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I recently got in touch with a relative of a relative who is an intern for a major national print publication. They're interviewing people with rabbits for a special separate pet guide magazine, so I said I'd gladly let her interview me for the publication. I asked if she'd need photos, and she said she would need hi-res photos of rabbits, though she didn't think I could produce them myself, thinking (rightfully) that I'm not a photographer. I do have some hi-res photos of them though. I didn't start thinking about it until someone else mentioned it, but should I be charging this publication for pictures of my bunnies? My friend took them for fun and is not a professional photographer and lives in another country and might not even care, but even if she doesn't, should I be asking for money for her/us anyway? Would I be entitled to any of it, or would it be solely for the benefit of my friend? That would be 100% fine with me either way. To that end, should I be paid for the interview? I was fine doing it for free but now, thinking of how much they can make distributing this nationwide, I'm not sure what's appropriate and what's not. If it's not them, it'll be pictures of other bunnies and mine are way cuter 
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Jan 31, 2013 17:09
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| # ¿ May 1, 2024 13:47 |
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Please change the "in perpetuity" clause to specify a period of use (after which you will indeed enforce that they are no longer using it and request several hundred more dollars from them. Otherwise, do not agree to this. As kedo said, they are most likely offering you this because they think you'll agree to it because you don't know any better. It is a ridiculous lowball offer that you will probably regret and not worth the pathetic pocket change they're offering. Sorry if this sounds a bit bitter, but it's in the interest of others learning from my mistakes; I've been burned by this in my own work (on-camera acting and voiceover work) and make a big point out of stressing the importance of both terms of usage AND terms of compensation in contracts, and specifically to avoid in perpetuity anything, to my students in my VO classes. In perpetuity means forever. FOREVER. Is $100 worth permanently giving part of your life experience to anyone? If you're particularly interested in making money off of this video, look into ad revenue or, as kedo mentioned, getting it on a stock footage site yourself, where you'll have better compensation AND specificity/protection of your rights.
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Mar 18, 2014 20:51
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Chase Quickpay is convenient too. They have a business checking option that's pretty good for small businesses--I think it was no fees as long as you make a few transactions each month, and even then it was $10 a month when we lapsed for a few months.
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Nov 25, 2015 01:41
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Arthil posted:While I cannot yet speak for it, I have managed to get myself a part-time job for the next four months thanks to Upwork. It could simply be that it was a fluke, a moment of luck. On the other hand I've also gotten an opportunity to work for even more money per hour on a similar part-time basis through a friend who works for an advertising agency. A good friend of mine found his current job as an animator through first freelancing for them on Elance. It DOES happen.
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Jan 15, 2016 07:08
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Hi there. Long time reader, first time question-asker. I'm working out an agreement to produce an audio component for a game. The company making the game is one at which a friend (whom I trust) works, and the arrangements have been more or less standard, albeit with a tight (but not impossible) deadline. The arrangement they are trying to make is such that I have actors sign a Work For Hire agreement with me, as a producer, and I in turn have an independent contractor agreement with this company. I have always been the "messenger" of such contracts before; I've never been the "Client" and have always simply facilitated the agreements between the "Client" and the "Talent", as it's...never made sense to put a Client's burden of responsibility on my own shoulders. But this does seem to be standard in the production world, and I'd like to know if anyone else is here has experience with this, and if so, how you handle(d) it. I'm a one-person operation and this job is a bit bigger than the scope of my previous projects, so I'm feeling a bit overwhelmed here. Though I've already contacted a lawyer, I wouldn't be able to cover legal fees unless this job goes through (and even then, it depends on how long this can all drag on). Secondly: My standard agreement for such work (which I created initially using advice from this very thread, so thank you!) generally states me (or the creator in question) as the owner and grants the client a thorough license to use the work. This client needs the audio produced as Work For Hire, but as an actor myself, I know that the actors will want their work protected such that it is not used in any derivative works. I already talked this out with a rep at the company and we mutually agreed on these terms (buyout for this project, no use outside of it), but am not sure how to work that into a Work For Hire agreement, since...doesn't that go against the nature of what a Work For Hire agreement is? Having kept up with this thread from its first page, I've seen that the approach/tone of both the questions and responses has largely been *fighting for freelance artists' rights*, and while I of course want to assert my needs and worth, I'd like to approach this objectively/neutrally; I don't think this has to be a fight per se, as most of the terms are already mutually satisfactory and they've been fairly cooperative with my requests so far. I simply want to know what I don't know here to be able to successfully negotiate and complete this project to everyone's mutual satisfaction. "Work For Hire" as a concept doesn't throw me, but potentially being on the hook for my clients' actions does, and I'd like to know how to handle it such that everyone gets what they need.
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Jan 26, 2016 15:12
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kedo posted:I don't know the answer to your contract question, but since you say this is the first time you've hired folks yourself – make sure you know how to deal with taxes. It sounds like they're going to be 1099 workers, and that's something you'll have to deal with. I've hired independent contractors myself plenty of times and am very familiar with W9s/1099s/that whole shebang, and I've facilitated contracts in which my client has been the one technically hiring the actors. This is the first time that a client has asked me to hire people myself for their project, if that makes sense--I'm having trouble explaining it adequately. The actors would sign their agreements with me and I'd sign one with my client. However, it seems that if the client take actions that leave me unable to fulfill my agreement with the actors, that burden of responsibility would fall on me, and I don't know how to manage this situation such that that isn't the case.
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Jan 26, 2016 16:28
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| # ¿ May 1, 2024 13:47 |
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kedo posted:And FYI, as you seem to have realized, in the future you should A) always write your own contract, don't just sign your clients', and B) define deposits as nonrefundable. And/or hire a lawyer to review contracts you receive to find and fix these things for you. I'm pretty contract-savvy but I still brought on a lawyer to work out some trickier details with the most recent arrangement I made with a new client. Best investment I could have made! Saved me a whole lot of time and energy and headache and made sure BOTH sides got what they needed. Well worth it.
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Feb 4, 2016 01:58
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