Royal percent question.
Dallas, TX
Viewed 34 times.
Posted 5 months ago in Entertainment
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I have signed an agreement with a major network for filming of me and my animal. I signed it for 0.00. to me. But now I'm thinking I should ask them to revise it and ask for a royalty percent. I don't want to blow my chances as they are due to be here in Texas on monday, June 22nd. They can sell the footage and photos to media and others as well as merhandise, which I get nothing for??? I signed it in haste and that was a mistake. How should I ask them to revise it on such short notice and what percertage is fair. thank you very much Rebcca
Answers (3)Pamela Koslyn
This attorney is licensed in California.
Posted 5 months ago.
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It seems very unlikely that you can renegotiate this contract at the last minute, and also unlikely that you get a percentage of anything. You may be able to get a very small flat fee, some free craft services (food), and some free hair and makeup. The network will definitely want to own the footage and use it however they want, in perpetuity. If you are filmed at your house, you can probably get them to pay you a fee for the use of your house. You have very little bargaining power here, as people seem to be willing to do practically anything in order to get on TV.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Mark B Saku
This attorney is licensed in Washington.
Posted 5 months ago.
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I mostly agree with Ms. Koslyn, there is probably nothing you can do now that the agreement is signed. Still, you want to get into the habit of consulting a lawyer to review your contracts/agreements. Even after signing, it may prove helpful to see what he/she can do. One-sided agreements can be declared void due to "lack of consideration." Consideration under the law is: some value given in exchange for a promise. Most contracts have a standard sentence that states something like: "For consideration of $1.00 and the mutual promises and covenants herein, the parties agree to the following..." This is done so that a party acquiring full ownership over property/materials can say that the seller received something in exchange.
Lack of consideration is a defense to breach of contract. So you would need to breach, (or cancel the filming), and the network would have to sue, for you to use this defense. You could also have a lawyer try to negotiate some value into the contract to protect the network from (possibly) losing their ownership interest in the materials. Keep in mind this is a rarely used legal defense, and it rarely works. The network can argue that you are getting intangible value from the promotion of you and your animal. The end result in using this strategy (before or after breach) could be that the network walks and you get nothing. But, if you have nothing to lose, I'd consult an attorney licensed in the state of jurisdiction (TX, or wherever, see if the contract speaks to this). DISCLAIMER: Please note that this answer does not constitute legal advice and does not create an attorney-client relationship with myself or Saku Collins, PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises. Laura Mcfarland-Taylor
This attorney is licensed in Illinois.
Posted 5 months ago.
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I agree with the previous posters - it's too late now to re-negotiate, but you may want to have an attorney review the contract.
But only you can answer this question: are you willing to lose the opportunity?
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