Spike and Mike, the animated film people, have decided the would like to pay for the usage of my animated movie, "The Ninjews." I have not seen the contract yet (I believe they're going to mail it any time now), but over the phone, one of the told me they'd "want it all, and take what they can get." I'm wondering if one of you kind gentlemen, or ladies, with knowledge of media law could help me not get screwed and still make some decent scratch, none of which, of course, will go to you personally.

What I'd like is a list of the rights you can sell, and what they entail. I can't remember jack from my media law classes in college.

Josh, how long have you been out of college for? If it's recently, I'd go back and talk to your media law professor for free legal advice.

Josh,

Here in Houston you get free legal advice from Texas Accountants and Lawyers for the Arts.

Call them

Bill

Did they want to buy it from you or just have the right to distrubute your works? It is something that is key to think about. Do you want them to own it or do you still want to own it.?

Rob:D

Way to go Josh!

The original contract asks for everything. I told 'em they weren't getting the copyright, and I meant to tell them they wouldn't get anything else exclusively (not sure if I did, though). One of the things they wanted was merchandising rights, for Tshirts, videos, DVDS, etc. I told them they would have to pay me part of whatever they made off of those sales, and the guy said they'd never done it like that before, that it had always been a flat payment for the ancilliary rights. Now he wants a counter offer, and I have no idea what to tell him.

Josh,

Run...do not walk...to the Texas Accountants and Lawyers for the Arts.

Where is Paul Tauger when you need him? Probably in a phone booth changing into SuperLawyer!

Anyways, on a more serious note, you need to get royalties for this gem. In fact, I would love to watch it again... and again... Is it still online somewhere?

Paul should still have it on his site. I will run, but not till tomorrow, when they're open. Believe me, I want to milk it for everything I can.


By the way. . .this post went up weeks ago. . .how come everyone's just now noticing it? Maybe I live in a time warp.

The movie was up on Paul Sedillo's site before, but now it appears not to be. I tried sending it to ifilm, but when I registered with them, I could never figure out what my ID number was, so oh well.

<<<-- Originally posted by Josh Bass : By the way. . .this post went up weeks ago. . .how come everyone's just now noticing it? Maybe I live in a time warp.
-->>>

I moved it back to the top when I saw no one had replied to it after a while.

You sweet thing! If I was a woman I'd kiss you.

Oh, Josh, never say something like that before you get a good look (http://www.dvinfo.net/network/wranglers.php) at the target.

Works for me.

Wow! Ken... I knew you were an old man too... but, hanging out with a group that young always makes you look older! :)

Keith, did I ever tell you about my Sachtler Seniors tripod that converts to a walker? It's pretty cool.

And there's more than one use for a good, sturdy monopod.

Ya know... I never felt old, till the little cuties started calling me sir! OUCH!! I want a Lark with a jib arm :)

You guys had better stay on topic or I'll have to split it and place the last part in the Support/Walker/Cane Forum.

What about "Optics: Not just for cameras anymore" :)

<<<-- Originally posted by Josh Bass : The original contract asks for everything. I told 'em they weren't getting the copyright, and I meant to tell them they wouldn't get anything else exclusively (not sure if I did, though). One of the things they wanted was merchandising rights, for Tshirts, videos, DVDS, etc. I told them they would have to pay me part of whatever they made off of those sales, and the guy said they'd never done it like that before, that it had always been a flat payment for the ancilliary rights. Now he wants a counter offer, and I have no idea what to tell him. -->>>

Never give in until you get exactly what you want. Especially when you're dealing with a contract and take your time and walk through the contract so YOU understand every word. It might be fine to find someone who will help you but you are the person responsible so you need to understand it.
No matter what hang onto the copyright. I would work out a deal for % of merchandise. They are big enough now to where they can pay you a % of merchandise that is related to your animation. I would push for it. And if they say that it's not done that way. Tell them "Things change." Tell them that you deserve a % because you know it's good enough. Be a man of power and act like you dont need their business but would enjoy having them along side you to have a good relationship.

Rob:D

HEHEHE.

So I have to go all "Type A" on them. Geez. I wish I weren't such a pussy.

Josh,
Robert's advice to be firm if you feel your position is reasonable is sound. But it doesn't mean you have to knit your brow and act like a tough-guy. Actually, the most effective negotiators I've encountered are very pleasent, mild people who use insight into the other party's constraints to help lead them to a fair offer by helping them to solve their "problem".

If you don't feel confident or experienced enough to do this, consider enlisting the help of some unconcerned, but skillful, friend to negotiate for you. The introduction of a skillful 3rd party negotiator may wobble your opponents just long enough to help soften their position. Since your negotiator is not emotionally concerned with the outcome s/he can focus on the negotiation rather than the consequences of the result.

That's my holdup. I can't find an informed third party Paul Sedillo's friend knows an entertainment lawyer, so I'm trying to get ahold of this guy. . .still haven't gotten ahold of anyone from TALA

I totally understand your pain. That last post I made was suppose to be funny at the end...hehe. Anyways. I have been in negotiations with a location for sometime. They all have been great but then the contract hit and they didn't even change some small errors. It made me laugh but then I was upset that they didn't take the time to redo some of those changes that we talked about. So now I went back into the contract and rewrote a few grey areas that would present me with problems later on if they decided to add fees. I wish you luck with finding a 3rd party and I hope that Spike and Mike will be open to new ideas.


Rob:D

You and me both brother. If anyone knows anyone I can email or something. . .let me know.