What if my work will be resold?

(4 posts)
  • Started 2 years ago by Milmonster
  • Latest reply from jerronsmith

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  1. Milmonster
    Member

    Hi I am new to this forum,  I have a small videography business.  I am bidding a job that is fairly straight forward.  An annual business meeting, there will be series of presenters.  I came up with my usual fee, but there is a possibility that the company I do this for will re-sale my work on their website as part of an online training/continuing education program.  Is that something that we should charge more for, percentage of sales...  does anyone have any experience with a similar situation?

    to give you an idea. I was going to bid the project at around $1,500.  Other videos on this continuing education part of the company web site range from $50-$300 that fee gives the view a few months to view and re-view the material

    any advice in this regard would be great

    thank you

    Posted 2 years ago #
  2. SteveMann
    Member

    If it is "work for hire", then the employer owns all rights to the work.  If you want residuals, then it has to be in your original sales agreement.

    Posted 2 years ago #
  3. Milmonster
    Member

     Thanks SteveMann, I desided to make no adjustment to my fee.

    Posted 2 years ago #
  4. jerronsmith
    Moderator

    Depending on the state, "work for hire" may or may not apply to freelancers, contractors, and in general it does not apply when contracting an outside company for creative services. "Work for hire", in general applies only to product that is created as part of the normal performance of an individuals job functions. So if you own a company that shoots and edits video for clients the work that your employees do for you wound be considered work for hire, but the final project that you produce for a client would usually not be.

    But, like I said the law varies from state to state. This is why a contract is so important.

    Jerron Smith
    Editor-Animator-Educator
    blog: http://www.thepixelsmith.blogspot.com
    Posted 2 years ago #

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