Hello everyone,
I did a quick cursory search for this to make sure no one had asked a similar question but couldn't find anything. Still, in case I missed it and this has been answered before, I do apologize.
I've been a freelance composer for games and film for the last couple years. Recently, I've had someone contact me wanting to use an existing piece of music I had composed awhile back. They sent a typical release form and I had no problem sending it along. There was also talk of doing some additional work on the project, which I was open to. The director provided me with an NDA to sign before wanting to share any sensitive details. I've signed several before and have no problem with them. I understand people want to protect their stuff. No big deal.
However, this particular agreement had a clause at the end which I've never encountered before labeled a non-circumvention agreement. I did some research on it. If anyone has any other light to shed on this please do, but from what I've found, it's typically used in a lot of business contracts and partnerships to prevent either party from using names of business contacts or suppliers, then going behind the other party's back and "circumventing" them to strike your own deals, etc.
This is something I can completely understand and see its purpose in the business world. I can even see where this would be something a director/producer relationship may require. However, for my position as a composer, I'm not quite sure how this would apply to me and why. I can't give away exact details as specified by the contract, but basically this paragraph in the NDA states that any contact I make through him (the director) is to be considered his "referral" and I am not allowed to do work with any of them. The length specified for this restriction is obscenely long. It seems several non-circumvention contracts I was able to look up in my research lasted for about 2 - 5 years. Let's just say with the time specified in this particular clause, the chances that I'll be dead by the time it expires are quite high.
So, by signing this agreement, it seems to me I would be nixing every contact I make on this project. Let's say 5 years down the road a producer I met through him on this project wanted to get together and work on something completely new and he wanted me to do the music. It appears this contract would not allow for that as the producer was a referral or contact I met through this director. I'm just wondering if anyone has ever encountered anything of this nature. I'll be discussing this with him shortly and I'm already pretty much dead set against signing that. I'm just looking to see if anyone has any other light they can shed on the subject to help inform me.
Working in the indie market, one of the most precious things is making and establishing new contacts. Especially when working for reduced fees. Cutting off the potential future chance to work with people I meet through this director just doesn't seem like a tradeoff that's worth it. Again, if anyone has anything to add to this, I'd be very grateful for the insights. I'll also be glad to answer any questions within reason. I can't share the exact dialogue of the contract though.
Thanks so much!
Darren
I did a quick cursory search for this to make sure no one had asked a similar question but couldn't find anything. Still, in case I missed it and this has been answered before, I do apologize.
I've been a freelance composer for games and film for the last couple years. Recently, I've had someone contact me wanting to use an existing piece of music I had composed awhile back. They sent a typical release form and I had no problem sending it along. There was also talk of doing some additional work on the project, which I was open to. The director provided me with an NDA to sign before wanting to share any sensitive details. I've signed several before and have no problem with them. I understand people want to protect their stuff. No big deal.
However, this particular agreement had a clause at the end which I've never encountered before labeled a non-circumvention agreement. I did some research on it. If anyone has any other light to shed on this please do, but from what I've found, it's typically used in a lot of business contracts and partnerships to prevent either party from using names of business contacts or suppliers, then going behind the other party's back and "circumventing" them to strike your own deals, etc.
This is something I can completely understand and see its purpose in the business world. I can even see where this would be something a director/producer relationship may require. However, for my position as a composer, I'm not quite sure how this would apply to me and why. I can't give away exact details as specified by the contract, but basically this paragraph in the NDA states that any contact I make through him (the director) is to be considered his "referral" and I am not allowed to do work with any of them. The length specified for this restriction is obscenely long. It seems several non-circumvention contracts I was able to look up in my research lasted for about 2 - 5 years. Let's just say with the time specified in this particular clause, the chances that I'll be dead by the time it expires are quite high.
So, by signing this agreement, it seems to me I would be nixing every contact I make on this project. Let's say 5 years down the road a producer I met through him on this project wanted to get together and work on something completely new and he wanted me to do the music. It appears this contract would not allow for that as the producer was a referral or contact I met through this director. I'm just wondering if anyone has ever encountered anything of this nature. I'll be discussing this with him shortly and I'm already pretty much dead set against signing that. I'm just looking to see if anyone has any other light they can shed on the subject to help inform me.
Working in the indie market, one of the most precious things is making and establishing new contacts. Especially when working for reduced fees. Cutting off the potential future chance to work with people I meet through this director just doesn't seem like a tradeoff that's worth it. Again, if anyone has anything to add to this, I'd be very grateful for the insights. I'll also be glad to answer any questions within reason. I can't share the exact dialogue of the contract though.
Thanks so much!
Darren
