Trap
What you're missing in contracts without even realizing it
I often get asked by colleagues if I’ll give their contracts a second set of eyes...which, I always say ‘yes’ to while constantly reminding them that I am not a lawyer and cannot legally advise anyone…however, I’ve seen my fair share of shit and I can usually spot things that are……….let’s just say, things I wouldn’t agree to.
Recently I saw one that on the surface, looked totally fine.
Big brand name. Polished legal formatting. The kind of thing you might skim through, sign, and think, Cool, I’m official.
But a closer read?
It was a minefield.
So today, let’s talk about the fine print that can quietly erase your rights as a performer and how to spot it before it owns you.
1. The “Forever and Ever” clause
You know the phrase “in perpetuity throughout the universe”? This is EVERYWHERE now and it’s not just dramatic lawyer poetry. It’s a sneaky way of saying:
We can use your work, your voice, your likeness, forever, even in technology that doesn’t exist yet.
That means your performance could show up in an AI-generated ad, a virtual reality campaign, or a future film remix and you’d never see another dime. This is NOT OKAY. This is legalese for selling your freakin’ soul.
2. The “Name and Likeness” grab
Buried in the paperwork for this contract I looked over yesterday, was permission for the company to use the performer’s name, image, voice, signature, and biography in any promotion or merchandise. And no no, not JUST for this project for anything they create later.
That means your face or your voice could endorse something you don’t believe in.
No approval. No payment. No control. If you EVER see this, you should ask to amend this to “limit likeness use to the specific project and its direct promotion only.”
3. The “Work for Hire” statement
“Work for hire” sounds harmless, but it’s a legal phrase that means the company owns everything, not you. Which, really, is in every contract I have ever seen. Fine. But if they combine that with “in perpetuity,” you’re handing over full creative ownership and the ability for them to repurpose your work indefinitely.
If you’re not being paid a full buyout rate, don’t sign a full buyout clause.
4. The “Moral Rights Waiver”
This one’s wild. Like WILD. This means the company can alter, remix, or distort your work however they want, even if it makes you look ridiculous or damages your reputation. You’re literally waiving the right to say, “Hey, please don’t deepfake my voice into something offensive.”
Here’s my bottom line with this: If the clause says “waive moral rights,” pause. Ask questions. Get clarity.
5. The “Unpaid Promo” trap
This one I just can’t wrap my mind around. It’s not the first time I’ve seen it included, but it’s the first time I’ve seen it where the appearances were mandatory. In this particular contract, it had a requirement for them to make publicity appearances or participate in “mandatory marketing activities”………. for free.
When you sign something like this, suddenly you’re working extra hours including press, behind-the-scenes footage, and interviews with zero compensation.
Remember kiddos, you’re not a volunteer. You’re a professional.
6. The “We Can Sell You, You Can’t Sell You” thingamajig
Producers often keep the right to assign your contract to anyone else but you can’t. I get it. Sometimes studios sell their packages to big brands and that makes total sense. Because of that, your work might end up owned by a totally different company, with a totally different agenda…but you’ll have no say in that. So when you sign this, just know that that’s a possibility. You could try to ask about getting written consent, but it’s a weird circumstantial thing. Again, I’m not a lawyer.
And lastly, 7. The AI loophole
Even if AI isn’t mentioned, that phrase again, “all media now known or hereafter devised” automatically covers it. That’s legal shorthand for we can train a model of your voice or face later if we want.
Yes, have them sign an AI rider. But I would also add, “Use of AI-generated likeness or synthetic voice replication is expressly prohibited without written consent and additional compensation.”
So what is “standard” and what is “sketchy”?
When the clause is “Work for hire”, the standard is you’re paid a high-rate, with one-time usage. It’s sketchy when there’s no clear buyout or future-use limit.
When the clause is “Likeness Use”, the standard is that it’s limited to project promo. It’s sketchy when it’s for all future projects or merch.
When the clause is “In perpetuity”, the standard is when it’s for distribution only. It’s sketchy when it’s paired with ownership of your likeness.
So, really…
Contracts aren’t scary, they’re strategy. But only if you read them before your excitement signs the dotted line. Remember, if you’re a creative, you are the product.
Your voice, your face, your energy…those are assets. And you don’t hand over assets without knowing what they’re worth. Because in this business, ownership is everything. Protect your voice. Protect your likeness. Protect your future.
The next time a contract hits your inbox, highlight every use of the words perpetuity, universe, exclusive, AI, or work for hire. If you see two or more in the same paragraph, call your lawyer.
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All excellent information!
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