Lighting design royalties

[kicknargel]

I'm designing a new work for a SMALL professional ballet company. The pay is modest--something like $350 for the design and a one-off performance. It's OK--it's good art and a fun break from my less interesting gigs.

However, I started thinking about the fact that they'll probably use this design whenever they do the piece in the future. I'm sure they won't be able to afford bring me around the country/world wherever they happen to perform, so they'll likely be asking a local LD to recreate my design, based on my paperwork, video and such.

My question is--what do you think would be appropriate to ask for (if anything) in the way of a royalty payment for using the design in the future? Should I have some kind of right of first refusal to at least consult with the local LD to make sure it looks like my design?

Anyone have experience with this kind of situation?

Thanks,

Nicholas Kargel
You Want What? Productions INC
scenic and lighting design and construction in Denver, CO

www.youwantwhatproductions.com

[Footer]

Odds are they won't be able to afford to pay you for subsequent shows. If you do request it, odds are you will get passed over. Its not unreasonable to ask, but I doubt you will get anywhere with it. Do you have a contract? Are you being billed as the designer currently?

[xander]

I don't have any experience in this personally, but if you have a contract you can put something in it about how the design is for a certain place and time only and cannot be reproduced elsewhere without your consent. But, without a contract there is nothing you can really do. You could take all of your paperwork with you after the show so they don't have a copy of it and then when they want to use it again they will have to ask you and then you can ask for compensation again. But, in my opinion, this seems like the kind of situation where you are doing this as a favor or for your own experience/gratification and is not about the money, so you might want to just let it go. Pick your battles. "Stealing" all of your paperwork back might just create some bad blood.

[kicknargel]

Yes, I'm getting the billing (assuming they're doing a program).

For some reason, it feels OK to be underpaid for a one-off, but not so much to be underpaid for work that will have some permanence. No, we don't have a contract, but I could ask for one.

It can't hurt to ask--maybe I'll ask for $50 per extra performance and explain that in consideration of that I'll provide them with good (non chicken-scratch) paperwork.

[SHARYNF]

Here is an example of a contract BUT IMO you needed to get this done BEFORE the work was done, after the fact deciding to add different terms to any agreement written or verbal in IMHO NEVER a good Idea. I'd say in the future make your arrangements before you start the work

http://www.ald.org.uk/files/ALDRider.pdf

Sharyn

[kicknargel]

Thanks for the sample contract, Sharyn. Saves me some wheel-reinventing.

BTW, the work hasn't been done yet--and I totally agree with you about that. I don't like to get too hard-nosed with these little companies, but do want to be treated fairly, of course.

[SHARYNF]

Personally I would look very carefully as to where you are in the agreement process. If they believe that they already have an agreement, going back now is not a good Idea. Asking for credit is one thing, trying to get paid is another. In addition, it gets into the sticky area of design rights vs performance rights,

If you look at the music analogy
there are publishing rights
Performing rights
and rights on the actual performance

IF you not only did the design but actually did the setup, then it is one thing, if they take your design and then hand it over to another LD at another venue and you are not including graphic visuals that you have actually designed and supplied, it will get more complex.

If I were doing a design that involved projection of images I designed and produced than that would be one thing, but if it were just the selection and positioning of instruments etc I would feel less comfortable.

Don't know where you are in your career, but having a great reference and getting credit for the design is IMHO worth a lot more than a few bucks and a disgruntled client.

Anyway just a perspective
Sharyn

[kicknargel]

Well, folks, I did ask for a contract with continuing rights, and they agreed and said it sounded perfectly fair. Of course it won't be any financial bonanza, but I think it helps respect the design as a piece of art in itself.

[icewolf08]

Originally Posted by kicknargel

Well, folks, I did ask for a contract with continuing rights, and they agreed and said it sounded perfectly fair. Of course it won't be any financial bonanza, but I think it helps respect the design as a piece of art in itself.

Good to hear that everything worked out for you!