Six things to know before signing your next post sound contract

It’s always an exciting time when kicking off the sound mix on your project, and everyone is eager to get started. Before beginning work, there is generally a contract involved that needs to be signed which contains some basic expectations from both you and your sound team.

We’ve put together a list of common things to look for that can come up during a project, and how they can be addressed and agreed upon before work is started. This can save major headaches down the road should any issues arise. 

The following information is not meant as legal advice. Please consult with an attorney or legal professional when reviewing these types of contracts.

1. Get everything in writing

It’s important that every detail discussed is written down as a record of communication in relation to the scope of work and expectations from both parties. If anything needs to change during the project, it's best to document in writing and revisit the contract.

2. Understand the scope of work

This portion of the contract should list out the obligations of both parties in regards to source files, what sound services will be provided, the cost breakdowns and payment schedule, project timeline with start and end dates, inclusion of sound credits, and a list of the final deliverables to you. Each one of these should be reviewed in detail, as this is the layout of your entire project. 

3. New requests after the project starts

Sometimes things have to change after your project begins. Your deadline might move up due to a film festival submission, or a distributor might request additional deliverables. You should have a portion of your contract to allow for a “changed elements schedule”, which can allow the scope of work to be modified. In many cases, this can impact the budget, so talk to your sound team about costs involved.

4. Know who owns what

Intellectual property rights can be a tricky issue when it comes to sound, and each team may approach things differently. In most cases, your sound mix final deliverables are considered your exclusive property, as they were done under a ‘work for hire’ agreement.

Generally you wouldn’t have access to proprietary technology, which is anything that is specifically created through licensed third-parties tools. This includes software, file sessions, templates, presets, and sound effects libraries.

In addition, any original sound work or recordings created by your post team can be considered their property, in which they can automatically grant the use of a perpetual royalty-free license to use for the lifespan of your project. 

The post sound team may also request to use portions of your project (usually up to a time limit amount) for publicity purposes like demo reels or social media promotion.

5. Terminating an agreement

Many factors can be involved if terms of the agreement cannot be met. This can range from indefinite project holds, personal health issues, or natural disasters, which can prevent either party from fulfilling their obligations. There is usually a time frame involved in an attempt to resolve, otherwise either party should have the power to terminate the agreement given specific circumstances.

6. Final approval process

After your mix is delivered, there is generally a timeline referred to as a “deliverables review period” as to when you will need to sign off on the project’s final deliverables. If that deadline passes it's assumed that all deliverables have been accepted by the client as is and the contractor's work is done. Additional change requests could be deemed as new work. Make sure you understand what’s expected of you at the time of final delivery, so no additional surprises happen down the road.

Conclusion

Although many of the points discussed seem pretty straight forward, sometimes we don’t consider the details until a situation comes up. It’s important to be aware of what you should expect from your sound team, and what they need to expect from you. The most important thing is to ask as many questions as you can. Hopefully this article gives you some insight into some situations you may have not previously considered.

If you’d like to know more about how Enhanced Media can help tell your next story through sound, please contact us.