Friday, June 3, 2016

2016 VIDEO: BIZ: Video Director Agreement template from New Media Arts

Video Director Agreement template 
from New Media Arts
New Media Arts has prepared, for its own use, a number of agreements for employment, licensing the use of material under copyright, etc.  We are reworking these into templates and releasing them for general use.  New Media Arts believes these agreements are adequate in the context of video production in virtual worlds, for the purpose indicated in the text, but makes no warranty to that effect.

Section 1: Video Director Agreement

This agreement (hereafter referred to as “Agreement”) is between _________________ (hereinafter referred to as “Video Director”) and ________________. (hereinafter referred to as “Company”). This Agreement will set forth the terms under which __________ has agreed to engage the Video Director for various projects in 20__.
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Section 2: Services

2.1: The Video Director shall render services to the Company in the capacity of an internet and virtual world Video Director
  • Video Director will be responsible for casting, supervising set and character development, planning shots, directing screencapture and any other directorial services required to execute the video. 
  • Said services shall be rendered at the times required by the Company and in an artistic, conscientious and professional manner. 
2.2: It is the responsibility of the Video Director to provide his or her own equipment, software and internet connection. Some of the free software may be specified by the Producer. If the Video Director’s equipment or connection is not adequate, and cannot be corrected in a reasonable time, the Company reserves the right to cancel this Agreement and contract with another Video Director for the tasks.

2.3: Video Director will not disclose details of the project to persons not associated with the Company, and will not display any sets or specialized props without approval of the Producer.

2.4: The Video Director has no authority to commit or create any agreements, binding contracts, or indebtedness on behalf of the Company. 

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Section 3: Fees for Services

3.1: The Video Director may not start work until he or she submits a current W-9 or W-8 to the Company.The Video Director shall receive fees in the amount of $43.38 USD per hour or $4.338 USD per tenth of an hour.

3.2:
The Video Director shall send detailed invoices, to the Company periodically during the project, but at least once a month. As video is received and approved by the Producer or his representative, and after the Company has received the detailed invoice from the Video Director, the Company agrees to send payment, as above, on the following 1st or 15th of the month. Payments will be made via Paypal or by check, as the Video Director prefers, and sent to his or her email address or mailing address provided on the Video Director's W-9 or W-8. .

3.3: The Video Director shall be responsible for informing the Company by email of any change to the Video Director’s address or other contact information. Emails should be sent to [responsible company officers and/or agents]

3.4: The Video Director, as an Independent Contractor, shall be solely liable for the payment of all income and other taxes that may be due on payments that the Company has sent to the Video Director.
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Section 4: Credit and licensing

4.1: All audio and video content recorded or captured in connection with this Agreement becomes the property of the Company, without regard to whether or not it was requested by the Producer or his or her representative. Any audio or video captured on the set of this Digital Film or in the region that includes that set becomes the property of the Company. The public distribution of any such audio or video is not permitted without written approval from the Producer.

4.2: Provided that the Video Director is not in breach of any of the terms of this Agreement, and he or she substantially renders the services described in the Agreement on the Digital Film in a professional manner satisfactory to the Producer, then the Video Director shall be accorded credit in a manner customary within the motion picture industry. The size and placement of such credit shall be at the sole discretion of the Producer.

Name to use in credits: _________________________________________

4.3: In connection with the exploitation of the Digital Film, the Company shall also have the right to re-record, produce, reproduce, amplify, enlarge, broadcast, use, perform, and distribute, the Video Director's visual or audio content, along with other effects of any kind or nature, whether such effects shall have been created by the Video Director or by others. The Company shall have the right to substitute the visual content of another or others for the Video Director’s, when the Company deems necessary.

4.4: In addition to the services rendered by the Video Director, the Company shall solely and exclusively own all results, product, and proceeds thereof (including, but not limited to, all rights of whatever kind and character throughout the world, indefinitely in any and all languages of production, manufacture, recordation, reproduction, performance, and exhibition in any manner and by any art, device, or method, now known or hereinafter devised), whether such results, product, and proceeds consist of literary, dramatic, musical, motion picture, mechanical or any other form of works, themes, ideas, compositions, creations, or products.

4.5: The Company’s acquisition hereunder shall also include all rights generally known in the field of literary and musical endeavor as the “moral rights of the authors” in and/or to and musical and/or literary proceeds of the Video Director’s services.

4.6: The Company shall also have the right in respect to such product to add to, subtract from, change, arrange, revise, adapt, rearrange, translate into any and all languages, change the sequence, change the characters and the descriptions thereof, change the title of the same, record and photograph the same with or without sound (including spoken words, dialogue, and music synchronously recorded), use said title or any of its components in connection with works or motion pictures wholly or partially independent thereof, to vend, copy, and publish the same as the Company may desire.

4.7:
The Video Director hereby assigns to the Company all of the aforementioned without reservation, conditions, or limitations and no right of any kind, nature, or description is reserved by the Video Director, except that the Video Director is permitted to use examples of his/her work from the publicly released digital film in her/his portfolio of work. The project and New Media Arts, Inc must be identified clearly in these examples.
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Section 5: Publicity and Advertising

5.1: The Video Director hereby specifically grants to the Company the right to use the Video Director’s name, voice, likeness or still publicity photographs (if provided by the Video Director), actual appearances in the Digital Film, in any manner the Company chooses, and to use the Video Directors  biographical information in connection with the productions, exhibition, advertising, and other exploitation of the Digital Film.

5.2: The Video Director shall not circulate, publish, or otherwise distribute any news stories or articles, books, or other publicity containing the Video Director’s name relating directly or indirectly to the Video Director’s services, the subject matter of this Agreement, the Digital Film or the services to be rendered by the Video Director or others for the Digital Film unless the same are first approved by the Company.

5.3: The Company shall always have the sole and exclusive right, but only in connection with the Digital Film or in connection with the services rendered by the Video Director with regard to the Digital Film, to use and display the Video Director’s name and likeness (if provided) for advertising, publicizing, and exploiting the Digital Film, including without limitation souvenir programs, commercial tie-ups, paperback editions of the literary property directly related to and on which the Digital Film is based, or any sound recording.
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Section 6: Video Director Default

6.1: The Video Director understands that this Agreement is not an employment contract, that nothing in this Agreement creates any right to continuous employment with the Company or to employment by the Company for any specified period of time.

6.2: If Video Director fails or refuses to perform or comply with any material terms or conditions for any reason including but not limited to Video Director’s physical or mental incapacity, then Company shall have the right to terminate this Agreement upon written notice thereof to Video Director.

6.3: Except as indicated below, prior to termination of this Agreement by Company based upon Video Director Default, Company shall notify Video Director, specifying the nature of the Video Director Default. Video Director shall have 48 hours after the giving of such notice to cure the Default. If the Video Director Default is not cured within the 48-hour period, Company may terminate this Agreement forthwith.
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Section 7: Effect of Termination


Termination of this Agreement, whether by lapse of time, mutual consent, operation of law, exercise of a right of termination or otherwise shall terminate Company’s obligation to pay Video Director any further fees. Neither Company nor Video Director shall be deemed to have waived any other rights they may have or alter Company’s rights or any of Video Director’s agreements or warranties in connection with the rendition of Video Director's services prior to termination.



ALL TERMS ACCEPTED AND AGREED


________________________________

[Responsible company officer] 

__________________
[date signed]

_____________________________
 [Video Director]


__________________
[date signed]


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