Freelance Friday 11: Digital Content Agreements

Hello! First off, although I know you’re here for the freelance talk, did you know I have a new book out and buy-able? ^_~

Right! Today’s post is a bit of an odd duck, being very specific. But because it’s specific, there’s less resources available for this sort of thing, so I’m hoping it’s maybe helpful, or starts discussion.

Next week, a digital pdf version of my comic Now and Then will be available, for Nottingham’s Memories of the Future project. I realized that most of my usual contract template totally didn’t work for the situation of someone else reselling my work via digital files…

So I started from scratch, drafting a short agreement while on the train heading off on holiday. And I thought, since I didn’t have anything on hand for this sort of thing, others might not either, so perhaps it would be worth sharing. Any conversation welcome here – what would you add or change?

Disclaimer: As always, this is based purely on personal experiences and approaches, and should not be considered as business advice, legal or otherwise. Any use you make of posts on this blog are entirely at your own risk.

Agreement for resale of digital content

The following shall constitute an agreement made on (date) between:

(Name), for (Organization)

(Address) / (Phone) / (Email),

Herein referred to as Reseller,

And

(Name)

(Address) / (Phone) / (Email),

Herein referred to as Author,

Concerning the following digital content files:

(files)

Herein referred to as the Content.

Section 1

1.1Author grants Reseller a limited, non-exclusive right to reproduce the Content and make it available for sale and download. This agreement is with the Reseller only, and does not apply to any third parties who may become involved with the Reseller’s business. In the event of any merger or change of ownership, Reseller agrees to remove the Content as described in Section 1.4, unless a separate agreement is created between the Author and any newly-involved parties.

1.2 Author agrees that Reseller may use third-party websites to facilitate this, provided that the terms of these third-party providers make no claims in the copyright of the work, do not grant them the right to license on the Content to other parties except on behalf of and with the permission of the Reseller (as direct sales to individual customers), and allow for the removal and deletion of content from their services. 

1.3 Reseller and Author agree that the Content will be made available for the duration of (duration) at the price of (price); and that Reseller will retain a fee of x% of the sale price (fee) for each sale. Reseller will pay to Artist the remaining x% of the sale price (remainder) for each sale, payable either within 30 days (of end of sale period) or, if sales are ongoing, quarterly in (insert preferred quarterly months) each year.

1.4 Ongoing provision: Author and Reseller may agree that Reseller will continue to make the Content available for sale after the end of (date) in an ongoing manner. In this case, Reseller agrees to remove the Content from sale within two weeks of any request from the Author to do so, with any money owing from sales to be paid at the next quarterly payment date. Additionally, the Author or Reseller may request a change to the sale price at any time beyond the end of (date); if both Reseller and Author agree to the change, Reseller will change price as requested (with Reseller receiving x% and Author receiving x% of the new price for each sale) within two weeks. If both parties do not agree on a change of price and the amount it is to be changed to, and do not agree to continue to provide the Content at the current price, then Reseller will remove the content from sale with two weeks notice from Author, with any money owing from sales to be paid at the next quarterly payment date.

Section 2:

2.1 Copyright of the work is retained in whole by the Author. This document grants only the license described in Section 1.

2.2 Reseller agrees to provide the Content to customers as-is. No changes may be made to the document without the express permission of the Author.

2.3 The Author asserts their moral right to be recognised as the Author of the work, and to be credited as such where appropriate in any description, sale or marketing of the work released by the Reseller.

Acceptance of Agreement

This agreement constitutes the entire agreement between the Reseller and the Author. Any addition or alteration requires a separate document signed by both parties. This agreement shall be construed and enforced in accordance with the laws of (wherever you are).

Reseller: (name, signature) _________________

Author: (name, signature) ________________