Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
The crew member in this form is an independent contractor rather than an employee. An independent contractor is a person who performs services for another person under an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
New York Contract Between Video Production Company and Production Crew Member Introduction: A contract between a video production company and a production crew member is crucial to establish a clear understanding of the rights, responsibilities, and obligations of both parties. In New York, there are various types of contracts that can be used depending on the specific nature of the project and the roles of the crew members involved. Below, we will outline the key components typically found in a New York Contract Between Video Production Company and Production Crew Member. 1. Job Description: The contract should begin with a detailed job description outlining the specific role and responsibilities of the production crew member. This could include positions such as Director of Photography, Camera Operator, Sound Technician, Production Assistant, or any other relevant role. 2. Compensation and Payment Terms: The contract must clearly state the agreed-upon compensation for the crew member's services. This may be an hourly, daily, or project-based rate, including any applicable overtime charges. Payment terms, such as when and how the crew member will be paid, should also be outlined. 3. Project Schedule: The production schedule should be clearly defined, including the dates of pre-production, shooting, and post-production. It's essential to mention the expected working hours and any potential overtime requirements. The agreement may also include any anticipated delays or changes that may impact the schedule. 4. Intellectual Property Rights: Specify the ownership and use of intellectual property created during the project. This includes footage, images, music, or any other content developed by the crew member during their services. Outline whether the production company will have exclusive rights or if the crew member will retain any ownership or usage rights. 5. Confidentiality and Non-Disclosure: The contract should address the confidentiality obligations of the crew member regarding the project. This ensures that sensitive information, trade secrets, or intellectual property developed during the project remains protected and not disclosed to third parties without consent. 6. Equipment and Materials: If the crew member is using their own equipment for the production, the contract should clearly state the ownership, liability, and insurance responsibilities concerning the equipment. It should also address any specific materials or supplies provided by the production company. 7. Termination Clause: Include a termination clause specifying the conditions under which either party can terminate the agreement. This may include breaches of contract, non-performance, or other relevant factors. Outline any notice periods required for termination and the consequences of early termination. 8. Indemnification and Liability: It is crucial to include an indemnification clause to protect both parties from legal claims arising from third-party damages, injuries, or copyright infringements related to the services provided. Specify the limits of liability and relevant insurance coverage expected from the crew member. Types of New York Contracts Between Video Production Company and Production Crew Member: 1. Independent Contractor Agreement: This type of contract is suitable for production crew members who are hired as independent contractors. It outlines the work relationship as non-employee status and clarifies the crew member's responsibility for taxes, insurance, and any necessary licenses or permits. 2. Work-for-Hire Agreement: A work-for-hire agreement explicitly states that the production company will own all the copyrights and intellectual property rights of the work produced. This type of contract is often used when the crew member is creating original content as a part of their role. In conclusion, a New York Contract Between Video Production Company and Production Crew Member is essential to establish a clear understanding of job responsibilities, compensation, intellectual property rights, and other critical aspects of the working relationship. By using the appropriate type of contract, both parties can protect their interests and ensure a smooth production process.
