Lighting Design contract

[richard]

Hello

 

I've just been given a contract for a show I'm to be lighting soon, which includes a clause:

 

The Company Member hereby waives such rights .... in relation to his contribtion under sections 77 & 80 of the design and copyright act 1980

 

Now, I'm not totally sure what this means, and reading the act doesn't help greatly as it doesn't make much sense to me, but it does seem to go against clause 15 of the ALD contract Rider, I have queried it and the producer is up for negotiation, so I'm not too worried, but it would be good to know what people think to this and what rights I would actually be waiving if I was to sign it!

 

Thanks

 

Richard

[Bryson]

Isn't it the Copyright, Designs and Patents Act 1988?

 

In which case:

a: They need a new lawyer who has better attention to detail. Cases get lost over stuff like that...

b: They're asking you to sign away your right to be indentified as the "author" of your design, and the right to object to "derogatory treatment" of the work - generally accepted to be unauthorised alterations.

 

So, basically they don't want to have to put you in the programme, and they reserve the right to butcher your original design for the tour. I don't think either of those are OK conditions, but YMMV.

[Bobbsy]

I am not a lawyer and all that, but...

 

I suspect another issue in this is that, by not identifying Richard as the "author", they would have the right to remount the show at a later date and use his design (or parts of it) without credit or additional payment. I come at this from the sound design angle where I can spend many hours or days recording and mixing music and effects and the copyright of these can be a relatively valuable commodity.

 

Bob

[Guest lightnix]

What they said...

 

...basically they don't want to have to put you in the programme, and they reserve the right to butcher your original design for the tour. I don't think either of those are OK conditions, but YMMV.

Sounds like yet another attempt by the bean counters, to devalue the creatives; but - as Bryson says - you have a choice...

 

1. Refuse

2. Accept - but charge a very hefty waiver fee - to be paid in advance and in full

 

The danger with accepting - even at a price - is that it will set a precedent and they'll expect you (and everyone else) to do it every time, for an ever shrinking fee. Best say No, IMO.

 

 

What do the ALD have to say about it? I shouldn't imagine it'll go down too well.

[richard]

Hello

 

thanks for the replies. They are quite a young production company and are willing to negotiate. I obviously won't be agreeing to that clause and have also forwarded the ald rider and asked that the majority of those clauses are included.

 

We shall see!!

[gareth]

Strikes me that you did the right thing in asking them to remove that clause.

 

If they do intend to revive the production at a later date, or make separate arrangements to tour it once the original run is finished, and they included that clause to ensure that they didn't have to pay you for the use of your design, then it'll ensure that they can't be so devious and underhanded about it and that they have to pay, as they should, an additional fee for the use of your intellectual property in a way that goes beyond the original agreement.

 

If, on the other hand, they don't intend to stage a revival or tour or whatever, then striking that clause from the contract won't make any difference to them at all, will it?! :)