[Dixielandjazz] What Now?

[dingle at baldwin-net.com]

Steve barbone wrote:

>Just received a contract with the following clause:
>
>"The Artist agrees to indemnify, defend and save and hold harmless _______
>its Supervisors, Officers, Employees, Volunteers and Contractors, from and
>against, and to reimburse _______, its Supervisors, Officers, Employees,
>Volunteers, Contractors, with respect to any and all claims, demands, causes
>of action, losses, damages, liabilities, costs and expenses, including
>reasonable attorneys fees, asserted against or incurred by _______, its
>Supervisors, Officers, Employees, Volunteers, Contractors, arising out of,
>or resulting from, or occurring in connection with, the Artist's performance
>under this agreement, whether or not caused in part by the active or passive
>negligence of other fault of the party indemnified hereunder."
>
>Needless to say I am not signing off on that because it makes me responsible
>for everything that might happen whether under my control or not. e.g. If
>their sound crew electrocutes someone, I have to defend because it occurred
>"in connection" with, the Artist's performance".
>
>I told the venue to eliminate or modify that clause or get another band.
>They said wait, they'll check with their attorney to see if they can't
>modify the clause to suit me.
>
>And then, the other day, I heard a story from a fellow bandleader that a
>prospective client told him "he must be crazy if he expected to be paid to
>play music." (do we wonder where a client might get that idea?)
>
>What now? Must we insure the venues and play for free? Has anyone else
>experienced either kind of BS, or just me?
>
>Cheers,
>Steve Barbone
>
>
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>
>Steve: Not just mudic. This is standard clause contract that most major magazines send to writers and other independent contractors, and is their way of making sure that if you screw up they are off the hook for any law suits. I have refused such, and usually get a revised contract with reasonable editors who want the work I have offered -- but some publications like New York Time, Newsweek, and other major pubs will not agree -- and they also tack on that your work becomes solely theirs as a "work for hire" situation, thus grabbing off secondary rights, electronic, and even book rights. So as a result I turn down a few magazine assignmentsof this kind frequently but pick up other work with other regional or state publications with less trouble. You will see this more and more in all media contracts, music ot other. Caveat emptor -- sign at your own risk. Screwed if you do, screwed if you don't, but refusing does assure your prime AND secondary rights are preserved to yourself. If your work is good, sooner or later it will sell, and you will have secondary sales are reserved and yours to sell and license.
>
Don Ingle