contracts, commissions and copyright by kara, rachel, katie and owen
TRANSCRIPT
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Contracts, Commissions and Copyright
By Kara, Rachel, Katie and Owen
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Group
• Group roles
• Katie Write Minutes• Kara Research Contracts• Owen Research Copyright
• Rachel and Katie Research Commissions
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Introduction
• Research.• Report back to group.
• Evaluate.• Select most relevant information.
5 Key Points
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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?
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What is a Contract?
• A legal agreement.• Between two or more parties.
• Perform certain services in exchange for money or remuneration.• Verbal or Written.
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Types of Contract
• Verbal
• Implied Contract
• Written Contracts
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Why have a Contract?
• Covers yourself.• Covers the client(s).• Makes clear what is expected from you.
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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.
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What are the stages of a contract?
Proposal.Negotiation.
Consideration.Confirmation.
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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?
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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.
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Why have commissions?
• To clarify the needs of a client.
• Commissions can sometimes be permanent.
• Commissions often lead to contracts.
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How do you get commissions?
• Advertisements in the media.• Networking within the sector.• Agencies.• Self-Promotion on-line and locally.• Recommendations.• In-house requests.
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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.
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How do commissions affect contracts?
• Commissions are the beginning of a contract.• Terms of a contract are discussed during
commissions.
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Copyright
• What is Copyright?• How do I get Copyright?
• What does Copyright entail?• How do I license/sell Copyright?• How can you infringe Copyright?
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What is Copyright?
• Private right.
• Exploit your copyright work.
• Right to license/sell copyright.
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How do I get Copyright?
• Automatic.• No registration, forms or fees.• Original work.
• Recommended a © logo and date is added.
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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.
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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.
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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.
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Conclusion
• Contract: Legalize and document the design work undertaken.
• Commission: Outline of a request for design work.
• Copyright: Protect the design work undertaken.
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Thank you
Questions
?