MOTION PICTURES BUSINESS AND PRODUCTION AGREEMENTS
Customarily, motion picture production business (“film”) undergoes three phases: pre-production, production and post-production phase. However, the development and exploitation of the film can be incorporated to one which is business development phase.
If the film produced consumes either immense amount or media or even foretold to gain a fruitful profit, there are numerous contracts and legal documents required, and they are mandatory to put in written form to avoid misinterpretation, breach and to protect rights of the film and film Production Company from any claims. Followings are several prominent contracts or agreements in motion picture business/ production.
PRE-PRODUCTION PHASE
1. SCREENPLAY AGREEMENTS;
To produce a film, a screenplay is acquired. There are some ways of screenplay writing, for instance based on a true story or fiction which is developed by any means resulting in a ready to produce screenplay either self-produced or sold to others by the screenplay writer.
Followings are the agreements:
a. Personal Life Story or Depiction Acquisition Agreement/Release;
b. Concept Development Deal;
c. Literary Purchase Agreement (with or without Optional Rights).
2. SCRIPTWRITER, DIRECTOR, ACTORS, PRODUCER/ LINE PRODUCER EMPLOYMENT AGREEMENTS;
Scriptwriter, director, actor, line producer are the above the line parties in film production. Respectively, scriptwriter is only responsible for screenplay as director is responsible for shooting as actor is responsible for his/ her role in accordance with the screenplay, and as Line Producer is responsible for film production in general. Each contract possesses special set-ups and characteristics.
3. FILM FINANCING AGREEMENTS;
Film producing demands a great fund. There are several film financing methods such as proposing a bank-credit/ financial institutions with or without any guarantee, inviting investors with compensation offer, film distribution financing with film performance right warranty, co-producing with film production company in which either one party or both are liable for film financing. The agreements are as follows:
a. Credit Agreement;
b. Investor Financing Agreement;
c. Pre Sale Agreement;
d. Co-Production Agreement.
PRODUCTION PHASE
4. PRODUCTION SERVICE AGREEMENT;
Sometimes the film production company, after having the screenplay, hiring the scriptwriter, director, line producer and obtained fund, exercises production service from another film production company to produce the movie entirely to the completion.
5. LOCATION AGREEMENT;
The shooting location shall be well-planned and poured down in a contract or location release considering the location owner can file lawsuits and the locations shall be in the scenes of the movie.
6. ACTOR/ ACTREESS EMPLOYMENT AGREEMENT;
Minor, day player/ supernumerary, stunt player are hired in accordance with the film production which is contemplated in a contract considering each player will play a role in a movie. The followings are the agreements:
a. Minor Agreement;
b. Day Player Agreement;
c. Nudity Player Agreement.
7. CREW PRODUCTION AGREEMENT;
Blow the line are as follows:
- Production Manager;
- Camera Crew, under supervision of senior cameramen;
- Lighting Director/ Lighting designer;
- Vision control operator or video engineer operator;
- Audio engineer/audio control/ sound supervisor/sound mixer;
- Audio Operator/sound assistant;
- Makeup designer;
- Makeup artist/ makeup assistant;
- Costume designer;
- Wardrobe supervisor;
- VTR Operator;
- VT Editor;
- and so on depends on the needs;
The abovementioned are hired by the film Production Company/ producer to execute the work pursuant to each job description respectively contemplated in particular contract. However, a simple production drew employment agreement can be set forth by enclosing job description of each production crew or other enclosures.
8. PROPERTIES LEASING AGREEMENT;
The properties leasing agreement is by means of camera, lighting and other rentals which is contemplated in the mentioned agreement.
9. ADVERTISING AND PROMOTIONAL AGREEMENT;
This agreement is made by and between the film Production Company and advertising agency on the purpose of advertising and promotional materials prior to the film release.
10. MERCHANDISING AGREEMENT(IF PRODUCED);
Should the film production creates film merchandising supporting promotional film, then merchandising and merchandising distribution agreements are acquired.
POST-PRODUCTION PHASE
11. FILM SOUNDTRACK AGREEMENT (IF PRODUCED);
If the film production also makes a film soundtrack supporting promotional film, there is several connections with the matter:
a. Composer Agreement;
b. Synchronization/Performing/Master Use and Mechanical License;
c. Soundtrack Recording Agreement;
d. Soundtrack Album Distribution Agreement.
12. MAKE-UP AND SPECIAL EFFECTS AGREEMENTS;
Sometimes, a film producing requires expert personnel to make up or add special effects to movie scenes. In regard to this, Make-Up and Special Effect Agreements are needed.
13. ACQUISITION/ THEATRICAL PERFORMANCE DISTRIBUTION RIGHT AGREEMENT;
For theatrical movies in Indonesia, the film production company performs distribution to theatre businessmen in Indonesia which is contemplated in the acquisition/ theatrical performance distribution right in domestic theatres agreement;
In connection with the movie showing in theatres outside of Indonesia, the film production company performs distribution through exported film company or movie agencies as contemplated in the acquisition/ theatrical performance distribution right in domestic theatres agreement.
BUSINESS DEVELOPMENT AGREEMENT
14. MOVIE BUSINESS DEVELOPMENT AGREEMENTS;
The produced film after showed in theatre are exploited by means of business way through film broadcast on television, home video renting/ selling, etc. The customary business development agreements are as follows:
a. Television Rights Agreement;
b. Home Video Licensing Agreement;
c. Multimedia Rights Licensing Agreement;
d. In Flight/Train Use Contract;
e. Script book Contract;
f. Novelization Contract.
The abovementioned agreements are the focal agreements in film production/ business despite other numerous agreements and legal document compulsory to be put in writing. As for the main result, it is to avoid misinterpretation between contractual parties in production, infringement or breach in production process, and/ or obscuring full legal protection against unreasonable claims. Foreign film production has proven abundant violations and or claims resulting in dispute between the contractual parties due to lack of attention to the subject.
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