Working to a Brief LO1

Patrick Gouldsbrough

Contractual BriefDefinitionA media corporation signs an agreement to carry out a project to make a set product, in a set time scale, with a set fee for them to be paid.

If any of the above elements of the contract are breached by either the client or the media corporation commissioned to make the product, legal action could be taken against the accused party. Sometimes it is a genuine mistake on one of the parties parts, such as: lack of or too much pay or an added part to the brief, without giving the corporation extra time. In these cases, a negotiation (mentioned later) will be set up to sort out the issue and hopefully resolve the problem raised.

It’s key that the contracts are read before they are signed, this is to ensure that the corporation don’t sign anything which will disadvantage or affect them in the long run. This could be to do with the previously mentioned pay, time scale or terms of contract.

Advantages• If you have an issue with the brief or the work you are carrying out, as well as the terms, you can flag the issues, where as a

verbal contract wouldn’t allow you to query it, due to the agreement not been noted down.• It’s legally binding and is pretty difficult for the client to get out of the terms.

Disadvantages• For the company commissioned to create the product, they have to create exactly what ye brief says, not what they want.

Failure to do so may result in loss of money for this media company.

Formal BriefDefinitionA client produces a brief to give to the media company which they have commissioned to make a specific product. All this brief does is establishes what they want them to make, the terms, like stated in the last section, will come later during the negotiation section. The formal brief only contains the product the client wants producing, nothing more, any added information will be discussed and then gained by the media company and later planned negotiation talks, where things like fees, time scales and terms of contracts will be discussed. Even though this brief type does state information about a product, which are then transferred between the two companies and then agreed on, it is not a legal binding contract as of yet, this comes later at negotiations.

Advantages• The company commissioned to make the product isn’t pressed into actually making the product yet, due to it not been

legally binding. Signing the contract before they’ve found out fees and time scales would not be beneficial to the commissioned company, due to potential unfair terms been added by the client.

• It gives both parties time to think of terms top the contract, instead of been rushed into making unreasonable and unfair terms.

Disadvantages• A contractual contract with fees and time scales may not have been properly reviewed by the client, due to them wanting

the product quickly, so the commissioned company could potentially make more money if they had a contractual contract, not a formal brief.

Informal BriefDefinitionThis brief solely exists on a verbal contract, which no physical paper copy of the contract exists. Instead of having it written out in terms of pay etc., it is discussed between the client and the media company who have been commissioned to make the product. In certain circumstances, due to it been an informal brief, a completion date might not be set. This maybe due to the company not wanting the product straight away, or the client is substituting some of the fee in exchange for more time.

Advantages• This brief is relaxed and doesn’t put masses of pressure on either side, due to a time limit sometimes not been set. This can

however mean that the commissioned company take their time and keep the client waiting. On the other hand, if this does happen, the client won’t give any future business to this company, so it’s not in the media companies interest to take a long time.

Disadvantages• This contract is a risky one because it doesn't have a set contract, so either party could try and exploit the other out of

money, time. This can sometimes get to the point of a lawsuit, especially if lost of potential money could be made by the client company for the product.

Co-Operative BriefDefinitionThis brief is explicitly designed for two or more companies and involves them getting hired by the client to design the same

product, which they will work together on. Occasionally a disagreement occurs between the two or more companies, which will have to be resolved through a negotiation. The negotiation would involve the companies which aren't happy about the brief, and dependant on the nature of the disagreement, the client may get involved also. The result of the negotiation will be a new brief which will satisfy all the companies within the project. For this reason it would be beneficial for all the companies to be a the negotiation, so they can agree and disagree with the new terms, until every term is complete.

Advantages• The more companies that are involved, the faster you can finish the project• Due to there been more than one company and the client, negotiation between the two could get you more money,

instead of the commissioned company being bullied by the client, with the threat of losing the project.

