Re: Intellectual Rights

The reason I'm familiar with those terms is because I've been the client who is contracting with an animation studio to create characters that would then be used by a third party organization (in this case a federal government agency). The resulting products were broadcast on PBS stations across the country and cable networks. When we were working to get these aired, it was clear that we would need to be able to furnish clear evidence of who owns the Intellectual Property (I.P.) for anything that might be trademarked in the project. We needed to be clear about who owned those rights in order to protect the brand.

But it wasn't about copyright, it was about trademarks.

We also respond to quick requests with established clients. In those cases, we still have a blanket "memorandum of agreement" that is signed before we commit equipment and personnel to a project. Sometimes the agreement is for "X amount of products" within "X amount of time". That speeds things along, since the technical and artistic details for each specific product can be handled by the Producer under the basic financial and I.P. provisions of the main agreement.

I do understand that there is a line between clarifying things with the client and burdening them - or scaring them away - with paperwork. That line is different with every client and with every vendor.

Personally, I'd rather risk losing a the job from over-communicating before I've actually put a full crew on something than have something fall through because of a lack of communication after I've already committed substantial resources to a project. Usually it's as simple as a 10-minute (or less) run through of what I think we've agreed to and asking the client if there are any follow up questions, concerns or clarifications we need to address regarding any of it.

It's just rare that I see someone post to this forum wishing they didn't have a contract with their client that spells out expectations clearly for both sides. If the contract is understood by both parties, most issues can be addressed before they ever come up. Dealing with potential misunderstandings on paper before the production starts can save time, money and client relationships.