Industry Practice - Session 10: Sound Brief

 Industry Practice - Session 10: Contracts, Agreements and Sound Design

This week we were to do two things specifically. Firstly, research and create a sound brief for the game. Secondly, to draft a contact to use for a potential collaboration with a musician to create the games soundtrack.

Before doing this, I obviously needed the information about my game that I would tell the sound designer. I would also need benchmark games to use as references for inspiration. I used my team's sound brief as a base, and I added onto it, so the final sound brief may be different if me and my team change it.

The link to the sound brief is here.

We then looked at general contract information. Contracts are important because:

• They protect legal ownership of work and rights in public.
• Increases your understanding of business relationships and sets professional expectations.
• Avoid legal hassles and issues
• Acknowledge and legally document your work and the value of it.
• Gives yourself more opportunities for compensation through licensing etc.

Contracts are used when:

• Seeking or advertising opportunities.
• At work in a studio or freelancing.
• When collaborating on a game or other product.
• Commissioning process.

Types of contracts include:

• Employment contract
• Freelance contract
• Commission Consulation/Contract
• Terms of Collaboration
• Invoices
• NDA's
• Payment License e.g. Royalties

Understanding this, I drafted a contract detailing the terms of a hypothetical collaboration with a sound designer, as seen below. (The song names are just ideas, not the final product.)

SCOPE OF WORK

 The Freelancer will do the following for Mask Studios: A Monster Problem Original Soundtrack (OST), composed in its entirety by the Freelancer.

The full list of OST Files to deliver is:

Wake up

Strangers

Dear Doctor

Gaping

HOUND

In Jest

Pattern

We all go home

Fired

Each OST must be delivered with the file names stated above, in the following formats: ogg,

mp3, flac, wav; in high quality.

The Freelancer will also provide technical support until the end of the payment period, as

stated below in the PAYMENT section. Technical support is understood to be changes on

the files, like: conversions to another file extension, lower quality or file size, etc.

Freelancer may decline, or charge additionally for, work that Freelancer reasonably deems to be

beyond this scope of work.

DELIVERY SCHEDULE

The Freelancer agrees to share each OST file for revision in 2 stages:

The Sketch stage, with the very basic melody. There can be 1 or more versions at this stage sent

for revision, or even none if both Client and Freelancer agree to do so.

The Final stage, with the OST considered finished by the Freelancer.

The OST file will be considered ready and finished upon the Client’s approval of the Final Stage

revision.

The first OST (chosen by the Freelancer) at “sketch stage” should be delivered no later than

___________.

The deadline for completing and delivering the full scope of work is: ___________.

OWNERSHIP OF THE WORK

The Freelancer hereby grants the Client a license to use the files from the work produced under

this agreement, as follows:

This license is exclusive to be used on the Client’s product (___________), on any stores or

platforms it is released on, as well as part of any promotional material.

Work produced cannot be used or embedded on a Third Party product, unless Client grants

written permission to do so.

This license is considered fully paid up and royalty-free. License duration is perpetual and

irrevocable.

The Client is granted permission to include the OST files from the work produced inside any

Downloadable Content ("DLC"), special game bundles or deluxe versions that are sold in game

stores (Steam, Gog, Epic Games, itch.io, etc.) for any present or future platforms, including both

digital and physical versions of the Client’s product.

The Client is not allowed, however, to sell or stream the OST files from the work produced

(music album) on their own, as a separate isolated product (not bundled or included in any of

the Client’s products).

The granting of any license is conditioned on Freelancer being paid the full amount of this

agreement. Freelancer reserves all rights in the work produced under this agreement.

The Freelancer, preserving ownership rights of the work produced, is therefore allowed to

upload the OST files and generate revenue from music streaming services (Spotify, Bandcamp,

Soundcloud, etc.), being from direct album sales or ads related to it. The Client is not entitled to

perceive any revenue from these sources.

