When you are collaborating on a film, television or music project, one question that continually faces artists is, “How should I be credited?” Whilst we all want that credit to make our CV’s more reputable, more importantly is the issue of who owns the copyright. In particular, who owns the rights to the script? The [...]
Like friends at your beach house in January: How charging clauses have a funny way of just turning up
We are regularly tasked with reviewing various commercial contracts, generally briefed with the sole instruction of identifying notable risks for our clients. Of late, a seemingly prevalent risk is rogue charging clauses popping up in sometimes unlikely places. A charging clause is often intended to make the beneficiary of the clause a secured creditor who [...]
What’s the first thing your lawyers do when looking over your agreement? Check that you actually have one!
A cornerstone of commercial lawyering is looking over current agreements in order to provide advice to the client on their rights and/or obligations. This often arises where a dispute is brewing or the client anticipates that one may be on the horizon. The starting point in such an analysis generally consists of the following questions: [...]
All care and no responsibility: Why unreasonable standard terms contracts might be a risk to your business
Historically, many businesses have sought to use their standard Terms and Conditions of trade (typically attached to an invoice or quote) to completely shield themselves from responsibility by incorporating clauses which heavily favour their own interests at the disadvantage of their customers or suppliers. The common logic for such an approach was that “if things [...]