Sign up to support #fairterms for creators today
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As an individual, you can sign up to support the campaign by signing the petition below.
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As an organisation, you can sign up to support the campaign by using the contact form on the 'who we are' page.
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This petition is managed by the Incorporated Society of Musicians (ism.org). The personal information you have provided within this petition will only be used in connection with the administration of the petition and to contact you regarding this campaign and other related matters. This information will be held and stored securely. Our privacy policy and contact details are available at www.ism.org/privacy_policy.
What are fair terms?
Clarity: Clear contracts, in written form, which transparently set out the exact scope of the rights granted / assigned / licensed and are promptly and transparently negotiated.
Remuneration: Fair Remuneration. Equitable and unwaivable remuneration for each use / exploitation of work, for example ‘bestseller clauses’ so that if a work does far better than expected the creator shares in its success even if copyright was assigned.
Exploitation: An obligation of Exploitation for each mode of exploitation. Also known as the Use-it-or-Lose-it Clause.
Accounting: Fair, understandable and comprehensive Accounting clauses.
Terms: Reasonable contract Terms (for example time limited) with regular reviews where appropriate to take into account new forms of exploitation; underpinned by a reversion right where appropriate.
Ownership: Creators should be appropriately credited (including metadata) for all uses of their work; the integrity of artistic works should be respected, and the Ownership of moral rights should be unwaivable.
Reasonable: All contracts should be subject to a general test of Reasonableness including a list of defined clauses which are automatically deemed to be void and a general safeguarding provision that any provision contrary to the requirement of good faith, causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the author shall be regarded as unfair.
Clarity: Clear contracts, in written form, which transparently set out the exact scope of the rights granted / assigned / licensed and are promptly and transparently negotiated.
Remuneration: Fair Remuneration. Equitable and unwaivable remuneration for each use / exploitation of work, for example ‘bestseller clauses’ so that if a work does far better than expected the creator shares in its success even if copyright was assigned.
Exploitation: An obligation of Exploitation for each mode of exploitation. Also known as the Use-it-or-Lose-it Clause.
Accounting: Fair, understandable and comprehensive Accounting clauses.
Terms: Reasonable contract Terms (for example time limited) with regular reviews where appropriate to take into account new forms of exploitation; underpinned by a reversion right where appropriate.
Ownership: Creators should be appropriately credited (including metadata) for all uses of their work; the integrity of artistic works should be respected, and the Ownership of moral rights should be unwaivable.
Reasonable: All contracts should be subject to a general test of Reasonableness including a list of defined clauses which are automatically deemed to be void and a general safeguarding provision that any provision contrary to the requirement of good faith, causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the author shall be regarded as unfair.
