A campaign for fair contracts
THE CREATORS' Rights Alliance - of which the NUJ is a founding member - has prepared a draft Private Members' Bill that would ensure that freelance authors and performers get fair contracts. The CRA aims to get this debated in the current session of Parliament, possibly in the Autumn.
The aims of the Bill are set out in the acronym C.R.E.A.T.O.R -
Clarity: Clear contracts, in written form, which transparently set out the exact scope of the rights granted / assigned / licensed and are promptly and transparently negotiated.
Remuneration: Fair Remuneration. Equitable and unwaivable remuneration for each use / exploitation of work, for example "bestseller clauses" so that if a work does far better than expected the creator shares in its success even if copyright was assigned.
Exploitation: An obligation of Exploitation for each mode of exploitation. Also known as the Use-it-or-Lose-it Clause.
Accounting: Fair, understandable and comprehensive Accounting clauses.
Terms: Reasonable contract Terms (for example time limited) with regular reviews where appropriate to take into account new forms of exploitation; underpinned by a reversion right where appropriate.
Ownership: Creators should be appropriately credited (including metadata) for all uses of their work; the integrity of artistic works should be respected, and the Ownership of moral rights should be unwaivable.
Reasonable: All contracts should be subject to a general test of Reasonableness including a list of defined clauses which are automatically deemed to be void and a general safeguarding provision that any provision contrary to the requirement of good faith, causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the author shall be regarded as unfair.
Please sign up to support this initiative by following the link below, and contribute arguments that you and other creators can put to parliamentarians.