Re: FLASH: OT:job contract

[Marc Hoffman, Poison Dart Frog Media]

Sarah,


The closest I've come to the below terms is to sell all rights to 

electronic usage but the client returned to me the license to display the 

work in a portfolio. We agreed to increase the fee I'd originally quoted 

them, in order to compensate for the extra rights they were demanding. I 

agree with others who've said it just depends whether it's worth the money. 

Relinquishing all rights should be worth a lot, possibly doubling your fee.


I would not sign away my right to work for any of their customers unless 

it's explicitly stated who those customers are. At the very least, it 

should be clear that the customers they're referring to are customers you 

are directly introduced to in the course of your work for the company. I'm 

no lawyer, but it occurs to me that as the language is currently written, 

you could never, ever do work for anyone who at any time (past, present, or 

future) is a customer of theirs. If you did, you could be liable for 

monetary damages. So this part is unreasonably broad and vague and I 

wouldn't go near it.


I hope you feel okay about walking away from this one, because you need 

that option in order to negotiate.


best wishes,

Marc


At 05:21 AM 5/21/2000 , you wrote:


>need some advice about this, would be my first job but does this type of

>contract seem reasonable?

>how should i approach this?

>

>                        In the meantime we are looking for absolute

>Confidentiality and ask if you

>                        can confirm as others have that you are prepared to

>agree that anything you

>                        do or are asked to do for 

> Internet-Inspirations.com and

>its Associated and

>                        affiliated Companies would be strictly 

> Confidential in

>every respect and

>                        that you would not solicit work from any of our

>Customers- that you would

>                        not include any such work or proposals within your 

> own

>Portfolio or

>                        say/publish you had or were doing work for us.

>

>                        You would agree all rights and Copyrights both for 

> the

>Web & Print would be

>                        ours exclusively and you would not put your name 

> on in

>or behind any work

>                        you do for us or our Clients - nor put any "cookies"

>anywhere and that you

>                        will not display or hide any Authors 

> name/reference on

>in or anywhere behind

>                        or in the "sources" or Tools used.

>

>                        Our main Web Page Designing Company is called

>www.Internet-Inspirations.com

>                        whose name as Authors must be put both on where

>requested by us and

>                        exclusively in the "sources" codes used.

>

>                        On occasion we may ask you to please put the name

>                        www.Internet-Inspirations.co.uk in place of .com both

>of which Domains are

>                        within our Portfolio.

>

>                        Other Domains within our current Portfolio are

>www.domainroyal.com

>                        and.co.uk. and also www.webspread.co.uk

>

>                        Your confirmation of all the contents of this e-mail

>will therefore

>                        confirm to us your intention of honouring all our

>Confidentiality copyright

>                        and reproduction rights in all Fields whether Web and

>otherwise including

>                        Print - and after agreeing such rights are ours you

>will make no claim for

>                        any additional use afterwards.

>

>                        If you will let me have an unqualified acceptance of

>these Terms I will be

>                        happy to proceed further at an early date and look

>forward to a mutually

>                        advantageous business relationship.



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