Sample contract for no-pay project?

[Lisa Bennett]

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

Thanks again,
Lisa

[Jim Montgomery]

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

[Lisa Bennett]

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]

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]

Hi Jim,

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

Thanks for your help.
Lisa

[Jim Montgomery]

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]

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]

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]

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]

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]

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