Lighting design ownership Advice

[ChrisBogg]

Hi Guys,

 

Im after a little advice on the following situation.

 

A few weeks ago I had been asked to lighting design a small dance production ( a solo) for a collaborative project. I was given the dates of the project and we discussed costs for these dates and my work etc. Including operating the show.

 

The project has gone very well and It has now finished however, the client has now asked for the lighting design as they will be performing this project again in other spaces and wishes to use my design for the work and possible future shows or a tour. They seem to think that this is now theirs as they have paid me to do it. What they paid for was my time to design and rig it for one performance.

 

I have explained that while Im happy to supply a copy of my design for their reference the design does actually belong to me and that any further performances using the lighting design created for this project should be discussed in advance with myself. This hasn't gone down as well as Id hoped with the client and whilst it hasn't gone any further as yet there has been talks of "you have been a part of the collaborative project that is now "the show" and so the lighting design is part of the the show. Also comments from the choreographer such as "as I feel I have been involved in many of the creative processes of the lighting design and made many of the creative choices."

Im having some difficulty getting across to them that although some of the creative ideas such as the feel or mood of lighting for an area of the work may have come from them, turning this into a workable lighting design is my intellectual property and is therefore owned by me.

 

I currently feel that as none of this was discussed in advance of the project (I was under the assumption that this was a one off show) we should discuss how we proceed with any further performances but wanted to gauge the opinions of those lighting designers with experience in this area on the forum.

 

Dont get me wrong Im not against repeating the show however as I would likely not be called and asked to go along and plot/focus on these future events, I will gain no more work for my efforts than the few days I spent on the project. Had I been asked to produce a design for a tour or to be used again by the client I would have charged differently than the few days labour I quoted for. As the project was a creative project creating the plan in Vector works along with detailed focus notes has taken me the best park of a 1/2 a day that is now not paid for. Thats before the phone calls from in house technicians start to come in about the design etc.

 

Im keen to keep both the client happy and do the appropriate thing here. I am torn between a few scenarios,

 

Allow the client to use my design on other small shows of a similar size with further discussions for larger houses or a tour. I would receive a design credit for this. This is OK but I would be keen to ensure that the design looks as it should on other events (not poorly rigged and plotted by some unenthusiastic house tech) and as no further payment would be received this would be at my expense.

 

Charge the client per use but attend to view/assist with the plot. (not really within the clients budget)

 

Insist that I am employed to tech plot the show for the design to be used. (this would be great but again not sure thats fair as the client has very limited funding.

 

Discuss a fee for the client to buy the design and leave it to them.

 

Give the client the lighting design and just forget all about it in the knowledge that next time I can learn from this and ask more questions from the start. This is fine but not ideal. Im sure they would come back to me for the next event and we can discuss it in advance.

 

Like I say Id like to work with the client more so don't want to hit them with something they cant afford but would want to ensure that if my design is used a lot that A, it looks as it should, and B, that I am appropriately credited both financially but almost more importantly for the design.

 

Interested in your thoughts.

 

Chris

[ramdram]

I see you are a member of Bectu. If they still have the offer of very inexpensive legal advice then I would start with them. IE you can argue the toss from a legal point of view sort of thing.

 

This may of interest(?):

 

http://en.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom

 

NB. you should read this with the understanding that the wiki it by no means the definitive treatise of this (or any) subject.

 

That said your client asked for the design as opposed to simply issuing a demand. It it reminiscent, to me, of the internship for free scenario. I am not convinced by the "collaborative" guff either.

[paulears]

The ALD standard contract is a handy thing for making clear this kind of thing - however, reading your post again, you seem to know that there is no funding for the future events, so maybe the client, knowing that you know the financial position, did think they'd commissioned you to provide a design for their recurring show, not just the one-off? Realistically, trying to explain this after the event will sound to them, pretty negative - even though to us, fair.

 

You could of course provide them with a plan that you know will be difficult to implement in other venues. The choreographer - are they going to be involved in the future shows? because if they are, they set the precedent that you too should be involved in the others too.

 

Without the contract before the event, you'll be perceived as the awkward one. I personally would probably be nice and give them the plan - making sure the copyright of it is very clear in big letters. Then I'd call it quits. Two things may happen - they give the plan to a venue of different shape, size and facilities, and they have to call you back - which yiu then charge a fee for, or you let them do it their own way, because your plan, while showing colours, won't show them how it looks and where things were focussed. Don't ask for a credit, because you don't want one - and original lighting by .... doesn't do you any good if it's poo! Write this one off and make sure you use a proper contract next time.

 

The ALD terms available to everyone on their website

Copyright: All rights in and to any design conceived by the Lighting Designer in the course of the provision of services provided, shall be and shall remain, upon their creation, the Lighting Designer’s sole and exclusive property. No changes can be made to the design without the Lighting Designer’s prior approval.

The Lighting Designer as named above is hereby identified as creator of this work in accordance with Section 77 of the Copyright, Designs and Patents Act, 1988.

[indyld]

I tend to agree with Paul, in that it's probably best to put this down to experience and appear to be above any suggestion that you are being "awkward" whilst not actually providing them with much in the way of useful information. Send them a copy of the plan and nothing more, no focus notes or additional information on how you lit the show and let whoever has to deal with it work it our for themselves. The company may feel that if they have the plan, they can move forward. We know that a rig plan is such a tiny part of a realised lighting design but....

 

Make sure that they feel that you are being helpful, while also reminding them that no mention of a buy out was made prior to you undertaking the work, if you need to. Also resist when they say "Can we get so-and-so house tech to give you a call to get some details on the lighting..?" You've done the work and been paid, be as helpful as you like without actually spending any more time on the project. You never know, they may decide that the only way to get the lighting they want is to have you there for part of each show.

 

A lighting design is such a complex combination of elements that handing over a rig plan is not exactly giving away the farm. Anyone can chuck a few lanterns around a space, but if you aren't there then it's not really your work anyway, certainly wouldn't be for me as most of what I do that can't easily replicated comes down to the focus and the plot (plus, on live shows the actual operating and decisions taken on the night)

 

Emailing off a copy of the plan ONCE doesn't take much of your time, but don't enter into further work unless they actually start to pay for your service. And avoid a credit, the end result might not be something you'll want to take credit for.

 

HTH

[ChrisBogg]

Thanks for your advice so far Guys, really helpful to know how others feel.

 

Its that difficult moment when someone askes you to light a project that seemed like a one off. when to pull some sort of contract out without that seeming over the top.

 

Chris

[paulears]

I've always found that if you belong to the ALD, you can blame them in a way - Same kind of thing as when a musician is a member of the MU, they can use it to sometimes get money.

 

"will you design the lighting for me - but I can't pay very much, is that OK?"

" yep- that's fine, it's a good cause, and we're mates - the only snag is, I'm a member of the Association of Lighting Designers - so we'd have to do a proper contract - we can still do it cheap on the quiet, but I have to keep the records straight"

 

This will sometimes generate a dialogue when they read it. Usually on the very problem discussed here. I always counter that with a comparison with wedding photographers, who may well take lots of pictures, but you never get the negatives - so if you want reprints, you have to go back to them - just standard business practice.