VO Agreements & Contracts (sample contract in thread)
May 25, 2018 1:34:23 GMT -8
Rebekah Amber Clark, alexanderdoddy, and 1 more like this
Post by Lady Stardust ★ on May 25, 2018 1:34:23 GMT -8
IMPORTANT DISCLAIMER: I am not a lawyer and this post is not a substitute for legal advice. If you are looking to create a legally binding contract, I recommend consulting with a legal professional to make sure you cover your bases.
We've had questions from both actors and content creators on our Discord server about putting together a basic agreement they can put in place before work begins on a project. While larger companies and studios will almost always have their own contracts in place for actors to sign, working with independent clients occasionally results in the need to come up with your own. Many contract templates you may find on Google are overkill for simple indie projects, so just put what you need as it directly relates to your project.
The primary purposes of a voice recording contract are;
1) to ensure that payment will be delivered upon completion of the work,
2) to establish ownership and legal right of the client to use the recordings provided (including under what circumstances the recordings may be used), and
3) to ensure that both parties have a clear written agreement in case something goes wrong.
For the intents and purposes of this post, we are going to assume that this is a non-union contract hiring a freelance actor and there are no agents, managers or other third parties involved.
Here is a sample template that can be used as an agreement between clients/developers and voice actors:
(IMPORTANT NOTE: Please do not request editing access to this document - allowing someone to change it would result in the template being changed for everyone. To edit it for your needs, please go to File ==> Download and download in your preferred format, or save a copy to your own Google Drive and edit from there.)
- This contract is just an example, so feel free to add, delete or change things as necessary to suit the needs of your project. (Again, you may do this by going to File > Download---do not request edit access to the document)
- Please do keep in mind that this document has not been reviewed or prepared by anyone in the legal profession, so we recommend consulting with an attorney or other legal expert if you are able to do so.
- However, this can give a decent baseline for content creators or actors who are unsure how to write up an agreement.
Why do I need a contract?
A contract or other type of agreement ideally protects the interests of BOTH parties. For example:
- The actor wants assurance that the client does not intend to run off with the work without paying, and that the expectations and working conditions for the job shall be reasonable for the pay provided.
- The client wants to make sure they are getting a quality product that they will have the rights to use in their project without worrying about the actor making demands years down the line for additional payments or to their voice to be removed from the project.
What types of projects should I use a contract for?
Contracts are not necessary for unpaid hobby projects because there is no money at stake. However, for paid projects involving any significant sum of money and/or work, they are always a good idea. A contract shows, in writing, the intent of the actor to deliver the work and for the client to deliver payment for said work.
Now, if it's a small informal job with a friend or someone else you typically work closely with and trust, simply agreeing to details over e-mail may be sufficient for your needs. But if it's a larger-scale project, the contract should be a given.
Are there any red flags actors should be aware of?
YES. If you are asked to sign any sort of contract as a freelance actor or producer, make sure you read it thoroughly and feel free to bring up any questions or concerns you may have about its contents.
!! For a list of potential red flags in a contract you are asked to sign, please see the article here.
Here are some things you may wish to think about including:
- Pay rate
Rates should be clearly discussed in writing prior to starting work so that there are no surprises or discrepancies. By signing a contract, the actor is agreeing to perform the work for the project for the agreed-upon parameters, and the producer is agreeing that they are obligated to honor this payment. A deadline for delivering final payment may be established (for instance, payment will be delivered within 30 business days of services rendered / files delivered / receipt of invoice.) While upfront deposits are relatively uncommon in voice work, in the case that payment or partial payment is delivered to Actor before work commences, Actor should agree to refund this deposit in the event that they are unable to deliver the work. - Scope of work
When agreeing to a rate, it should be clear about what exactly the work entails. For example, will you do a live session recording and pay by the hour? Will the actor record independently and get paid by the line? Does the rate include editing (and if so, what constitutes "editing" on the actor's part)? For example, we recommend not requiring actors to split every line into individual files as this is outside the expected scope of work for a VO actor (it is typically handled by an audio engineer or dialogue editor) and is significantly time-consuming for large projects. But if this is required, it should be subject to an extra fee and outlined in the agreement. - Retakes/pickups
Revisions are an expected part of the process, so expectations should be clear up front as to who foots the bill for what. If something is the actor's fault (for example, they missed or misread a line in the script, or a major audio issue such as clipping renders a line unusable), the actor should agree to rerecord the fixes at no additional charge. If something is the not the actor's fault (for example, needing to rerecord due to a portion of the script being rewritten), the actor should get paid for these pickups. However, things get murky when it comes to retakes needed due to wanting a different direction on the read. For live sessions, it is assumed any redirection will be done within the session, so additional revisions after the session is complete should be paid extra. However, for independently recorded projects, you may wish to have some sort of clause stating that the actor agrees to complete a limited amount of revisions (example: up to 10 lines) to be included as part of the initial rate, with excessive revisions being paid an additional per-line or per-hour fee. - Recording & delivery timelines
