Help with selling rights of does it work? what is the best way to do it?

Hey, I was wondering if someone could help me with something.... I made this claymation for a independed musician and she wants to use it as her official video...What I want to know is if anyone had any experience with this?... should I sell her the video?? should I get a get a percentage of profits? how should I deal with this!

Tags: claymation, legal, of, percentage, profits, rights, selling

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Don gave a great response in Chat;  I'm just pasting it in here so people can find it in the future.

  • Don Carlson

    There are several types of royalties; one is for Performance, and that is the recording. There are also Mechanical and Performing royalties. Mechanical means that the work will be copied and sold for profit. Performing means that the work will be publicly displayed.

  • oops, I mentioned one of the royalties twice

  • 10:48 AM
  • Don Carlson

    But in a way, there are two different types of performance- I was intimating that you should be paid for having created the work in the first place (using the singer-songwriter analogy)

  • 10:49 AM
  • Don Carlson

    At any rate... As the originator of the work in question, you are entitled to both Performing and Mechanical royalties (Mechanical is also known as Distribution). You just may not be able to collect either if the agreement is not in writing, especially if you have not registered a copyright for the

  • work.

  • 10:51 AM
  • Don Carlson

    But be careful; there is a way the producer can side-step the issue of paying you royalties and that is by claiming that the music video was a "work for hire". In that case, you always want to make sure what kind of work you're doing and charge a flat fee for a work-for-hire. And when doing a work-

  • Bruna Letchacovski

    we never had an agreement, I made the video just for fun and she happend to see it and love it......

  • Don Carlson

    for-hire, also be aware that you do not own it. This is why I have not been able to collect royalties for my only hit song. It was determined to be a work-for-hire, and I lost control of distribution.

  • 10:54 AM
  • Don Carlson

    Bruna- in that case, I would sell it to her outright if you do not plan to sell or pitch it elsewhere, and that would be a flat fee you'd be charging. If you still want to own the work, you have the option of sync-licensing it.. The fee you charge for that will be lower, but you will still own the

  • work.

  • Bruna Letchacovski

    thanks that is very very helpfull

  • Don Carlson


  • You're welcome.

More from chat:

  • 10:57 AM
  • Don Carlson

    To give you an example, when I made my first short film, Storytime With Pram, I was approached by MTV Italy. They paid a flat fee and it was broadcast on their channel. I had to fill out the paperwork, but because I only licensed the film to them, I still own it and can sell it later.

  • 10:58 AM
  • Bruna Letchacovski

    got it

  • I also have no idea of price, how do I determine the value of my work?

  • I never sold any of my work

  • 11:00 AM
  • Don Carlson

    Hmmm... Well, I would consider how long it took you to make it, and how much you paid for the materials

  • Bruna Letchacovski

    it was around 3 months and was 100 dollars

  • very home made

  • Don Carlson

    Then, to assure yourself a profit, double the amount and charge that.

  • However, because it took you that much time, you should also pay yourself for labor.

  • 11:04 AM
  • Don Carlson

    So you could work out a day or hourly rate, figure out how much you would have been paid if this was a work-for-hire (as it kind of becomes one if you are selling it and do not plan to keep the rights), and add the amount you've calculated for labor to the cost of materials.

  • 11:06 AM
  • Bruna Letchacovski

    is there a minimal wage for this kind of job so I have an Ideal of how much they would have paid me?

  • 11:09 AM
  • Don Carlson

    The amount to charge is not set in stone; it varies according to amount of experience and your own personal needs.t's like film budgets- they are all over the financial map.

  • As this is your first for-profit project, I would charge

  • Bruna Letchacovski

    ok! thank you so much!! you helped me a lot!

  • Don Carlson


  • Bruna Letchacovski

    thats what I was thinking about!

  • 11:13 AM
  • Me

    If it helps, the one animation I've licensed was about the scale you're describing -- a two year license for $1000

  • 11:15 AM
  • Don Carlson

    What I did to get the $600 figure is consider $100 for labor, $100 for materials and production, and then tripled it. That, at the very least, is what you should ask for. And never ask for less than you can get. You are doing skilled labor.

  • Thomas- I like how you think.

  • I've admittedly kind of always underpaid myself...

  • 11:16 AM
  • Me

    The deal was with a large-ish cable channel, though, so they could afford more than an indie musician is likely to be able to pay.

  • Don Carlson

    Oh. Well, in that case, I would want to ask for a third to compensate for the size of the business offering.

  • 11:18 AM
  • Bruna Letchacovski

    that makes sense

  • 11:20 AM
  • Don Carlson

    The one thing to remember is that the more professional experience you have, the stronger your show reel, the bigger the clients, and the more you can charge.

  • It's all related to the value you present to other people. Good luck!

  • Bruna Letchacovski

    thank you!

Thanks for the shout-out, Thomas! Feel free to quote me any time, especially if it's helpful to you or other people.

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