We are working with government and across industry to ensure that all contracts offer adequate protection to creators.
We want to ensure that all contracts meet the seven CREATOR principles – all of which are in use elsewhere in the world or mirror existing consumer protection rights.
“We believe that creators should be treated fairly when they sign T&C’s or contracts.”
Clarity: Clear contracts, in written form, which transparently set out the exact scope of the rights granted / assigned / licensed and are timely and transparently negotiated.
Remuneration: Fair Remuneration. Equitable and unwaivable remuneration for each use / exploitation of work, to include ‘bestseller clauses’ so that if a work does far better than expected the creator shares in its success even if copyright was assigned.
Exploitation: An obligation of Exploitation for each mode of exploitation. Also known as the Use-it-or-Lose-it Clause. This is the French model.
Accounting: Fair, understandable and proper Accounting clauses.
Terms: Reasonable contract Terms (time limits) with regular reviews where appropriate to take into account new forms of exploitation; underpinned by a reversion right where appropriate.
Ownership: Authors, including illustrators and translators, should be appropriately credited (cf metadata and ‘accurately credited somewhere’) for every use of their work; the integrity of artistic works should be respected, and moral rights should be unwaivable.
Reasonable: All contracts should be subject to a general test of Reasonableness, including a list of defined clauses which are automatically deemed to be void, and a general safeguarding provision that any provision contrary to the requirement of good faith, causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the author, shall be regarded as unfair.
You can find out more, sign up to show your support, and get more involved through the campaign website.
We are working with the Creative Rights Alliance (and other groups and organisations wanting to support creators rights) on this vital campaign. You can see everyone involved here.