I'm not sure about the whole english business nomenclature here, so bear with me; hopefully the message will get through
I'm about to close a partnership deal with a company creating stuff (animations, backgrounds, games etc.) for the cell phone market. The products will be distributed in China through a chinese service provider. The company in question is responsible for all customer relations and communication, I just deliver.
This could prove a lucrative deal, or a crappy one, but I'm willing to take my chances. After all, China is a hugely expanding market. As one would guess, I'm at audio detail; meaning annoying ring tones and sounds, in mp3 and midi format. Not the most artistically expressive quest to pursuit, but hey..we all do what it takes, don't we?
Anyway...since I've never confronted a written agreement such as this before, there are a few questions remaining before I sign it. I thought some of you more experienced guys could tell me if I'm being ripped off, or if it's a fair deal? I believe in the latter, but just wanna make sure!
I've tried to translate a few important parts..and here's the gist of the deal:
(Party "A" - the company, Party "B" - Me. "The material" - my delivered audio)
"Party A does not have the rights to forward the material to any other party more than necessary for the chinese market.
Party A owns the exclusive rights to sell and distribute the material in China.
The copyright on the material falls to Party A.
Party B is allowed to freely distribute and sell the material to markets other than the chinese.
Party A recieves 70% of the total income, whilst Party B recieves 30 %.
The total income being the amount of money that Party A recieves from the service provider."
So..my main concerns are the copyright issues, and my percentage of the total income. Maybe I'm just a n00b, and these numbers are standard procedure? But to me, 30% sounds a bit low (even considering I would never have had this opportunity at all without Party A).
Also, it seems a bit strange that I should not own the copyright to my material, even though I get to distribute it elsewhere if I want to. Again, I might be n00by.
Phew...hope you could stand reading all this legal crap...don't you just hate it...I sometimes wish I could go back and do work for just a pizza and a beer
Any response would be greatly appreciated!