- Additional uses:
- Additional uses can get you more (i.e. created a graphic for a show but then they want to make merchandise out of it, ads, etc.)
- This is not always a topic that is discussed so bring it up!
- Use this as a reason to request more money for more uses.
- Even if the deal was structured as a work for hire it’s worth asking since the price of what you are selling may change depending on how they plan to use it, regardless if you are giving up control.
- Restrict usage and look out for reposts/repurpose/modifications of your image. This is for protection of your brand but also, the more uses they get from your content the more money you want to ask for.
- Collaboration Deals:
- Some deals can be structured as collaborations instead of flat fee payments. Depending on the circumstance this may be a way to make more money from the deal.
- If you have your own platform can assess if you prefer royalties or flat fee for collaboration.
- You can capitalize on the marketing they are doing, can align yourself with the brand and can access certain resources you may not have on your own.
- If negotiated properly may be able to keep all the proceeds from selling the collaboration on your own platform (after paying a reduced price to the brand).
- Owning your IP:
- This is fundamental on many levels but in the scope of this conversation, it’s important so you can rightfully license without potentially having to defend a lawsuit against you and the brand later on.
- Also, most contracts will require you to indemnify the brand and so knowing you rightfully own your trademark can assure that when you are agreeing to indemnify them you know what your risks are.
- Remember: a dollar saved is worth more than a dollar earned!
- Who owns the Content?
- The amount requested should differ if the content is being used one time as is, being reposted or is being done as a work for hire where the brand will now own the content and use it at their sole discretion.
- The more ownership, the more you should ask for.
- Gross v. Net:
- This may seem obvious but when dealing with a percentage of revenue, clarifying whether your compensation is a percentage of Gross or Net is fundamental.
- In the event that you can’t get gross it is crucial to clarify what expenses qualify under net and even request caps or approval rights.
- While this may not make you more money on this deal you want this to be narrow to try to continue making deals in other categories that are not direct competitors.
- Indirect Revenue:
- Make sure you request credit, tags etc.
- This is not direct revenue but it’s exposing you to a larger audience and gaining more followers, more brands etc. which in turn make your future fees higher!
Contact us today if you need assistance regarding any music or copyright-related matters!
By: Brenda Schamy (April 8, 2020)
Disclaimer: DiSchino & Schamy is a boutique, Miami-based law firm which specializes in corporate, business and intellectual properties for businesses in the creative industries. However, this information is being provided for educational purposes only and does not constitute legal advice. Any reader of this article should consult with an attorney directly regarding its legal rights and obligations.