Business Question

D

DWHJR

Member
Hello all,

First and foremost thank your for the help!

I have a question regarding a ommercial I would like to shoot. I need an artist to draw for me, because I am a terrible drawer, and I have one chosen. However to cover myself from a legal standpoint, I.e. (theoretically speaking also) let's say this commercial takes off and I am paid 7 amoint of dollars for it. How do I cover myself from that artist coming back at me saying you owe me half of the earned money?

Here are some things needed to know before you answer

1. The artist's face will never appear on camera, only his hands
2. I will be paying him cash

With that being said do I need contracts, if so what contracts do I need? If not ontracts are needed what do I tell him? What do I not tell him?

Thank you for the help!
 
It's not important that only the artist's hands appear versus his face nor that you're paying him in cash, though make sure you have his signature on a written record acknowledging his receipt of the payment, for both for your future tax records and for contractual purposes. Paying by cheque is better from that standpoint as you'll have the cancelled cheque bearing his endorsement to prove he received payment should a dispute arise. But the drawing he makes will be copyright and he will retain all the rights to it unless the drawing is expressly made as a "work-for-hire" or he otherwise transfers the copyright to you. Without a "work-for-hire" agreement, all you're getting in return for your payment to him is at most a license to use the drawing in your commercial. "Work-for-hire" agreements, transfer of copyright, and licenses to use copyright materials MUST, by law, be in writing. If you don't get it in writing, he could always claim, rightly or wrongly, that you didn't have permission to incorporate his work into your own.

As far as what you do not tell him, I can't see any reason to keep anything a secret. You're hiring him to make a drawing you intend to use as part of a commercial and it's presumed you're doing that hoping to make money from the final commercial - there's no secret there. You might make a lot of money, a little money, or you might lose your shirt. It's no different from any other employment arrangment.
 
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