Sample contract for no-pay project?

Lisa Bennett · March 30th, 2008, 09:58 PM

Anyone know where I can locate a sample Talent contract for a no-pay project?

Thanks again,
Lisa

Jim Montgomery · March 31st, 2008, 07:04 AM

Try here http://www.industrycontracts.com/index.php

Lisa Bennett · March 31st, 2008, 08:25 AM

Thanks Jim for the link.

Just for the sake of getting people's opinions...

I have a talent for v.o....I'll provide the script and due to distance, they will record it. Will a standard talent release form cover this? I'm wondering since they don't hold copyright to the written word used in the recording but what about the hard copy recording once completed? It's basically a work-for-hire, no pay project and part of the service they are being asked to provide is their voice and the actual recording.

Here is a link to a Talent Release Agreement I came across on a search. It might cover some of the points that I have in question. http://www.ttop.com/docs/talent_release.pdf

People send me your thoughts when you have the time.

Thank you,
Lisa

Jim Montgomery · March 31st, 2008, 08:53 AM

Lisa I don't pretend to know copyright law but cover your butt when you can. This is what I use

111-TALENT CONSENT AND ASSIGNMENT OF RIGHTS

Jim

Lisa Bennett · March 31st, 2008, 09:14 AM

Hi Jim,

With the 111, are you providing some form of token payment to bind it further?

Thanks for your help.
Lisa

Jim Montgomery · March 31st, 2008, 09:38 AM

Only if I have to ;). I normally provide them with a DVD showing their work and give them credit, but the contract states "For good and valuable consideration, the receipt of which is hereby expressly acknowledged by me"

FWIW

Jim

Lisa Bennett · March 31st, 2008, 09:41 AM

That's what I had planned to provide also was a credit and copy.

Thanks again for the info.

Do you produce tv projects, commercials, corporate..what's your main interest?

Thank you again.
Lisa

Jim Montgomery · March 31st, 2008, 10:30 AM

I have produced, directed, filed, edited, et. al. a 13 week fishing show (Billfish Adventures), commercials for Hibiscus House, SFGMedia, Billfish Adventures, and The Billfish Foundation. Also a few promotional videos for the outfitters I hunt with.

I have been shooting some short films lately and my newest "Late in Life" is in production right now. You can watch the others at http://www.vimeo.com/765066 http://www.vimeo.com/711247

I shoot with the XDCam 350 and an EX1/Letus combination.

Jim

Lisa Bennett · March 31st, 2008, 11:04 AM

Sounds great...I'll take a look.

Once again, thanks for the info on that website. It was very helpful.

Best Regards,
Lisa

Peter Wiley · March 31st, 2008, 12:33 PM

My understanding is that, in order for there to be a contract between two parties, there must be "consideration", that is, what each party gets in return for doing (or not doing) what the contract requires. Without consideration a contract is generally not enforceable. I don't think it can be a "work-for-hire" gig if there is no pay (any therefore no real hiring going on). I don't think credit has any tangible value that would qualify it as "good and valuable consideration."

If it really matters, you might consider paying the talent $20-$30 or some small amount to do the recording and remove any issues that might arise later should you expect or fear any.

Martin Pauly · March 31st, 2008, 01:29 PM

Quote:

Originally Posted by Peter Wiley

My understanding is that, in order for there to be a contract between two parties, there must be "consideration", that is, what each party gets in return for doing (or not doing) what the contract requires. Without consideration a contract is generally not enforceable.

That matches my understanding, Peter.

It is very common to put a price of just one Dollar into a contract to make sure it's enforceable. The actual amount doesn't really matter, but some amount (like one Dollar) should be specified (and paid!).

