Contracts, Commissions and Copyright

By Kara, Rachel, Katie and Owen

Group

• Group roles

• Katie Write Minutes• Kara Research Contracts• Owen Research Copyright

• Rachel and Katie Research Commissions

Introduction

• Research.• Report back to group.

• Evaluate.• Select most relevant information.

5 Key Points

Contracts

• What is a contract?• What types of contracts are there?

• Why have a contract?• What should you include in a contract?• What are the stages of a contract?

What is a Contract?

• A legal agreement.• Between two or more parties.

• Perform certain services in exchange for money or remuneration.• Verbal or Written.

Types of Contract

• Verbal

• Implied Contract

• Written Contracts

Why have a Contract?

• Covers yourself.• Covers the client(s).• Makes clear what is expected from you.

What should you include in a contract?

• Type of job.• Size of the final artwork.• Number of pages.• Fees and costs.• Schedule.

• Your own logo.

What are the stages of a contract?

Proposal.Negotiation.

Consideration.Confirmation.

Commissions

• What is a commission?• Why have commissions?

• How do you get a commission?• What type of commissions are there?• How do commissions affect contracts?

What is a commission?

• Client’s request for specific needs.• Commission is the hiring and payment for the

creation of a piece.• Outlines the needs of the client.

Why have commissions?

• To clarify the needs of a client.

• Commissions can sometimes be permanent.

• Commissions often lead to contracts.

How do you get commissions?

• Advertisements in the media.• Networking within the sector.• Agencies.• Self-Promotion on-line and locally.• Recommendations.• In-house requests.

What type of commissions are there?

• “Self commission” to create pieces of work with a particular collection in mind.

• “Open commissions” publicly advertised to gain as many ideas as possible.

• “Corporate commissions” large industry based requests.

How do commissions affect contracts?

• Commissions are the beginning of a contract.• Terms of a contract are discussed during

commissions.

Copyright

• What is Copyright?• How do I get Copyright?

• What does Copyright entail?• How do I license/sell Copyright?• How can you infringe Copyright?

What is Copyright?

• Private right.

• Exploit your copyright work.

• Right to license/sell copyright.

How do I get Copyright?

• Automatic.• No registration, forms or fees.• Original work.

• Recommended a © logo and date is added.

What does Copyright entail?

• Copy or distribute.• Performance in public.

• Broadcasting and use on-line.• Lasts for your lifetime plus 70 years.

• License or Sell.

How do I license/sell Copyright?

• Written Contract.• Signed by both parties.• Known as a ‘assignment’.

Note: Author can still claim ‘moral rights’ objecting to any derogatory treatment.

How can you infringe Copyright?

• Using whole or substantial part of copyrighted work.

• ‘Substantial’ if under question would be decided by courts.

• ‘Substantial’ does not have to mean a large part of the work.

Conclusion

• Contract: Legalize and document the design work undertaken.

• Commission: Outline of a request for design work.

• Copyright: Protect the design work undertaken.

Thank you

Questions

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