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Old 09-24-2003, 01:31 AM   #3
Chris Saper Chris Saper is offline
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Heidi,

You can write a contract any way you want, as long as it is lawful and both parties understand each other and the terms they are agreeing to.

I think you should be especially careful about the fact that he wants you to be "annonymous." That he would not want to tout you, or any other artist he represents by name, sounds like a red flag. I am not sure how in the world you could get adequate source material anonymously.

You also want to be careful not to sign away your copyright, as he is suggesting you create work as "part of his team", which sounds a lot like the concept of "work for hire", where the employer retains copyright. Since the very nature of sculpture lends itself to multiple 'original' copies, some of which you may find are saleable independent of the sitter, it is a revenue avenue open to you in a way not available to painters.

I think you should ask him to see what he proposes as a contract, and then get a knowlegable legal opinion. Only then can you decide whether you are willing to accept the terms, or want to change them.

Another thing to consider is pricing. Can you afford to pay a finder's fee/ commission/etc. out of your current fee structure? When you establish a value for your work, I think it needs to be valued equally for every buyer, regardless of whether the sale is subject to a commission.

I'm glad to hear you got the jobs you auditioned for, and wish you luck.
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