VO-BB - 19 YEARS OLD!

[ksaltus]

Hi, I just had a studio I've been working with for many years freak out because I wanted one of their clients to cough up another payment to me for a spot they first recorded and ran in December of 2004. My invoices always state that "use of voice is limited to one year from date on invoice". They claim I'm the only one they've ever heard of to do this. I always thought it was industry standard, except in the union where use is for 13 weeks at a time. I explained to them that if another client of the same ilk (bank, hospital, etc) wants to hire me and inquires as to whether I'm on anything in that market, I have to be able to answer them honestly. I can't say "no" and then have some old spot all of a sudden show up. So, I'm taking a poll to find out what "industry standard" is.

[Bailey]

Did your client sign anything?... did they fully understand your terms and agree to them?
_________________
"Bailey"
a.k.a. Jim Sutton
Retired... Every day is Saturday, except Sunday.
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AOVA Graduate 02/2004 ;
"Be a Voice, not an Echo."

[ksaltus]

Actually, my question isn't about this particular incident. It's about what everyone else is doing regarding broadcast use.

[Diane Maggipinto]

This has most definitely been discussed a lot on the board. Nonetheless, I tend to require that the project I voice for broadcast be used for 13 weeks ROS (run-of-schedule) as I've gotten into a pickle in the past, as have others, by failing to do so and years later (I do NOT exaggerate) I hear my voice on a project for which I was paid but failed to limit its use. And thus, that station doesn't want to use my voice since the one spot comes up every flippin' night during the newscast. Arrrgh. As for negotiating beyond the 13 weeks, it's a tough one to call without my determining how long and how often the spot will run, and on how many stations. Mis dos centavos.
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sitting at #8, though not as present as I'd like to be. Hello!

www.d3voiceworks.com

[ksaltus]

Hi Diane,
Thanks for your reply. I've been in the business a l-o-n-g time and once in a while these sticky issues come up. In doing my own research the past 24 hours, I've discovered that most studios and casting agencies work on a 13 week cycle (which has always been my experience, but just wanted to confirm it). Thus, I feel that one year's use is very generous. As you've pointed out, if there's a spot floating around with your voice on it and another client wants to use you in the same market for a competing company, you're stuck. I do feel that it's important that we, as professional VOs, have some sort of standard that we all stick to when it comes to broadcast use.
Regards,
Karen

[Frank F]

Karen,

There is a general consensus toward the "13 week" rule of thumb, however, it is not a industry standard, and will NOT hold up in court.

To protect yourself NOW, adopt a strategy which CAN and WILL hold up in court if you follow the rules (so to speak). Create or adopt a strict standard of having client's sign a contract/agrement which spells out in detail your rights and their (the client's) rights and regulations. Remember, if you have a client who is hiring you through an agency, get both the agency AND the client or it's/his/her representative to sign the contract/agreement.

Also, learn the term "buy-out" and "term". Is it a "one-year buy-out"? Or is it a "two term" agreement? And, what is a "term"?

Although a contract/agreement is not bulletproof legally, it is darn close.

Toodles

Frank F
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Be thankful for the bad things in life. They opened your eyes to the good things you weren't paying attention to before. email: thevoice@usa.com

[ksaltus]

Hi Frank,
Excellent idea. I definitely plan to be more communicative in the future. I've been working with the studio in question for 15 years (doing mostly non-broadcast work) and I ASSUMED there was a 1 year limit. Ah, the danger of assumptions. It's unfortunate (or IS it) that everything has to be spelled out. But then, not every studio or client has experience in the broadcast sector, and many folks just don't understand this stuff. All in all, I prefer doing non-broadcast stuff - it usually pays better and there's not all this bother of keeping track of what's running where.

[anthonyVO]

[ksaltus]

I've been doing this for 26 years (full time since 1993) and the only time I've had to sue someone was when he didn't pay (and it didn't do me any good because he had filed for bankruptcy and left town). I've found that most people are honest and those who I don't feel comfortable working with, I choose not to work with again.

[anthonyVO]

True - most people are honest.

Welcome to the board, Karen.

-Anthony

[Edo]

The only thing I can think of reading this topic is... the term REPEAT FEE wasn't invented for no reason My clients sure know their do's and dont's when it comes to being VERY CLEAR about what they're buying and exactly for how long. But it is only YOU that has to be very clear... general terms of delivery, stating those specifics or limitations on your invoices etcetera, blah, blah...

For instance, national TV ads have a much higher 'repeat fee tempo', i.e. those spots run shorter periods of time. Campaign was (for instance) meant to run 3 months. Then they can't use it after that unless they notify me and pay an additional amount of cold hard euros. In radio we charge 50-80 percent after a stated time of use. This usually is either when they air a spot after a year (or so), or when they do a re-cut using snippets of what you had been VO-ing on a previous occasion.

Regards from The Netherlands,

Edo