TeffiniWynn
Member
Posts: 24
I Am A(n): Creator/Producer, Writer, Game Developer, Hobbyist Voice Actor
Pronouns: she/her
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Post by TeffiniWynn on Aug 28, 2017 6:18:15 GMT -8
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Post by Lady Stardust ★ on Sept 4, 2017 20:55:17 GMT -8
Hmm, others are certainly welcome to chime in on this, but I think that especially for indie games, the simpler the contract, the better. I once had to sign a TWENTY-FIVE PAGE CONTRACT for an app...and half the points were in such technical terms that it was confusing. Now obviously, this is not intended to be any sort of legal advice as I'm not experienced in that field, but here are a few points that you might want to include as they seem pretty standard in VA contracts: - Outline the compensation offered, as specifically as possible, and include whether or not that compensation covers revisions. For instance, something like "Talent will be paid an agreed-upon sum of $200 USD total for the role, to be delivered via PayPal within 10 days of completion of the job. Should revisions be necessary on Talent's part for instances such as a mispronounced word or misspoken line, technical/quality errors, or inconsistent vocal quality, Talent agrees to perform such revisions within a reasonable time frame as part of the lump sum. However, should revisions be necessary on Producer's part due to factors such as script and character changes, Producer agrees to pay Talent an additional sum of $5 USD per revised line."
- This is a work-for-hire agreement and does not constitute an offer of employment; Talent is considered an independent contractor and is solely responsible for paying any taxes on the compensation received.
- Producer will own the rights to all the voice files and may use them for any instance either in the game itself or in promotion of it (AKA, voice talent is not entitled to additional compensation or usage fees beyond the initial agreed-upon payment.) The voice files may be edited as needed and Producer is not obligated to use any/all voice clips in the final product. (basically this covers your ass in case you end up needing to recast for whatever reason after the fact or cutting that character out of the game - but the talent will get paid for the work regardless whether used or not.) These points are also very common in contracts I've seen.
- Address what will happen if the VA disappears without completing the work - for instance, "Talent agrees to provide completed files by the stated deadline, and inform Producer as soon as possible if unable to meet deadline. Producer agrees to make reasonable effort to accommodate extensions due to illness or emergency on Talent's side. However, if a period of seven days passes after deadline with no e-mail communication from Talent, or extensions go beyond what is deemed a reasonable time period, Talent agrees to forfeit the role and therefore the compensation for such, and Producer is obligated to inform Talent in writing of this decision."
- You may wish to include a Confidentiality clause stating that the talent may not disclose confidential information about the project until that information is officially released in the market. Some confidentiality clauses also prohibit either side from publicly disclosing terms of contract such as payment.
- State that you will reserve the right to use Talent's name and any other supplied promotional materials for the purposes of promoting the project, but agree not to use it to misrepresent them in any way. You may also wish to include a clause for actors who wish to go uncredited stating that you will not release their name or other identifying information.
- If you expect there to be sequels down the line, you may wish to include a clause that states that Talent will make reasonable efforts to ensure their availability and willingness to reprise their role if requested with advance notice by Producer. (basically making a clause that encourages the actor to reprise their role if reasonable/possible given their schedule)
Now, if you think some of these are unnecessary, that's completely fine too - a large company would likely have much more potential for liability/contract issues than someone making an indie game. You can always ask your talent for their input when you send contracts, as in "Please fill out and sign the attached agreement. However, if there is anything in the contract that you feel needs to be added or changed, I am open to discussion." Also, I'm sure this goes without saying but both you and the talent need to sign the agreement as a contract is supposed to protect both parties involved rather than just one.
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TeffiniWynn
Member
Posts: 24
I Am A(n): Creator/Producer, Writer, Game Developer, Hobbyist Voice Actor
Pronouns: she/her
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Post by TeffiniWynn on Sept 7, 2017 10:06:40 GMT -8
Oh, that's good stuff! Intertwined many of your points with what I had before.
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