I almost had something similar happen to me with music production & licensing (I was contracted to help build out an e-store library of sweet tunes and FX for Flash websites and interactive CD-ROMs, lol). It's a matter of perceived power and often some perceived norms as well.
Fortunately somebody in my family had previously warned me about...was it Winston Groom? Anyway, I read the contract and got suspicious, and saw money being redirected in all kinds of sneaky ways before it would finally trickle in the direction of the actual creator, me! I called an attorney.
The attorney was super upset about it after some review, so I ended up pushing back in the negotiations with what amounted to way too much effort. The attorney was new, but at least they were on my side...
The contract was then handed off to someone with more time on their hands to negotiate with me. This person happened to be irritated by sneaky moves in general (lucky me) so he drafted a brief, completely new letter contract on the spot, right there with both of us in the office, and I signed it immediately.
At the time this creative effort was meant to pay my rent, and to think I almost did a bunch of work for no reasonable recompense and therefore almost couldn't make rent despite hours and days and weeks spent on the project made me really angry. I still really feel for people who end up in that same kind of situation.
If you are a creator you should at the very least know your industry groups. Whether you become an official member or not.
Working in music and 3D animation more regularly a bit later on in my early career, I was surprised to find the Graphics Artist Guild Pricing and Ethical Guidelines handbook extremely helpful. It had a lot to say about contracts as well, IIRC, and the organization also put on helpful webinars on contracts even in the early 2000s.
Few things felt quite as helpful around this topic as having someone who had negotiated hundreds of contracts with the Disney Corps of the world saying to you, "you are right to ask about that, and here are some ways to negotiate those terms" or just "that's a ridiculous thing to see in a contract, strike it out and give them my number if they complain".
I'm hearing mixed thoughts on the general legality. Of course, even if it's illegal there's the practicalities of workers rarely being able to stand up for themselves, I guess outside of a union.
> I still really feel for people who end up in that same kind of situation.
But regardless, I think our systems have failed if such a contract can exist legally, or without repercussions (because you aren't breaking the law if you don't get caught)
There are some legal differences in terms of relevant laws from jurisdiction to jurisdiction. But you might be surprised by just how much of a given agreement may end up de facto legal due to a variety of practical factors.
Not the least of which is the question of whether a judge or even mediator will ever even see the terms.
At least here in California there are also unfortunately no roaming sets of contract cops meting out street-contract-justice.
Fortunately somebody in my family had previously warned me about...was it Winston Groom? Anyway, I read the contract and got suspicious, and saw money being redirected in all kinds of sneaky ways before it would finally trickle in the direction of the actual creator, me! I called an attorney.
The attorney was super upset about it after some review, so I ended up pushing back in the negotiations with what amounted to way too much effort. The attorney was new, but at least they were on my side...
The contract was then handed off to someone with more time on their hands to negotiate with me. This person happened to be irritated by sneaky moves in general (lucky me) so he drafted a brief, completely new letter contract on the spot, right there with both of us in the office, and I signed it immediately.
At the time this creative effort was meant to pay my rent, and to think I almost did a bunch of work for no reasonable recompense and therefore almost couldn't make rent despite hours and days and weeks spent on the project made me really angry. I still really feel for people who end up in that same kind of situation.
If you are a creator you should at the very least know your industry groups. Whether you become an official member or not.
Working in music and 3D animation more regularly a bit later on in my early career, I was surprised to find the Graphics Artist Guild Pricing and Ethical Guidelines handbook extremely helpful. It had a lot to say about contracts as well, IIRC, and the organization also put on helpful webinars on contracts even in the early 2000s.
Few things felt quite as helpful around this topic as having someone who had negotiated hundreds of contracts with the Disney Corps of the world saying to you, "you are right to ask about that, and here are some ways to negotiate those terms" or just "that's a ridiculous thing to see in a contract, strike it out and give them my number if they complain".