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ARTICLE · 05 NOVEMBER 2024

Digital, Commerce & Creative 101: Talent Agreements

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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When drafting or reviewing talent agreements under English law, ensure the contract balances protection for both parties. Key considerations include authority verification, payment clarity, social media guidelines, IP ownership, and moral rights waivers. Define rights over image and likeness use, assess the need for morality clauses, address insurance needs for potential liabilities, and specify AI usage terms and indemnities.

United KingdomMedia, Telecoms, IT, Entertainment
Gemma Jones
Gemma Jones
Phil Hughes
Phil Hughes
Lauren Stone
Lauren Stone
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When drafting or reviewing talent, performer or celebrity agreements under English law, there are several key points specific to these agreements to consider to ensure that both parties (the talent and the commissioning party) are adequately protected. Getting the right balance is of course, where the challenge is.

  • Authority: If you are the commissioning party, consider who you are contracting with. If the talent is contracting via its personal services company ("PSC"), it is always best practice for the commissioning party to obtain a separate inducement statement signed directly by the talent acknowledging the obligations in the contract and agreeing to honour those obligations and the grant of any rights to mitigate any issues arising in connection with the PSC's authority to perform the contract and the grant of any rights. The talent (or an authorised signatory for the talent's PSC) should sign the contract, but if an agent will sign then it is good

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