The first eleven years of Ned Scott's Hollywood career proceeded without any termed contract of any kind. These were the years of freelance production work for a number of different studios and producers. Often Ned Scott found himself working alone as a stillman from the start of production to the final frame. He preferred these working conditions to the other, more common arrangements in which multiple photographers participated on one film. However, as the year 1945 dawned, he changed to a termed contract relationship with Columbia Pictures Corporation for which he had worked freelance on prior occasions. Thus began some of his most notable years as a still photographer during which he was to produce his best portraiture.
This employment contract stands as a legal artifact of the Classic Era in Hollywood. The details are here for all to see. All notes and changes in the body of the contract are those written in the time frame by the contracting parties. Though Ned Scott had been a loyal union employee, like all the others of his profession, the studio never gave him any credit for his work on films.
Full Text of Contract dated January 31, 1945
THIS AGREEMENT, made and entered into on this 31st day of January, 1945, by and between Colombia Pictures Corporation, hereinafter sometimes referred to as the "corporation", and NED SCOTT, hereinafter sometimes referred to as the "employee",
WTNESSETH: In consideration of the covenants and conditions herein contained, and other good and valuable consideration, the parties heretofore agree as follows:
TERM AND COMPENSATION
Section 1-1. Term and amount of compensation. The Corporation hereby employs the Employee to render his services to the Corporation for a term of (3) three years commencing on or before May 23, 1945 and the Employee accepts such employment. The Corporation agrees to pay the Employee as full compensation for all of the services required by the Corporation, and for all of the material, works, ideas, composed, prepared, submitted or interpolated by him during the term hereof, and for all of the rights granted by the employee, upon the condition that the Employee shall fully and faithfully perform all of such services a salary as follows:
(a) During the first year of said term a salary at the guaranteed rate of two hundred fifty dollars ($250) a week.
(b) During the second year of said term a salary at the guaranteed rate of three hundred dollars ($300) a week.
(c) During the third year of said term a salary at the guaranteed rate of three hundred fifty dollars ($350) a week.
Section 1-2: Compensation. The Employee shall be paid a salary at the rate per week described under the classification designated "54 cumulative hours, 4 week guarantee" in that certain agreement the International Photographers of the Motion Picture Industry, local 659, of the International Alliance of theatrical Stage Employees and Moving Pictures Machine Operators of the United States and Canada,and International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, and various motion picture producers dated February 26, 1943, as amended, during such time as the Employee shall render services hereunder, which compensation shall be hereafter designated "minimum compensation". It is understood and agreed that the Employee shall receive additional compensation as is provided by the terms and provisions of said agreement. The Corporation guarantees that the Employee shall earn or be paid additional compensation for and during each full working week during he term hereof so that the Employee shall receive an aggregate of the minimum compensation and additional compensation of not less than the guaranteed rate of compensation as hereinabove set forth. The minimum compensation and additional compensation shall not be in addition to the guaranteed rate of compensation but shall be a portion thereof. The Corporation agrees to comply with the contract above mentioned in calculating the compensation to be aid to the Employee hereunder.
Section 1-3: Payment of Compensation: For the purpose of fixing the term of payment of compensation, compensation shall be deemed to accrue (except in the case of suspension) at the rate herein before established, commencing at the beginning of the term hereof and at the end of each period of suspension. For the purpose of such accrual in the case of fractional weeks, each day shall be reckoned as on-sixth (1/6) of a week. Compensation accruing in the course of each calendar week shall be due and payable during the following week on such day as may from time to time be established as pay day by the rule and regulations of the Corporation.
Section 1-4: Nights: No increased or additional compensation shall accrue or be payable to the Employee by reason of the fact that any of his services are rendered at night. If the employee is required to render any of his services on any Sunday or any holiday, he shall be entitled to receive one-sixth (1/6th) of the weekly guaranteed rate for such as compensation for his services.
Section iii-2. Advertising and Exploitation: Subject to such rights as the Employee has heretofore granted to others, the employee grants to the Corporation the exclusive right during the term hereof to use and license others to use his name and reproductions of his physical likeness and reproductions of is voice for advertising and publicity purposes including commercial advertising and publicity in connection with any commodities, products or service,manufactured, distributed or offered by the Corporation or others.
SERVICES OF EMPLOYEE
Section II-1: Reporting. The employee agrees, unless excused by the Corporation, to report at the Studio of the Corporation, or elsewhere as it may designate, at such time as the corporation may designate, on each day during the term hereof to render his services to the Corporation, and to perform any services incidental to his enumerated services, all as the Corporation may require pursuant to the terms hereof.
Section II-2: Services of Employee: The Employee agrees to render his services solely and exclusively for the Corporation during the term hereof as a portrait cameraman and photographer and to make portrait and publicity out of still photographs and to render services in any and all photographic assignments in the gallery and on the Corporation's so-called class "A" pictures.
