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November 29th, 2011 #1
Contract/confidentiality agreement help?
Hi guys, I need a bit of help.
I started working with a client who wanted me to sign a confidentiality agreement, which was fine. They had sent me their manuscript and such before we had worked out a letter of agreement. I read it over, thought it was ok, and sent it back.
Now that we have a letter of agreement going they want me to sign the confidentially agreement again. Herein lies the issue.
'All of the results and proceeds of Contractor’s services provided under this
Agreement, whether in writing, filmed, taped or otherwise, are and shall be
deemed “works made for hire.” If for any reason such results and
proceeds are not deemed “works made for hire,” Contractor hereby
irrevocably assigns to Author all rights, title and interest (including all
copyrights, trademarks, service marks, and inventions, whether or not
such inventions are patentable) in and to such results and proceeds, in
perpetuity throughout the universe. Accordingly, Author shall be
deemed the sole author and/or exclusive owner of all of the rights
comprised in the copyright thereof, and Author shall have the sole and
exclusive right to exploit any and all of the foregoing in any and all media,
whether now known or hereafter invented, as Author determines.'
So I'm not too sure how to approach this, and honestly feel a little dumb for not thinking ahead on this.
Any suggestions on how I should handle this?
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November 29th, 2011 #3
If they insist on keeping it work for hire then tell them you'll need a (much) higher fee.
But it's perfectly common (and expected) for you to negotiate these conditions. Companies will often write a contract that gives them far more rights than they realistically need in the chance that an artist won't bother confronting them on it.
All that said, work for hire can be painfully common in certain industries. Sadly I don't know what the standards are in the children's book field.
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November 29th, 2011 #4