Tuesday, 1 January 2019

Writing Binding, But Sensible, Contracts For Creatives

By Diane Peterson


The majority of creative people don't have much patience for the legal side of the business. They prefer to concentrate on their art and avoid the paperwork. Unfortunately, in business there are always details that need to be attended to in order to make sure everyone is satisfied with the final job. A contract doesn't have to be filled with legalese or contain as many pages as a novel. There are ways to write sensible contracts for creatives that are also binding.

It's a good idea to take a positive attitude when you enter into a legal agreement with someone. Rather than considering this contract something you enter into to protect your interests only, you should think about it as a mutual understanding between you and another party. A contract is a way to formalize the expectations of all parties. All it takes are three parts. You need to include the offer, acceptance of the offer, and what is to be exchanged in order to satisfy the offer.

Including a cover letter is a good idea according to the experts. This is not necessarily a formal part of your contract. It is an excellent opportunity to outline the particulars of what the contract contains. Some items it's good to include in a cover letter are the names of the parties to the contract, what work is being exchanged, the time length of this contract, and what restrictions, if any, one party is attaching to the use of the work by the other party.

Adding section headings is another good idea. Headings make it easier for everyone involved to navigate the agreement. It can also make information easier to go to if it is referred to in another section of this contract. The legal names of all parties to the agreement and the date the agreement is entered into needs to be at the top of the document. It is also a good idea to include the contract length and whether or not it is renewable in this section.

To be valid a contract must include mutual consideration. This means you are offering something of value to the other party, and that party is offering you something that has value in return. This may be cash, artwork, or something not as tangible like publicity.

Whatever the agreement is, the terms of any exchange must be clearly delineated. Who will own the intellectual property is part of this agreement. You may be offering a license for use while you retain the copyright for instance.

If you are working on a project, it may be necessary to include a schedule in your contract. There might need to be a time frame for delivery of sketches or first drafts and another for revisions and acceptance. A date for delivery of the final product must also be a part of this contract.

How the payment will be made must be part of a contract. Your customer might be paying a retainer or paying in increments. You may require payment in full, in guaranteed funds, upon delivery.




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