Am I the last hard head left that requests no videos? I will allow all the stills you wish to shoot but no videos for free.

I will admit that I am one who came up through the ranks in the recording and TV studios. Intellectual property is something I really try to respect. There are two things wrong with free videos to me. First they have sound tracks. Those pick up not only the script and music (which should require a license for each) but secondly they also pick up the timing and delivery. Those are certainly my personal private property in a live performance. Video products are separate items and currently I have none for sale. (I get paid for TV commercials.)

Still photos take none of those things from me. (The flash will trip a slave in a stage show at times.) I am not a model.

I also make a point to tell talent buyers that I am not competing with you. Live is the only way this show is available. I do live magic shows!

Are there others out there still completely owning their shows?

Bob
Magic By Sander

Hi Bob,

Not sure if it's considered the same thing but your last line caught my attention. I was involved in two pilot projects for a weekly television series in which I was hired to be one of the main characters. The character was based on a persona I had developed and have had success with. It's what caught the producers eye. We were involved in a lot of filming at some major studios and even worked on a CD with one of the top studio recording people in my part of the world.

Here was the problem that existed for me, I was to sign a contract that stated the use of the character would be prohibited, unless I recieved the okay from the owners of the show. A bit of a dilemna as the character was one that I had created, even her costume for the show was of my own creation. I realized I was giving up too much of "Me" and would no longer be able to perform that character in my shows in the future. I decided to bow out instead. It was far from a Diva reaction as I can fully understand that the creators of the show needed to have exculsive rights (my share was 4%)but I would then be giving up a character I created. Call me stupid but being able to still "own her" was too important to me.

Anyway that's my story and I'm sticking to it! :O)

Ironically, this pilot was shown recently at a convention of new shows which Mel Gibson attended and placed second in ranks of most promising. After a two year hiatus they called me once again and asked if I would consider taking part again. A weekly kids tv show would be fantastic although the hours are long and tedious but I'm still holding out that I own my character. We'll see how it goes.

Chrystal

Chrystal,

You certainly have legal rights to any character you create. Canada is different from the USA, but I am not sure it isn't better. Talk with David Ginn and Mark Wilson. If I knew how, I would put you in touch with "Elvira". She has done a wonderful job of owning her character. An ole Mississippi boy from near here could really tell you how to do it. Jim Henson died nearly fifteen years ago but his story with the Muppets might really help you. (Incidentally, he died the week he was selling the Muppets to Disney.) He protected his characters in the UK!

You need to put the producers on written notice and with no uncertain terms that you claim total and absolute ownership of your character. You know you can publish that as a legal registered document in Canada also.

You can't afford to give your ID away!

(BTW - TV commercials pay much more than 4%. You need an agent!)

In this type contract, any control over "Time, place and manner" of appearance of your character should come at a very high price. The usual arrangement is that they just get a license for limited use of the character. They may even be offered a "right of first refusal" on your other bookings and licenses. However, the only way thy can keep you from other licensing and other products using the character is with the checkbook. This is business, not love! Let them know that fredom isn't free; send cash!

Good Luck! Get professional help.

Bob
Magic By Sander

Chrystal,

The same exact thing happened to Suzanne Sommers from what I remember. She was either approached or sued by the studio because she was performing her "Three's Company" character in Vegas (I think). They said they owned her character. She said it was hers. Big mess. (At least from what I remember.... someone please correct me if I am mistaken.)

I understand where you are coming from! However, it sounds like you should discuss this with an Intellectual Property lawyer. I know that's out of my league (my legal background is limited to watching a few episodes of Matlock year ago!).

I think Bob hits upon something that I think is a profound statement: "Live is the only way this show is available." As much as I love video (heck, I'm a producer), magic can only be appreciated to its fullest when experienced live.

I know this wasn't the point he was making, but I think many magicians forget that magic is a live, performance art. We can read about it, watch it on video or look at drawings/photos, but in the end, first hand experience is the only real way to experience magic. Ok, I'll shut up now, as I feel I'm preaching to the choir.

Great comments in this thread! I'm amazed!

Warm regards,
Scott

Hi,
Thank you both for such wonderful information! It's a bit complicated as the creators of the show developed the characters for the show and then asked for me to join them based on my character. The voice, mannerisms, laugh and nuances belong to a character that I've had...so I imagine it would get a bit tricky as to who owns what, as I'm playing one of the family members. The name of my character on the show, is one of the family members. The voice I use (a memorable one would definitely be easily recognizable as that character is what originally attracted the producers interest. (Just think of Bart Simpson for example, while my voice of my character is different it's kind of the same thing) - you associate it immediately with the character. See a bit complicated and umm no I don't sound like Bart..ha ha. If the show is picked up, as there has been interest, then I would definitely take your recommendations and see an Intellectual Property lawyer. Thanks for your input.

Scott, that was an interesting story regarding Suzzanne Summers, as I could never see anyone playing Chrissy but her. If her story resembles mine in that she played Chrissy first (or a character like her) before the show aired. Thanks for that. I'd be interested to find out what happened as a result and will probably do a search.

Bob, sorry I kind of neglected to leave out that when we attended meetings, the cast members were informed, that if the show was picked up we would be paid 12,000 per episode. Based on aprox 12-16 episodes for the first year. The 4% offered to me was a share of the profits of the show on top of that pay.

The money would be awesome and both times I've loved the experience of doing a pilot but it's more of the creators dream. For me, if it happened - great, if it didn't I still have my magic shows. For them, it's been their heart and soul for years. What I was always concerned about, as I've mentioned in my post is the worry of yes would be great if it was picked up and I'd make incredible money that first year. However, what if it doesn't make it after a few episodes and I've signed away the rights to perform that character for the future? Something that I wasn't willing to do especially as "she" is so much part of my stage persona. I was looking at the long-term repercussions for me.

Thanks again for your input and no matter what, I would definitely have a lawyer go over the contract if the pilot is picked up. I appreciated the feedback and thanks for listening.

Chrystal

Chrystal,

Suzzanne took her character to Vegas after she was dumped from the show in a dispute over pay. To my knowledge, she did not create the character pior to being cast for the show.

Lawyers are a pain, but they are most important. The investment you make when you have one review a contract prior to signing can pay (or lose( hige dividends.

If the pilot is picked up, looks like you are in the driver's seat. It's obvious you don't want to lose rights to your creation. What do the producers do if you aren't part of the package? They either create another character (which better not be a rip-off of yours), or negotiate.

I hope everything goes well for you.
David

Hi David,

Thanks for your input it was appreciated. On the recommendation of you guys I would now have a lawyer go over the contract before I sign anything. Thanks again for all the help!

Chrystal

Chrystal,

If it makes you feel better, Lucy and I discussed making DVDs this week. The opportunities are really out there right now.

Our end decision is that it is OK for some things to die with you. We decided no DVDs for a while. TV commercials belong to ad agencies. But that is a different animal. Our acts stay our acts!

Bob and Lucy Sanders
Magic By Sander