The Massachusetts Right of Publicity — Talent Contract is a legal agreement that governs the rights and obligations between a talent (individual or group) and a person/entity wishing to exploit the talent's name, likeness, voice, or other attributes for commercial purposes. This contractual arrangement ensures that the talent maintains control over their public persona and helps prevent unauthorized exploitation or misrepresentation. In Massachusetts, there are two main types of Talent Contracts that address the Right of Publicity: 1. Exclusive Talent Contract: This type of contract grants exclusive rights to a specific person/entity (e.g., a talent agency, production company) to represent and exploit the talent in various ways specified within the agreement. These may include the use of the talent's name, image, voice, endorsement, or other identifying or personal attributes for a predetermined period or in relation to specific projects or industries. 2. Non-Exclusive Talent Contract: Unlike the exclusive contract, a non-exclusive talent contract allows the talent to enter into similar agreements with multiple individuals/entities simultaneously. While still offering protection for the talent's rights of publicity, this type of contract provides more flexibility for the talent to collaborate with different parties or engage in various projects concurrently. In both types of contracts, the Massachusetts Right of Publicity — Talent Contract usually covers several essential clauses: a) Grant of Rights: This section outlines the specific rights that the talent grants to the person/entity, such as the right to use their name, likeness, voice, etc., for advertising, promotional, or commercial purposes. The contract may also define the permitted scope, duration, and territories for exploiting these rights. b) Compensation: This clause details the financial compensation structure for the talent's services. It may include upfront fees, royalties, profit-sharing, or any other agreed-upon payment arrangement. Additionally, it may address reimbursement for expenses, such as travel or accommodation, incurred by the talent during engagements related to the contract. c) Exclusivity (for exclusive contracts): This provision establishes that the talent agrees to work exclusively with the person/entity specified in the contract. It may prohibit the talent from entering into similar agreements or engaging in competitive activities during the contract's validity. d) Termination: This section outlines the circumstances that allow either party to terminate the contract before its expiration. It may include provisions related to breach of contract, non-performance, bankruptcy, or mutually agreed termination. e) Indemnification: To protect both parties, this clause specifies the responsibilities and liabilities of each party. It may include provisions for indemnifying one another against legal claims, damages, or disputes arising from the contract or its execution. f) Governing Law and Jurisdiction: This part identifies that the agreement shall be governed by the laws of Massachusetts, ensuring that any disputes or legal actions will be handled within the state's jurisdiction. In conclusion, the Massachusetts Right of Publicity — Talent Contract is an essential legal tool that safeguards the rights and interests of talents by ensuring their consent and control over the commercial use of their identity, while providing a framework for fair compensation and mutually beneficial working relationships.
Massachusetts Right of Publicity - Talent Contract
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Consultant shall make no public announcements or engage in any marketing or promotion concerning this Agreement Agreement, or the work performed hereunder without the advance written consent of Company, which consents, shall not be unreasonably withheld.
The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.
The Television Actor Agreement is an independent Television core contract. It can be used for a series lead, regular, or guest appearance. This legal document details the terms and conditions between The Production Company and The Actor.
To write effective and enforceable business contracts, you need to include a number of contract clauses. These include indemnification, force majeure, copyright, termination, warranties and disclaimers, and privacy.
This Standard Clause prevents each party from issuing press releases, making any public announcements, or communicating with the media without the consent of the other party. It includes common exceptions for legally required and other necessary disclosures.
The talent management agreement typically includes provisions regarding the scope of the artist's representation, compensation, and the length of the agreement. The scope of representation typically includes services such as negotiating contracts, managing the artist's career, and promoting the artist's work.
A Standard Clause regarding public announcements, also known as a publicity clause, used to control the dissemination of information regarding a commercial contract and its terms.