It is understood that the Employee from time to time has rendered services for Gantner and Mattern of San Francisco, California, and that the Employee desires to continue to render services for said parties when those services are required by them.
In this connection, it is agreed that the Employee shall not render services for Gantner and Mattern without first obtaining the written approval of the head of the Still Department of the Corporation each time he desires to render any services for such parties.
Section II-3: Completion of Work Started During Term: The employee agrees that if on the expiration of any term of this agreement, the Employee is rendering any services to the Corporation in connection with any picture or rendering any other required services hereunder, and if the Corporation shall not have then exercised an option for the further services of the Employee for a further period, then the Employee's employment and the then current term of this agreement at the option of the corporation may be extended hereunder at the same rate of salary and upon the same terms as were operative hereunder immediately prior to such expiration until the completion of Employee's services in connection with such picture or assignment, not exceeding, however, 90 ( ninety) days. Any such extension may be terminated by the Corporation at any time.
Section II-4: Services Unique: The parties agree that the services agreed to be rendered by the Employee are of a special, unique, unusual, extraordinary and intellectual character involving skill of the highest order, giving them peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law.
GRANT OF RIGHTS
Section III-1. Name and Likeness and Their Use: Subject to such rights as Employee has heretofore granted to others, the Employee hereby grants to the Corporation the exclusive right during the term hereof and the perpetual non-exclusive right thereafter to use and license others to use his name and reproductions of his physical likeness and voice in connection with any services that the Employee may perform pursuant to the provisions hereof as well as advertising and exploiting one or more of the pictures produced by the Corporation or its products.
Section III-2. Advertising and Exploitation: Subject to the rights that the Employee has heretofore granted to others, the Employee grants to the Corporation the exclusive right during the term hereof to use and license others to use his name and reproductions of his physical likeness and reproductions of his voice for advertising and publicity purposes including commercial advertising and publicity in connection with any commodities, products or service, manufactured, distributed or offered by the Corporation or others.
Section III-3. Commercial Tieups: Subject to the rights that the Employee has heretofore granted to others, the Employee grants to the Corporation the perpetual non-exclusive right after the termination of his term hereof to use or authorize others to use any of the rights herein granted for commercial advertising or publicity in connection with any products, commodities or services manufactured, distributed or offered by the Corporation or others, provided such advertising refers to one or more or the pictures produced hereunder or to the Employee's employment by the Corporation. The Employee shall not in any advertising under the terms and provisions of this section be represented as using, consuming or endorsing any such product, commodity or service without his written consent.
Section III-4: omitted and struck
Section III-5: Properties: Employee agrees that all material, works, writings, ideas, "gags", or dialogue written, exposed, prepared submitted or interpolated by him in connection with the preparation or production of any picture hereunder shall automatically become the property of the Corporation, which shall for this purpose be deemed to be the author thereof, The Employee acting in this connection as the employee of the Corporation: and the employee shall have no right, title or interest thereto or therein, and the Corporation shall have the right to obtain copyrights, patents and other protection therefor. The Corporation shall have the right but not the duty to use, adapt to change said material, or any part thereof, and to combine same with other works of the Employee, or others, and to vend, copy, reproduce, record, transmit, broadcast by radio and television, perform, photograph with or without sound (including spoken words, dialogue and music synchronously recorded), and to communicate the same by any means now known or hereafter devised, either publicly or for profit, or otherwise.
The Corporation, its successors and assigns, shall, in addition to the Employee's services and to the material, be entitled to and own all results and proceeds of said services and proceeds of said services and material, including all rights throughout the world of production, manufacture, recordation and reproduction by any method, whether now or hereafter devised, and whether such results and proceeds consist of literary, dramatic, musical, motion picture, mechanical or any other form of work, theme, idea, or composition, creation or product. The Employee will, at the request of the Corporation, execute such assignments, certificates, or other instruments as the Corporation may from time to time deem necessary or desirable, to evidence, establish, maintain, protect, enforce or defend its right or title in or to any such material.
Section IV-9: Limitations on Authority: The employee agrees that he has no authority to and he will not employ any person to serve in any capacity, nor contract for the purpose or renting of any article or material, nor make any agreement committing the corporation to pay any sum of money for any reason whatsoever in connection with the services to be rendered by the Employee hereunder, or otherwise, without the Corporation's written approval first had and obtained.
Section IV-10: Publicity and Publicity Agent. The Employee agrees that he will not, during the term hereof, employ or engage a personal press or publicity agent or authorize any person to perform the duties of a press or publicity agent, or issue or permit the issuance of any advertising, exploitation, or publicity whatsoever concerning himself or the corporation or any of the pictures or their casts or any personnel connected with their production, and he will not give so-called press or publicity interviews with the prior written consent of the Corporation first had and obtained.