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Film Distribution Agreement Sample

b) Delivery costs: Delivery costs are the direct costs incurred by the distributor for the production of film or video services (listed in Appendix A) that the manufacturer has not provided. At the manufacturer`s request, the dealer will provide receipts for each individual issue or waive a refund. Refundable delivery costs do not include office overhead, general, legal or personnel costs of the Distributor or advertising or market expenses mentioned above. Sales agent: In this type of agreement, a sales agent acts as the agent of the owner of the film for a commission. Thus, no rights are granted by the owner to the commercial agent. However, if the sales agent is exclusive and has the authority to obtain a licence for and on behalf of the owner, the sales agent is similar to a licensee. Since a sales agent does not pay an advance to the owner and the sales agent`s distribution costs are usually relatively low, the sales agent is usually entitled to a relatively low distribution fee. Co-production: The term “co-production” originally referred to an agreement between two film companies from two different countries on the basis of a co-production contract between the two countries. Under these contracts, if the film was partially produced in each country, it would be eligible for certain quota and subsidy benefits in each country.

Each film company would hold the rights in its respective country. However, the term “co-production” has mutated over time to refer to any agreement between two or more film companies with respect to the production and ownership of a film. These types of agreements are similar to a partnership (if there is a profit and loss split) or a separate asset (where there is no profit and loss sharing). Pre-sale: A pre-sale is a limited distribution agreement for a specific country that is concluded before completion and often even before the start of film production. For example, most pre-sales involve a foreign distributor who agrees to pay a fixed amount in dollars (called an advance or minimum guarantee) upon delivery of a film in exchange for certain rights to the film in a particular country for a limited time. In most cases, no ancillary rights (. B merchandising, publishing and soundtrack rights) is not acquired. In addition to the advance due on delivery, the distributor undertakes to pay “overruns”, which are conditional payments based on the success of the film. Since the distributor does not directly finance production costs, it generally does not have the same extensive controls over production as in the case of a PFD agreement. Therefore, the production company usually retains more creative discretion than with a PFD agreement.

5-page contract with filmmakers for the screening of their film on your website 2. RIGHTS GRANTED: The Producer hereby grants the Distributor the irrevocable right, title and interest and distribution of the image, sound and music in the Territory (as defined below), including, but not limited to, the unique, exclusive and irrevocable right and privilege, under the Copyright of the Producer and otherwise, the Image, distribute, license and otherwise exploit its image, sound and music. for the term (as defined below) throughout the territory (as defined below) for cinema, home video/DVD, television, video on demand (VOD) and Internet media. Distribution Agreement: Many agreements are ambiguously referred to as “distribution agreements” and do not know whether the intention is to grant a rights license or establish a commercial agent relationship. In most cases, these agreements contain central language that refers to a “grant” of rights, meaning that these agreements are licenses and not commercial agency agreements. List of the top 90 sellers of films specializing in independent documentaries, shorts and feature films. The Directory of International Sales Agents contains contact names, phone numbers, and email addresses. Annuity system: In an annuity agreement, a producer licenses certain film rights for a limited time to a distribution company, usually a studio, but the distribution company is not required to pay an advance to the producer to finance the production or receive delivery of the film. In some cases, the producer covers all distribution costs related to the film. In return for the absence of fixed payments by the distribution company, the distribution company accepts a very low distribution fee and the remaining revenues are transferred to the producer. Essentially, the distributor avoids any risk of loss associated with the film, especially if the distribution company does not bear the distribution costs and the producer bears the full risks and rewards of the film`s success or failure.

Due to the lack of financial commitment from the distributor and the limited benefit of the low royalty, distributors have little incentive to adequately market and promote a cash film, so these films often fail. In most cases, the distribution company acquires the worldwide rights permanently upon delivery of the film. In some cases, however, rights are limited to a certain period of time or domain (e.g., the United States and Canada), or there may be an exclusion of certain ancillary rights. In this regard, a negative recovery is similar to a presale (see below), but it is common to talk about a US rights acquisition as a negative recovery and not a presale. Negative pickup: A negative pickup is similar to a PFD contract, except that the distribution company, again typically a studio or VOD company, agrees to pay a fixed price when the film is delivered. .