Disadvantages• The overall fee will have to be shared by the companies, this will normally be a massive fraction of what you would have

received, had you got the contract on your own. • The fast nature of the project means that you may be without work after the project. The longer you can be in a project,

the better, these are usually contracts you get on your own.

Negotiated BriefDefinitionSimilar to the last brief type, if two or more companies have a disagreement, this brief will be the resultant one that they all

agree on. This would mean a new brief would be created to please all parties involved in the project, this time it will involve the client, due to the brief, which they created, been changed. This could entail the visual style of the product, which one company believe won’t sell. A change of content, as well as making sure the given product is still within ethical and legal boundaries, if one, or all the companies think the product is starting to drift down the illegal or unethical path. It is important for the companies to resolve the issues quickly and fairly, mainly for the clients sake, due to the continuation of the project after the negotiation has been completed.

Advantages• This brief allows the company and client to work together to get exactly what they want out of the brief. However, not

everyone can always get what they want and one or more companies must compromise. • Legal and ethical issue can be resolved in this brief, however, it isn’t exclusively this brief that can change these aspects,

most briefs can, due to it been paramount to every company, not to get sued.

Disadvantages• A deadlock of negotiations may ensue and the companies won’t be able to continue with the project, which they will be

losing money on by going into the deadlock, meanwhile, the client isn’t getting their product any faster in this scenario.

Commission BriefDefinitionThis type of brief involves a large media organisation contracting or hiring an independent media company to design and produce a media product for them. This therefore means an external client isn’t involved in the first initial parts of the brief, so isn’t involved in the negotiation of the brief due to this. However, a client may come into the negotiations later on, if the large media company decide to sell their product on to external clients. This would then mean that these negotiations wouldn’t involve the independent company, just the client and the large media company, unless otherwise agreed in the previous negotiation.

Of course, a fee will be paid to the independent company, for the product they have provided, but may not receive the products profits, unless they have negotiated a cut with the large company at the negotiation stages.

Advantages• This brief gives the smaller companies business, not just the big companies which other briefs focus on. This brief needs one

company in it to be small, due to a big company outsourcing work to it, where as two large companies wouldn’t work like that. They would either use this brief or produce products ‘in house’.

• Unlike the co-operative and negotiated briefs, this brief is between two companies and therefore is less likely to breakdown over unfair terms, due to the number of companies been low.

• Everyone is getting a financial fee j some way. Even though it benefits some more than others, everyone is getting a few of some sort.

Disadvantages• For the small company, it doesn’t seem fair that the money they receive should be less than the larger media company, due to

them making the product. However, the large media company does arrange all these deals with clients, so are earning the money they get. Furthermore, if the independent company was good enough in negotiations,, they ould get a cut of the profit, not just the initial fee for the product.

Tender BriefDefinitionThis kind of brief is unique to all the others, and is slightly similar to a competition brief. This brief involves a client publishing an advertisement, whether it be internet or poster form, that they need a product to be made.

After this, a range of production companies will design a proposal and a financial breakdown of costs, which will then be pitched to the client. If this client is a big and successful client, there might be a range of companies competing for this contract, due to the financial gain, while a future contract may be available if they complete the task to a high standard. The final stage of this

brief involves the client selecting the best proposal and offer from the production companies. While the potential financial gain the client could earn, they also must think about the cost of the project, is it too near to the profit made? Is this companies fee feasible and will the project survive with this company?

Advantages• This brief allows the client to get a company that will actually do the job, not just a company that they have met for

negotiation. This is due to all the other briefs not requiring independent or production companies to pitch their ideas, therefore, the client can’t be 100% certain they’ve got a reliable company. On the other hand, a pitch doesn’t make a company reliable, it just makes them good sales representatives.

Disadvantages• Sometimes in the media industry, and in other industries also, when a client is looking for a product, they hold these

pitches from production companies and then pick their friends ideas. This is very beneficial to the client, due to them getting the product, while also gaining knowledge in other ideas from other production teams. This may however backfire, if the clients friends company isn’t reliable or doesn’t have enough knowledge/man power to complete the task.

