From the course: Contracting for Creatives

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Clauses, terms, and language to look out for

Clauses, terms, and language to look out for

From the course: Contracting for Creatives

Clauses, terms, and language to look out for

- Now that we've examined the key terms and conditions of work for hire or contractor agreements, I'd like to share with you some of my personal issues, or sneaky lawyer tricks that you need to keep an eye out for. 1) Blurring the line between employee and contractor. Often, unsophisticated parties, or parties who are just sophisticated enough to understand the phrase work for hire, will write a contract that essentially treats freelancers like employees. While there's a good deal of risk here on the corporate side, contractors are often in for an unpleasant surprise when it turns out that even though the contract explicitly stated X,Y, and Z were works for hire and A,B, and C weren't, the company they did the work for now owns A, B, C, X, Y, and Z. The second issue is payment terms. Lack of penalties for late payments, specifically. And by that I mean that while a contract may stipulate that payment must be made in 30 days, I often see payment terms that don't include a penalty for…

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