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Editor Contract
Posted by hunterlee
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Re: Editor Contract May 19, 2009 11:20AM |
My 2¢:
Don't guess & use a generic "internet-found" legal document. Contact an Entertainment Lawyer's Office. They are all different for different markets & projects.
When life gives you dilemmas...make dilemmanade.
Don't guess & use a generic "internet-found" legal document. Contact an Entertainment Lawyer's Office. They are all different for different markets & projects.
When life gives you dilemmas...make dilemmanade.
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Re: Editor Contract May 19, 2009 03:37PM |
Quote
It's probably not going to hold up as well in court as a lawyer drafted contract would but if it comes to that you will be paying every cent to a lawyer anyway
Not the way to think when you are dealing with the legalities of our business IMHO. Why even entertain the thought that you COULD be sued when you can cover your a$$ from the start with a LEGAL CONTRACT.
Do yourself a huge favor here...contact an entertainment lawyer.
When life gives you dilemmas...make dilemmanade.
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Re: Editor Contract May 19, 2009 03:46PM |
Agreed. If you actually need a paper contract, then you actually need a valid and binding one. Otherwise, you're just wasting time and, well, paper.
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Re: Editor Contract May 19, 2009 08:59PM |
Well, that's not technically true. In order for a contract to be binding, it has to include consideration. If you and I both signed a document that says "Noah will wash my car every Sunday," that document wouldn't be a contract, because you don't get anything out of it. There's no consideration.
We could sign a document that says "Noah will wash my car every Sunday, and in return I won't punch him in the no-no business," but that wouldn't be a binding contract either, because punching you in the no-no business is an unlawful act ? battery ? and the withholding of an unlawful act isn't consideration. Also, it'd be hard to argue that such a document was signed out of a genuine mutual assent, rather than your own desire not to be punched in the no-no business. An agreement entered into under duress isn't a contract at all, and neither party can be bound by it.
Point here being that contracts are tricky business, and if you're going to go to the trouble of having one at all, you might as well do it right. Because getting the details wrong means the document you're holding isn't a contract at all, legally speaking, and it's literally worth less than the paper it's printed on.
We could sign a document that says "Noah will wash my car every Sunday, and in return I won't punch him in the no-no business," but that wouldn't be a binding contract either, because punching you in the no-no business is an unlawful act ? battery ? and the withholding of an unlawful act isn't consideration. Also, it'd be hard to argue that such a document was signed out of a genuine mutual assent, rather than your own desire not to be punched in the no-no business. An agreement entered into under duress isn't a contract at all, and neither party can be bound by it.
Point here being that contracts are tricky business, and if you're going to go to the trouble of having one at all, you might as well do it right. Because getting the details wrong means the document you're holding isn't a contract at all, legally speaking, and it's literally worth less than the paper it's printed on.
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Re: Editor Contract May 19, 2009 09:08PM |
Any contract? No. Not sure what you mean there Noah (?) You don't need a Lawyer to "shoot holes in it"...just a sneaky client that doesn't want to pay for services rendered who has a better lawyer than you.
...and you don't need a Lawyer for every project...but you SHOULD hire one to draw up a generic "fill in the blanks" work agreement (contract) between Editor / Designer and client. You can use this doc for other projects. You DON'T need to keep a lawyer on retainer.
Anyway, back on topic...if you are on a budget hunterlee, try calling the toll free number @ Legalzoom.com:
[www.legalzoom.com]
Looks like a pretty thorough website for folks on a budget. They may have a document for you.
When life gives you dilemmas...make dilemmanade.
...and you don't need a Lawyer for every project...but you SHOULD hire one to draw up a generic "fill in the blanks" work agreement (contract) between Editor / Designer and client. You can use this doc for other projects. You DON'T need to keep a lawyer on retainer.
Anyway, back on topic...if you are on a budget hunterlee, try calling the toll free number @ Legalzoom.com:
[www.legalzoom.com]
Looks like a pretty thorough website for folks on a budget. They may have a document for you.
When life gives you dilemmas...make dilemmanade.
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Re: Editor Contract May 19, 2009 09:15PM |
Of course. I think in this case the pragmatic alternative is a handshake. Unless you're dealing in real property ? generally land, land improvements or the rights covering either of those ? an oral contract is entirely binding. If you've got a sketchy feeling and you want your butt covered in the event of a dispute, you can always get somebody to witness it by being present.
I'm not trying to argue with you here, Noah; we're really saying the same thing. I just think starting with a boilerplate document and tweaking it is more likely to get somebody into a situation they didn't fully understand, whereas a simple handshake agreement is equally binding and less prone to confusion.
Getting back to the real world for a second, I think it's far more likely that somebody in our business will run into simple failure to pay than some more nuanced breach of contract. A few years back I did a job for a relatively small client, and the agreed-upon sum was $2,000 paid no more than 30 days after completion of the work. It was a whole year before I got a check in the mail for $1,000, and I never did see the other half. I never got into the client's reasons not to pay ? they never expressed any particular grievance, and I never asked if they had one ? so it could have been anything from a cash-flow problem to hating me on a deep and personal level and seeking vengeance. It simply wasn't worth it to me to nag them; I just wrote it off and moved on. In that case, if I had chosen to pursue it, no iron-clad written contract would have been necessary or helpful, but a carelessly constructed one could have caused a real headache.
I'm not trying to argue with you here, Noah; we're really saying the same thing. I just think starting with a boilerplate document and tweaking it is more likely to get somebody into a situation they didn't fully understand, whereas a simple handshake agreement is equally binding and less prone to confusion.
Getting back to the real world for a second, I think it's far more likely that somebody in our business will run into simple failure to pay than some more nuanced breach of contract. A few years back I did a job for a relatively small client, and the agreed-upon sum was $2,000 paid no more than 30 days after completion of the work. It was a whole year before I got a check in the mail for $1,000, and I never did see the other half. I never got into the client's reasons not to pay ? they never expressed any particular grievance, and I never asked if they had one ? so it could have been anything from a cash-flow problem to hating me on a deep and personal level and seeking vengeance. It simply wasn't worth it to me to nag them; I just wrote it off and moved on. In that case, if I had chosen to pursue it, no iron-clad written contract would have been necessary or helpful, but a carelessly constructed one could have caused a real headache.
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