- Martin

March 30th, 2008, 09:58 PM	#1
Lisa Bennett Major Player Join Date: Apr 2006 Location: Central, FL Posts: 265	Sample contract for no-pay project? Anyone know where I can locate a sample Talent contract for a no-pay project? Thanks again, Lisa

March 31st, 2008, 07:04 AM	#2
Jim Montgomery Major Player Join Date: Jan 2005 Location: Vero Beach Posts: 389	Try here http://www.industrycontracts.com/index.php __________________ http://www.billfishadventures.com \| http://www.sfgmedia.com

March 31st, 2008, 08:25 AM	#3
Lisa Bennett Major Player Join Date: Apr 2006 Location: Central, FL Posts: 265	What about the final recording? Thanks Jim for the link. Just for the sake of getting people's opinions... I have a talent for v.o....I'll provide the script and due to distance, they will record it. Will a standard talent release form cover this? I'm wondering since they don't hold copyright to the written word used in the recording but what about the hard copy recording once completed? It's basically a work-for-hire, no pay project and part of the service they are being asked to provide is their voice and the actual recording. Here is a link to a Talent Release Agreement I came across on a search. It might cover some of the points that I have in question. http://www.ttop.com/docs/talent_release.pdf People send me your thoughts when you have the time. Thank you, Lisa Last edited by Lisa Bennett; March 31st, 2008 at 08:40 AM. Reason: add link

March 31st, 2008, 08:53 AM	#4
Jim Montgomery Major Player Join Date: Jan 2005 Location: Vero Beach Posts: 389	Lisa I don't pretend to know copyright law but cover your butt when you can. This is what I use 111-TALENT CONSENT AND ASSIGNMENT OF RIGHTS Jim __________________ http://www.billfishadventures.com \| http://www.sfgmedia.com

March 31st, 2008, 09:38 AM	#6
Jim Montgomery Major Player Join Date: Jan 2005 Location: Vero Beach Posts: 389	Only if I have to ;). I normally provide them with a DVD showing their work and give them credit, but the contract states "For good and valuable consideration, the receipt of which is hereby expressly acknowledged by me" FWIW Jim __________________ http://www.billfishadventures.com \| http://www.sfgmedia.com

March 31st, 2008, 09:14 AM	#5
Lisa Bennett Major Player Join Date: Apr 2006 Location: Central, FL Posts: 265	Hi Jim, With the 111, are you providing some form of token payment to bind it further? Thanks for your help. Lisa

March 31st, 2008, 09:41 AM	#7
Lisa Bennett Major Player Join Date: Apr 2006 Location: Central, FL Posts: 265	That's what I had planned to provide also was a credit and copy. Thanks again for the info. Do you produce tv projects, commercials, corporate..what's your main interest? Thank you again. Lisa

March 31st, 2008, 10:30 AM	#8
Jim Montgomery Major Player Join Date: Jan 2005 Location: Vero Beach Posts: 389	I have produced, directed, filed, edited, et. al. a 13 week fishing show (Billfish Adventures), commercials for Hibiscus House, SFGMedia, Billfish Adventures, and The Billfish Foundation. Also a few promotional videos for the outfitters I hunt with. I have been shooting some short films lately and my newest "Late in Life" is in production right now. You can watch the others at http://www.vimeo.com/765066 http://www.vimeo.com/711247 I shoot with the XDCam 350 and an EX1/Letus combination. Jim __________________ http://www.billfishadventures.com \| http://www.sfgmedia.com

March 31st, 2008, 11:04 AM	#9
Lisa Bennett Major Player Join Date: Apr 2006 Location: Central, FL Posts: 265	Sounds great...I'll take a look. Once again, thanks for the info on that website. It was very helpful. Best Regards, Lisa

March 31st, 2008, 12:33 PM	#10
Peter Wiley Major Player Join Date: Apr 2002 Location: Lewisburg PA Posts: 741	My understanding is that, in order for there to be a contract between two parties, there must be "consideration", that is, what each party gets in return for doing (or not doing) what the contract requires. Without consideration a contract is generally not enforceable. I don't think it can be a "work-for-hire" gig if there is no pay (any therefore no real hiring going on). I don't think credit has any tangible value that would qualify it as "good and valuable consideration." If it really matters, you might consider paying the talent $20-$30 or some small amount to do the recording and remove any issues that might arise later should you expect or fear any.

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