Wednesday, March 30, 2016

2016 VIDEO: BIZ: Video Editor agreement template -- by New Media Arts

Video Editor agreement template -- by New Media Arts
New Media Arts has prepared some templates that we use to record formal agreements between New Media Arts and skilled contractors that we pay to perform certain services in support of our projects.  From time to time we will publish some of these as templates so that others may use them in making similar agreements.  We believe that we have covered every item that needs to be covered in connection with each particular service, but we make no warranty of any kind.  Users are encouraged to get legal advice for matters that involve substantial amounts of money.  
New Media Arts

Letter of Agreement - Video Editor
  • (More after the break)
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Section 1: Video Editor Agreement
This agreement (hereafter referred to as “Agreement”) is between _________________ (hereinafter referred to as “Video Editor”) and ____________ (hereinafter referred to as “Company”). This Agreement will set forth the terms under which New Media Arts Inc. has agreed to engage the Video Editor for various projects

Section 2: Services           
2.1: The Video Editor shall render services to the Company in the capacity of an internet and virtual world Video Editor, to be completed within the period of time agreed upon for each project, but generally within 3 weeks after the audio and screen capture tracks are delivered to the Video Editor.
     Video Editor will be responsible for editing moving video images, along with editing and synchronizing soundtracks with images and adding text for titles and credits as directed by the Producer.
     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 Editor 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 Editor’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 Editor for the tasks.
2.3: Video Editor 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 Editor has no authority to commit or create any agreements, binding contracts, or indebtedness on behalf of the Company.
Section 3: Fees for Services
            3.1: The Video Editor may not start work until he or she submits a current W-9 or W-8 to the Company.The Video Editor shall receive fees in the amount of $????  USD per hour/$????  USD per tenth of an hour.
            3.2: The Video Editor 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 Editor, 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 Editor prefers, and sent to his or her email address or mailing address provided on the Video Editor's W-9 or W-8..
            3.3: The Video Editor shall be responsible for informing the Company by email of any change to the Video Editor’s address or other contact information. Emails should be sent to ___________________
            3.4: The Video Editor, 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 Editor.

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 Editor 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 Editor 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 Editor's visual  or audio content, along with other effects of any kind or nature, whether such effects shall have been created by the Video Editor or by others. The Company shall have the right to substitute the visual content of another or others for the Video Editor’s, when the Company deems necessary.
            4.4: In addition to the services rendered by the Video Editor, 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 Editor’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 Editor 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 Editor, except that the Video Editor is permitted to use examples of his/her work from the publicly released digital film in her/his portfolio of work. The project and the Company,  must be identified clearly in these examples.

Section 5: Publicity and Advertising
5.1: The Video Editor hereby specifically grants to the Company the right to use the Video Editor’s name, voice, likeness or still publicity photographs (if provided by the Video Editor), actual appearances in the Digital Film, in any manner, and biography in connection with the productions, exhibition, advertising, and other exploitation of the Digital Film.
5.2: The Video Editor shall not circulate, publish, or otherwise distribute any news stories or articles, books, or other publicity containing the Video Editor’s name relating directly or indirectly to the Video Editor’s services, the subject matter of this Agreement, the Digital Film or the services to be rendered by the Video Editor 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 Editor with regard to the Digital Film, to use and display the Video Editor’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.

Section 6: Video Editor Default
6.1: The Video Editor 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 Editor fails or refuses to perform or comply with any material terms or conditions for any reason including but not limited to Video Editor’s physical or mental incapacity, then Company shall have the right to terminate this Agreement upon written notice thereof to Video Editor.
6.3: Except as indicated below, prior to termination of this Agreement by Company based upon Video Editor Default, Company shall notify Video Editor, specifying the nature of the Video Editor Default. Video Editor shall have 48 hours after the giving of such notice to cure the Default. If the Video Editor Default is not cured within the 48-hour period, Company may terminate this Agreement forthwith.

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 Editor any further fees. Neither Company nor Video Editor shall be deemed to have waived any other rights they may have or alter Company’s rights or any of Video Editor’s agreements or warranties in connection with the rendition of  Video Editor’s services prior to termination.


________________________________            _______________________________
 Creative Director                                              [Video Editor]

Date ____________________________            Date____________________________


News and Notes


    The Hypergrid WIP Show

    The Hypergrid WIP is a one hour "show & tell" of works in progress or recently completed. All builders from beginner to pro are invited.  Presentations are in voice and text.  For text presentations, best bring the text in a notecard and paste it into chat.  Voice presentations may be captured in video.  Stills and videos from the show may appear in this blog and elsewhere.

    The Hypergrid WIP Show

    The Hypergrid WIP is a one hour "show & tell" of works in progress or recently completed. All builders from beginner to pro are invited.  Presentations are in voice and text.  For text presentations, best bring the text in a notecard and paste it into chat.  Voice presentations may be captured in video.  Stills and videos from the show may appear in this blog and elsewhere.

    Next WIP show 

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    • At Narasnook, use World Map to search for Pandora
    • Narasnook  location (second Sunday of the month)
    • Pandora allows presenters to run high threat OSSL functions.
    • Put the line above in your World Map next to Find.  Click FindTP
    • At Narasnook, use World Map to search for Pandora
    • Cookie II location (fourth Sunday of the month)
    • HG address below: paste into the World Map next to Find. Click Find, TP
    • II 
    • in Kitely: paste into Nav (top) bar of Firestorm, Enter.
    • hop:// II/68/369/22

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