The OST files from the work produced can be published on music streaming services by the

Freelancer only after the final delivery of this contract is fulfilled.

The Freelancer is not allowed to upload or sell the files from the work produced on any game

stores that might enter conflict with any of the Client’s product or DLC.

If the Freelancer uses any sound libraries or instrument packs that require certain information to

be displayed on the Client’s product credits, the Freelancer must inform the Client.

PAYMENT SCOPE OF WORK

The Client will pay Freelancer a flat fee of ___________ (Great British Pounds).

Of the Freelancer's fee, ___________ % (___________ GBP) is due at the signing of this

agreement. Upon completion of the work, Freelancer will deliver all the required files in their

final versions and, upon reception of those files, the Client will pay the remaining ___________

% (___________ GBP). Payment is due within 10 days of receiving the files.

Payment to the Freelancer will be done by bank transfer to the following account:

___________

___________

Any amount not received by its due date will collect interest at 5% per month, or the legally

allowable maximum if this amount exceeds it.

Freelancer will be solely responsible for Freelancer's expenses in connection with this

agreement.

PROMOTION

For the purposes of promoting the Client’s product, both the Client and Freelancer agree to not

claim Content ID on video streaming platforms (Youtube, Twitch, Vimeo, etc.) as long as the

video includes gameplay, to allow content creators to monetize their videos. If the video

includes only the work produced (OST files) without any gameplay, the Freelancer is allowed to

claim Content ID to receive ad revenue.

The Freelancer can freely promote the work produced from this agreement, and is allowed to

include the Client’s company and product (Company and Product name and logo, trailer and / or

extracts from any official video, links to the game stores or the Client’s website) on the

Freelancer’s portfolio or profiles.

The Client is also allowed to promote the Freelancer and the work produced from this

agreement, as long as those promotional actions don’t infringe any points on this agreement.

The Client’s product must include the Freelancer’s name inside the Credits, with the exact name

to be chosen by the Freelancer.

CONFIDENTIAL INFORMATION

Any information supplied by one party to the other marked as Confidential must be used only

for the purposes of this agreement and must not be disclosed to other parties without the

discloser's written consent. This does not apply to information that is publicly available or that

the recipient already properly knew, developed or received independently. Confidentiality

obligations survive termination of this agreement.

The Freelancer should consider any received versions of the Client’s Product (Alpha or Beta

Builds, or the finished product) as confidential, and as such, is not allowed to distribute to Third

Parties without Client’s consent.

INDEPENDENT CONTRACTOR RELATIONSHIP

Freelancer is an independent contractor, not an employee of the Client. Freelancer is solely

responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an

independent contractor.

LIMITED WARRANTY

Freelancer warrants that no obligation to a Third Party prohibits Freelancer from entering into

this agreement, and that to Freelancer’s knowledge, work produced under this agreement will

not violate the intellectual property rights of any Third Party.

LIMITATION OF LIABILITY

Unless a result of gross negligence or willful misconduct, the liability of either party to the other

for any type of damages shall be limited to the amount of Freelancer’s total fees under this

agreement.

TERMINATION

If either party materially breaches this agreement, the non-breaching party may terminate the

agreement only by providing written notice of the breach to the breaching party. The breaching

party shall have 5 days to cure the breach after receiving such notice. If the breaching party fails

to cure the breach in that time, the agreement shall terminate and any unpaid fees will be

prorated for the portion of the work completed and delivered at the time of termination.

The above payment obligation, if any, shall survive termination.

MISCELLANEOUS

This agreement is between Mask Studios and Freelancer and neither is allowed to delegate, transfer or

assign it to a Third party without the written consent of the other.

This is the parties entire agreement on this matter, superseding all previous negotiations or

agreements. It can only be changed by mutual written consent.

Signing a copy of this agreement, physical or electronic, will have the same effect as signing an

original.

_________________________ _________________________

Client Name Freelancer Name