From: Emile Tobenfeld (a.k.a Dr. T) (email suppressed)
Date: Mon Nov 05 2007 - 17:46:53 PST
Hi
I'm curious as to what list members do about contract boilerplate
such as that pasted at the bottom of this message.
My casual reading of the contract text is that I am liable for costs
and damages should anyone sue the exhibitor for any reason
whatsoever, valid or not. It also seems to imply that I am
responsible if I violate copyrights, etc. that haven't even been
issued yet. This seems like excessive risk for exhibition fees in the
low three figures, let alone for unpaid festival showings.
I consider the probability of being sued concerning the particular
work in question to be negligible, but much of my work includes
imagery of cityscapes which could be deemed by someone to infringe on
something.
How do other lone artistic producers on this list deal with this. I
can envision a whole range of reactions:
1. Don't read the contract at all.
2. Bite the bullet and sign the contract, because we want to get
our work seen.
3. Refuse to sign and don't get the work seen .
4. Censor the work so that it is most unlikely to offend anyone.
etc.
My guess is that most of the solo producers here opt for 1 or 2.
>
>neither the Content, nor any part thereof, nor any materials
>contained therein or
>synchronized therewith, nor the title thereof, nor the exercise or
>any right, license or
>privilege herein granted, violates or will violate, infringes or
>will infringe any trademark,
>trade name, contract, agreement, copyright (whether common law or
>statutory), patent,
>literary, artistic, dramatic, personal, private, civil or property
>right or right of privacy or
>'moral rights of author'' or any other right whatsoever, or slanders
>or libels any person,
>firm, corporation or association whatsoever.
>
>8. INDEMNITY. Content Provider shall defend, indemnify and hold
>harmless *** and its
>affiliates and their respective directors, officers, employees,
>shareholders and agents from and
>against any and all actions, proceedings, claims, liabilities,
>damages, costs and/or expenses
>(including reasonable attorney fees) arising out of or relating to
>any breach or alleged breach by
>Content Provider of the terms and conditions of this Agreement or of
>the representations and
>warranties made herein.
-- "The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function." F. Scott Fitzgerald Visit "Before the Fall -- Images of the World Trade Center" at http://www.foryourhead.com Emile Tobenfeld, Ph. D. Video Producer Image Processing Specialist Video for your HEAD! Boris FX http://www.foryourhead.com http://www.borisfx.com __________________________________________________________________ For info on FrameWorks, contact Pip Chodorov at <email suppressed>.