Competition BriefDefinitionThis brief type is an unusual and unique brief, compared to every other brief. The competition brief is open to all production companies to participate against one another for the one opportunity of making a product for the client. This brief, unlike the others, doesn’t require just one company to make a product, every company who wants to participate makes one. After the

entry stage, the client then reviews the products, in this case a media product, and judges one piece to be the winner. This competition is usually free to enter, due to the client wanting a lot of entries for this competition. Even though some of the entrants maybe strong, the client only has to pay the winner of the competition brief, only if there was a financial incentive in place. Sometimes another perk is the reason for the competition, but if it’s not a great reward, companies may decide to not enter and the client will have few entries and little choice.

Advantages• In the clients point of view, there is not an aspect in which they are losing. They get to look at many ideas and could take

some as their own, due to them not been patented yet, as well as getting a final product also. As for the financial loss, this type of brief doesn’t usually offer much if any reward.

Disadvantages• The production companies will only benefit if they are a small production company and not a large, big profit making

company. However, if they were a big production company, they wouldn’t bother entering in the first place. • Little cash incentive for the production companies• Again, like the tender brief, the client could pick their friends entry. As well as this, the production companies making the

products could get their friends and employees to vote for them, if it’s a voted competition.

My BriefWhich type of brief is being used in the recipe card project? Explain your response.

The vegetable society brief is an example of a formal brief. I think this because it has the things you need to complete, time scales

etc. While it does have elements of a contractual brief, it doesn’t actually feature a contract as such. The next stage of this brief will now be to negotiate the brief with the client, which will uncover things like: time scales, cost and terms of contract, before I sign the contract.

Features the brief has to suggest a formal brief:• The formal language that is used• The lack of fees and time scale explained, which rules out a contractual brief• Not mentioning another company or future client, so a co-operative and tender brief is ruled out.

Reading the BriefWhy is important to thoroughly read your brief?The main reason you read a brief thoroughly is to ensure you don’t miss anything asked of you, while also ensuring that the

terms of the brief are reasonable and clear. The terms and guidelines may come at the negotiation stage, but you still must read the brief, just in case they are included. If they are, these can be negotiated when I meet the client at a negotiation meeting, where I will ask all the question I want to ask regarding the brief.

Things that could be included which you must read and query if necessary:• The fees• The time scale• The specific instruction of a product• The guidelines you must follow• All the legal and ethical terms (this could be things raised, like the need for it to be vegetarian and some to be vegan, but it

could be legal and ethical issues that you raise in the negotiation which could occur).

Reading the BriefWhat is the nature of the Vegetarian Recipe Cards brief?

The vegetarian brief comes across as formal. You get this idea, due to such lines as: “measurement abbreviations should be used without explanation”. This particular line gives the idea that the Vegetarian society is a company that know exactly what they

want and they want a company that works to the maximum potential for them. Even though every client what’s this element form a production company, the clear and formal language helps to portray the vegetarian society in a more professional way than

other companies would.

What a formal and professional brief, like the vegetarian society, needs to fulfil a formal nature brief• Professional and formal language• Clear and concise paragraphs, they shouldn’t be too short or long, which could lose the attention of the consumer of the

brief.

What is the demand of the Vegetarian Recipe Cards brief?• 100% recycled paper, which is strongly recommended to be 350gsm paper stock, while 3,500 of them will be printed at a

time.• An interesting and creative idea for the recipe cards• It must be vegetarian, while some of the recipes should be also vegan also• A certain theme COULD be used (this is not a demand, just a strong recommendation) • Inclusion of Serving numbers, cooking time and vegan suitability should be included in the recipe• List every ingredient on new lines, while putting the measurements in metric, not imperial• Use the different rule for putting ‘grams’ and ‘tablespoons’, this is how other recipes are set out (“Measurement

abbreviations should be used without explanation”)• Keep the method points as simple as possible

Negotiating a BriefWhy is it important to discuss the brief with your client prior to production?A negotiation before the initial design and production is key because it irons out the finer details of the brief, while also:• Allowing you to ask the client some questions about:• Fees• Legal and ethical• Time length to complete• Terms of contracts (depending on the formality, a contract might not be necessary)

It’s also important because:• If you don’t address the client about the brief and go ahead and make the product, if wrong, the client doesn’t have to pay

you. • The client may want to ask you question about your past projects, just to check credibility. Fees for the cost of the project

may also be the subject of the talk.

