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Starrpower Inner circle 4070 Posts |
How many of you insist/require/contract that your name be used? I hate running into the "magician!" advertisement. I have been working at one restaurant for over 8 years, and they still write "Tableside magic" on their promo (when they bother at all!) without my name! Sure, I talk to them about it, but they have other things on their mind, or don't deem it to be important (imagine that. They pay to have me there, but fail to recognize my name value in the comunity.) Fortunately, I provided them with the posters, so my image and name hangs on their wall, but wihtout that ...
As for other public events, I require my name be used for any charity work I do, and on ALL their advertising. No mention of me by name, no magic show. I have yet to get that firm with my paying customers, however. Comments? |
Jim Snack Inner circle 1338 Posts |
That's a good question.
When I was Director of Marketing for a 3000 seat theater that brought in Las Vegas style acts and road shows I saw in all the contracts for major acts a clause about billing, with specific stipulations about wording, point size, and whether anyone could be billed above them on billboards or in print. When you are a major act, you can command that kind of attention to detail. For most of us however, while we can stipulate it in a contract and remind the client, the reality is that if the client forgets, what are you going to do? Walk? I don't think we have that kind of clout. I suppose you could include a penalty in the contract. For example, when negotiating the deal offer a discount in exchange for certain promotional activities and publicity on their part, clearly spelling out what they must do to earn the discount. If they fail to deliver, then your "full fee" is due. That way they know up front what happens if they don't hold up their end of the deal regarding publicity. |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
In my contract I clearly have a section on billing and advertising that covers how I am to be mentioned in any form of advertising etc. This is sent to them to sign and send back a copy to me. It is made very clear about how they are to handle it.
However, I also make it as easy on them as I possibly can by supplying them with a total advertising and promo packet I send to them. In this I send posters, postcards, photos (8 by 10s) for newspaper ads etc, a bio for use in advertising or for ideas for using in programs. I also send them my FULL logo usage sheet. This is a sheet that has my logos in color and black and white and in different scales. It is for them to be able to use in any form of advertising or newspaper or programs they decide to do on their own. As an artist and designer, I also give them the option of having me design the entertainment materials that they need. This solves a direct need of theirs and I can build the relationship with the client and insure that I get proper billing every time. Another great Idea I do at all my shows and festival performances is to have my logo on a sign that Velcros to my roll on table front. This way any pictures taken by anyone or any news crew or TV spots gets my name and logo in every single shot. It has worked great for the festivals this past season and does not take away from my performance or cause a hindrance of any kind. Hope this may give some ideas to others. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
JoeJoe Inner circle Myrtle Beach 1915 Posts |
I think you should go over the management's head and talk directly to their boss - the customers. First, do the customers know your name? Do they remember your name - or just your magic? Once they remember your name, invite them back and have them ask for you by name, ie: "Thanks for coming tonight, I'm here every Tuesday night - when you make your reservation, let the hostess know you would like to see JoeJoe".
They may not want to advertise your name because customers are not asking for you - they may be asking "Is the magician available tonight"? JoeJoe
Amazing JoeJoe on YouTube[url=https://www.youtube.com/user/AmazingJoeJoe]
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Starrpower Inner circle 4070 Posts |
After 8 years, yes, they know my name. But that's not the point. The manager may be a good restaurant manager, but not a good marketer or promoter.
Good marketing dictates you use everything that's available. I have name recognition in the community; they should use that to their advantage. Besides, I think the point here is more one of doing everything you can to see that your name gets out there ... and part of that is getting it mentioned in advertising. |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
I agree 100% with Mark. You just can not wait and hope your client spreads and advertises your name correctly. As a proactive marketer, it is your job to make them know who you are by taking action.
I first always have a clause in my contract that states how they are to use my name in advertising, but I also make it easy on them by supplying them with advertising and posters and images and logos already done for them. I solve a need of theirs by supplying everything they could possibly ask for or want. This way I not only get my name out there the way I want it, I solve their advertising need cause I basically handle my own. This saves them in time and increases my value to them. The more I can handle and initiate things myself, the better off I will be in the long run. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
cloneman Elite user 474 Posts |
I always include a billing clause in my client's contracts, something like:
"Theater Company shall accord the following credit on all promotional and informational material concerning the Act, including, but not limited to playbills, advertisements, posters, television and radio commercials, programs, and one sheets produced, controlled, or commissioned by Theater Company: “The Amazing Bob – Magician.”" Keep in mind, the above clause is not legal advice but posted for educational purposes only. Your contract should be created with your attorney.
"Anything is possible... if you don't know what you are talking about."
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MagicalPirate Special user Shamokin, PA 828 Posts |
Thanks Cloneman
That does give everyone a place to start and its not written in so much legalese that everyone just scratches their head. Martin
Martin Blakley, CSH, DASH, CMSA
http://www.thehypnoguy.com/HYPNORESOURCES http://www.docgrayson.com/ How To Sell Anything Online http://tub.bz/?r=1z Copyright to my own words retained 100%. |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
I have a similar clause in my own contract that clearly states that my full stage name be used on all forms of advertising. I also help elimate this problem by doing and offering designs for them for the ads and posters that they will need. This way I am sure my message and image is getting out to the public in the way in which it is intended.
Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
cloneman Elite user 474 Posts |
Quote:
On 2004-12-29 15:56, MagicalPirate wrote: IMHO a good contract is one which doesn't require a lawyer to understand it. As I tell my film and television clients: "The contract is the script of the deal." If you understand your deal, you should be able to understand your contract. Too many lawyers "obfuscate" when they should simply "confuse"... wait a minute...
"Anything is possible... if you don't know what you are talking about."
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