Deadlines should be communicated and established at the time of booking and/or sending a script. Even if explicit deadlines are not stated in the agreement (as deadlines often change), Actor agrees to deliver the completed work by the deadline set by Producer, except in case of a personal emergency. Reasonable schedule accommodations may be considered; however, should Actor's failure to deliver the work in a timely manner cause unacceptable delays in production, Producer reserves the right to dismiss Actor's services and Actor will not be entitled to any compensation for the portion of work not completed. - Cancellations
Cover what happens in the case of the work no longer being needed (regardless of which party, if any, is at fault). Producer is not obligated to use the work provided by Actor. However, payment shall be made for all services rendered regardless of whether the work is used in final production. In the event that the project is canceled, payment will still be delivered to Actor for any portion of the work already completed. - Ownership
It is important to establish the legal right to use the recordings provided. Producer becomes the sole owner of the work and can use, modify, and release it in their project and related materials as needed, in perpetuity. Actor has no claim of ownership to or copyright of the work rendered in service to Producer. Actor may wish to have a clause stating that use of their work is limited to the scope of this project and its related materials only and Producer may not sell or reuse it for other unrelated projects without express permission. (The last portion won't always be agreed to; however, it can be helpful for there to be some kind of assurance that Actor's work will not be recycled by Producer for unrelated work without additional payment/permission, or used in unrelated work that could be considered objectionable by Actor.) - !! An important exception regarding ownership and buyouts (updated 2023):
If you can, we highly recommend including a provision in your contract that specifically excludes the right to use the recorded assets to create any sort of synthetic reproduction of the actor's voice - such as for text-to-speech or artificial intelligence algorithms. A voice actor providing assets for a project, such as a game or animation, and transferring ownership of those assets to a client to use for said project does not mean they consent to an AI replica being made of their voice. With the advancement of AI voice acting and such technology being promoted as a replacement for hiring actual voice actors, this is a very hot topic among actors who want to assure that by signing away the rights to their recordings as necessary for legal purposes, they are not signing the rights away to artificially reproduce their voice print.
---NAVA Voices (unrelated to VAC) has provided much more in-depth information related to this, including a sample rider, here:
navavoices.org/synth-ai/ - Promotion
Establish rules for whether and how Actor's name and/or likeness can be used for marketing purposes. For example, it is common to have a clause allowing the actor's name to be used in a non-derogatory manner as part of promotional materials for the project, but if the actor requests to use a pseudonym or go uncredited, their actual identity should not be publicly disclosed. While we don't recommend making social media promotion mandatory, if you require the actor to make a post about the project, consider limiting it to a single post; for example: Talent agrees to make a minimum of one (1) public social media post on [Twitter, Instagram, Facebook and/or TikTok] announcing their involvement in Production. Client may request specific assets, wording and/or links to be included, to be mutually agreed upon by both Client and Talent. - Continuity
If you plan to have sequels to a game, a second season to a series, etc down the line, you may optionally wish to include a clause that states that in the interest of project continuity, Actor agrees to make reasonable efforts to reprise their role in future installments so long as their schedule permits. (This clause usually has an expiration date, such as five years.) While you may be tempted to demand that actors agree to keep the same rate for any future installments, there are many reasons an actor may wish to renegotiate terms for a future project, and this option should be left on the table. - Non-employee
(In the event that Producer has/is a company) Actor is considered an independent contractor providing freelance creative services, and is not an employee of X company or entitled to any such claim or benefits. (In most cases, it is Actor's responsibility to pay taxes on the income received.) - Confidentiality
The nature of the work involved may require the exchange of proprietary information. Both Producer and Actor agree that such information is to remain confidential and is not to be disclosed publicly or to unrelated third parties except with permission from the other party or as where required by law. (If it is a large project that requires strict confidentiality, you may wish to include a separate Non-Disclosure Agreement, or "NDA". This basically means that the actor may not talk about working on the project or any other details related to it until they have your permission and/or it is released in the market.)
...So what happens if the agreement is breached?
Assess the severity of the offense. Problems can often be solved, or at least the damage mitigated, by communicating clearly and openly and working toward a solution. In most cases, disputes can be resolved internally between the parties---pursuing legal action against someone is costly and time-consuming, especially if a relatively small amount of money is at stake. Keep records of all communications related to the incident in case evidence is needed (for instance, if you are an actor who has a client who disappears and refuses to pay you after the work is delivered, you will have evidence of their signed contract stating that they agreed to pay you X amount by X date as well as timestamps of your e-mail communications with them where you followed up on payment.)
Got anything else that you think needs to be added? Have a sample contract template you want to share? Feel free to post it here!
This article will be updated and revisited periodically to deal with the changing landscape of the industry. As a reminder, the Internet is not a substitute for legal advice, so please consult an attorney if you wish to fully cover your bases.
All of the guides and resources on this forum are provided on a volunteer basis in the interest of free and open access to information. However, if you found them helpful, I'd love it if you buy me a coffee!
I’m a female voice actor with a High pitched, normal and robotic voice and I can also do British accents! I do murder drones and I could try any other and I can follow scripts! Send me an email if you need me! (Mahatareq09@yahoo.com)