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Contracts Can Talk.
Make Sure They Speak for You.
By David J. Kozlowski, February 16, 2025
Congrats on being hired! When it comes to the work, you’ve got this. But before you get started, you’ll have to sign a contract. Uh oh…
Contracts dictate the terms of the work and your obligations, as well as your rights and compensation. To say your contract terms are crucial to ensure fair treatment, avoid exploitation, and protect your earning potential is an understatement. While contracts can be complicated and full of potential pitfalls, there are a few key concepts voice actors should be aware of.
- Pay and Compensation. A key term of contract is the compensation structure. Ensure the terms are clear and that you agree with them. Include rates, residuals, royalties, etc., and a payment deadline. Be aware of whether you are accepting a buyout provision (thereby limiting your future earnings), or if this is work-for-hire (giving the hiring party the exclusive right to use your work as they see fit). Also, be sure to include enforcement mechanisms to ensure timely payment.
- Exclusivity, Non-Compete, and Morals Clauses. Some clauses may restrict your future opportunities or limit your ability to work for competitors for a period of time. Others may grant the hiring party exclusive rights to your services for the duration of the contract, including the right to use your name, voice, and likeness for advertising and publicity.
- The contract may not require the hiring party to credit you for your performances. For less experienced talent, this will make it harder to build a portfolio.
- AI and Digital Replication. Volumes can be written about the effect of generative AI on the VO industry. To keep it simple here, the contract should address the use of your work to train generative AI or create new content. There are evolving industry standards that address this issue. The contract should also safely store and protect your personal data in compliance with relevant privacy laws.
This merely scratches the surface of contract concerns, but should give you a head start on what to watch for. Ultimately, clarity is key—don’t sign something you don’t understand, and don’t be ambiguous, as this can spur future disagreement and litigation. Finally, don’t be afraid to negotiate. Not every term will be negotiable, but many are. For more complicated or higher value contracts, consider hiring a lawyer. Not only will the lawyer advise about the pitfalls and catch things you may miss, but they will bring a gravitas to the negotiation process—they “speak the language.” And in an industry where speaking is the focus, a lawyer can help you safeguard your rights, career, and financial future. ♦♦♦
Dave Kozlowski is a partner at Morrison Cohen LLP, a prominent Manhattan-based law firm with a national focus on legal services for businesses, entrepreneurs, and individuals. Among the firm’s core practices is intellectual property protection, where it assists clients with trademark registration and other essential services. You can reach Dave by email or follow him on LinkedIn.
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From the Society of Voice Arts and Sciences
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