Fair Terms for Creators

We are all creators, from the photos we upload to Facebook through to music we perform and stories we write.

There is an inequality of bargaining power between individual creators and those who exploit their work - including platforms - and consequently, creators’ work is undervalued.

We believe that creators should be treated fairly when they sign contracts - whether it is the terms and conditions of a media platform or the standard contract offered to artists by galleries, record labels and platforms.

That is why we have come together as unions, trade bodies and representatives of creators to call for fair terms for creators.

What are fair terms?

We believe that there are seven areas of contract terms which need to be protected so that all creators, including members of the public, are protected when they sign a contract. These seven areas form the acronym CREATOR. They are all already in use elsewhere in the world or mirror existing consumer protection rights.

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.

To learn more please visit www.fairtermsforcreators.org/

Illustration by Mick Marston