Beyond the Template: Custom Contracts for Surface Designers
In the world of surface design, where each design tells a story, the business side can seem like a foreign landscape, particularly when it comes to legal documentation.
This story about Ava might be made up but it reflects what we see in the law all the time.
So imagine that Ava is a surface designer known for her captivating floral patterns. She gets a new job and buys a legal template without seeking personalised legal advice.
The exciting design opportunity is with Bloom Textiles, a company that admired her work and wanted to incorporate her designs into their new home décor line. The collaboration was promising, built on shared enthusiasm and mutual respect for each other’s work. However, the decision to use a generic collaboration agreement template found online marked the beginning of unforeseen complications.
The template’s copyright clause, vague and non-specific, failed to protect Ava’s intellectual property rights fully. It didn’t explicitly state that Ava retained the rights to her designs outside Bloom Textiles’ specific usage. This oversight became an issue when Ava discovered her designs being used beyond the agreed context, including in Bloom Textiles’ promotional materials, without her consent.
Furthermore, the template did not adequately address how many revisions Ava would provide within her quoted fee.
As Bloom Textiles began requesting more changes, the lack of clarity led to increased tensions. Ava found herself overworked, compromising her personal time and growing increasingly frustrated with the arrangement. The absence of a clear limitation on the number of revisions included in the fee contributed to project delays and strained the relationship between Ava and Bloom Textiles.
The funny thing is that the legal template was not legally flawed in any way. Yet, it failed to encapsulate Ava’s typical operational procedures, leading to inconsistencies and misunderstandings. The once-promising collaboration soured. Both parties ended up in a legal dispute that could have been avoided with tailored legal advice and changes made to the template at the outset.
This scenario highlights the importance of customising legal documents to suit the unique needs of surface design businesses. Legal advice would have also safeguarded Ava’s intellectual property and established clear expectations about the number of changes to the design that she would do.
Ava’s story is a practical reminder of the limitations of generic templates in the surface design industry. While they may appear convenient and cost-effective, they often fail to capture the nuances of the industry and the specific needs of individual businesses. This oversight can lead to significant vulnerabilities, such as unprotected intellectual property, operational inconsistencies, and legal disputes.
Getting legal advice it seems will not only lower your risk but it also provides an opportunity for legal education, helping designers understand how the law applies to their business and tackle legal issues.
Starting with a template as a base is great. You have to start somewhere and most templates are well thought out. But there can never be a one size fits all as everyone works differently and business are different.
Ava’s experience serves as an example of the dangers of relying on off-the-shelf legal templates without considering the specific legal and operational needs of a surface design business. You can never go past personalised legal advice and customised documents to protect your copyright, get fair compensation and clarity in business operations. Sharon Givoni Consulting “turns legalese into legal ease” (as our trade mark goes), to safeguard your creative endeavours and business needs.
Disclaimer
Please note that the information provided above serves as a guide only and is not intended to be legal advice.
About the Author
Sharon Givoni, with over 25 years of experience practicing in the realm of intellectual property, marketing law, commercial law and privacy law, brings a wealth of knowledge and practical solutions tailored to your business needs. Stay tuned for the release of Sharon’s templates, which will be available for purchase soon. These templates, coupled with personalised legal advice, in one affordable package, will ensure that your business not only benefits from Sharon’s extensive expertise but also secures peace of mind knowing you are well-covered in these critical areas.
NEXT ZOOM MEET
Topic: What AI means to the Surface Designer with Sharon Givoni and Rachael King
Time: Mar 27, 2024 04:30 PM Canberra, Sydney, Melbourne / 03:30 PM Brisbane
Join Zoom Meeting
https://us06web.zoom.us/j/73386151717?pwd=E9C5q0MLbFHe9ZEkAJVDoOM4fBoAAG.1
Meeting ID: 733 8615 1717
Passcode: 8HGzQp
—
One tap mobile
+61861193900,,73386151717#,,,,*040933# Australia
+61871501149,,73386151717#,,,,*040933# Australia
—
Dial by your location
• +61 8 6119 3900 Australia
• +61 8 7150 1149 Australia
• +61 2 8015 6011 Australia
• +61 3 7018 2005 Australia
• +61 7 3185 3730 Australia
Meeting ID: 733 8615 1717
Passcode: 040933
Find your local number: https://us06web.zoom.us/u/kx3SupGY9