Negotiating a Brief

What are the advantages and disadvantages of employing discretion with a brief?

Advantage • It allows room for manoeuvre with the type of product you can make – In this brief, I can't really manoeuvre the fact that

the products I’ll be making will have to be vegetarian. • The creativity of me will be more varied – If you have to create a specific product, some creativity of making various

designs will be lost. However, due to me not making many designs, time will be saved and therefore, money will be saved.• It makes you want to work with a client again – If the client is lenient and lets you create a product you want, you will be

more inclined to create a better product in the long run, while working with the client again will be ore of a possibility.

Disadvantage• Loss in pay – If you don’t make a product the client wants, they will not pay you. This will therefore transpire that time will

have been wasted and potential profit and money will be lost.• Future project might be ruined – If you go into a project believing all future projects will be like this, you may end up

ruining future projects. However, there’s always a risk in doing so.

Negotiating a BriefAre there any potential legal/ethical/regulatory issues with the Vegetarian Society brief’s proposed product?

Legal • The logo chosen for this project will need to be created and checked for copyright or plagiarism• All the photographs used to accompany the recipes will need to be sourced from a unattached photography library or taken

by myself • The house style and font will need to be checked, just in case it’s been exclusively used by a specific company

Ethical • Recipes must be vegetarian• Some recipes must be vegan• The paper used must be 100% recyclable • Vegetable inks can be used

Negotiating a BriefAmendments you have considered to;The Product• The product might be too ambitious and instead might need to be amended to makes sure I meet deadlines. Initially, I was

going to do recipes from the same theme, but due to the time wasted thinking of various ideas, I could have made the set amount of dishes required and photographed them. This will definitely need to be addressed because it’s the difference between the failure and success of this task.

The Budget• To make these dishes, it’s going to be more expensive than I thought. A the start of the project, while scan reading the

brief, I though it was only meant for vegetarians. However, as I’ve later discovered, vegan approved recipes should be thought of too. This wouldn’t be a problem as long as vegan isn’t more expensive than normal produce, however, it is. This will then prompt more money been required for the completion of this task, which will need to be negotiated in the negotiation meeting with the vegetable society.

The Conditions• Due to the project costing more than I thought, I will need to have a figure that mirrors that increase in price. However, as

of yet, fees and figures haven’t been discussed and the negotiation will bring talk of finance. As for the terms of the contract, they haven’t been discussed either, so will need to be discussed in negotiation also. At least one thing will need to be amended in the project, which the client will potentially agree to.

OpportunitiesWhat opportunities could this brief allow you to explore? Be specific with your responses. Thisbrief is quite different to others you have come across and offers lots of new experiences. Checkthe unit overview to help you with this. Self Development• My negotiation skills will be developed, even though I’m not properly negotiating a deal, all the different brief work (first 10

slides) will help me to understand me develop.

Learning new skills• We learnt all the job functions and roles in Unit 11, but this unit will allow me to plan these roles and if I was running the

project for real, putting them into practice. So, furthering my knowledge of roles will be one new skill I’ll learn over the course of this project.

Multi-skillingAll these skills will be learnt, which will, together, will be counted as multi-skilling• Research• Design• Production

Contributing to a brief• All the other briefs I’ve had either don’t require you to make something for a client, or don’t require the same amount of

skill, regarding briefs. Also, unlike others, this brief must be followed to the letter, with no room for manoeuvre on the requirements of the brief.