contracts entertainment law

CERTIFICATE COURSE ON ENTERTAINMENT LAW

CONTRACTS

MEDIA AND ENTERTAINMENT

CONTRACT

• IT IS AN AGREEMENT BETWEEN PARTIES TO DO OR

NOT TO DO A CERTAIN ACT

• AGREEMENT GIVES RISE TO OBLIGATIONS OR LEGAL

DUTY THAT IS ENFORCEABLE AS AN ACTION AT LAW

PREREQUISITES

• PARTIES CAPABLE TO CONTRACTING

• MUTUAL CONSENT

• LAWFUL OBJECT

• SUFFICIENT CONSIDERATION

10th October, 2015Confidential

FILM RELATED AGREEMENTS

ACQUISITION• ARTISTS • AUTHORS• RECORDING ARTISTS• PERFORMERS• DIRECTOR• LINE PRODUCERS• CHOREOGRAPHER• FASHION DESIGNER• ART DIRECTOR• USAGE OF THIRD PARTY IP• ……AND SO ON

LICENSING OUT

• MOVIE/ MUSIC/ IMAGES/ OTHERS

• SATELLITE/ TELEVISION

• DIGITAL

• AIRLINE/ SHIP/ RAIL/BUS

• MERCHANDISING

• OTHERS

10th October,2015 Confidential

ARTIST AGREEMENTS

• IMPORTANT AND MOST NEGOTIATED CLAUSES ASSIGNMENT OF RIGHTS OBLIGATIONS OF PARTIES


ARTIST AGREEMENTS

CREDITS

COMPENSATION

TERMINATION

ANY RESTRICTION ( ENDORSEMNT RELATED)

10th October,2015Confidential

AUTHORS AGREEMENTS

• MUSIC COMPOSERS

• LYRICITS

• STORY WRITER

• SCRIPT WRITERS

• DIALOGUE WRITERS

• BACKGROUND MUSIC COMPOSERS


AUTHORS AGREEMENTS

• IMPORTANT AND MOST NEGOTIATED CLAUSES

TRANSFER OF RIGHTS

ASSIGNMENT VS. COMMISSIONED WORK

10th October, 2015 Confidential

RIGHTS

• Accordingly, Producer being owner of the entire copyright in the Deliverables shall have all rights including but not limited to the sole and exclusive rights to do or authorise the doing of any of the following acts in respect of the said Deliverables or a substantial part thereof, namely:

• (a) to reproduce the Deliverables or sound recordings/audio visual songs/ or any other format embodying the Deliverables and the storing of the Deliverables in any medium by electronic means;

• (b) to issue copies of the Deliverables to the public, in all or any formats;

• (c) to perform the Deliverables in public or communicate them to the public in any medium by any means or technology;

• (d) to make any cinematograph film or sound recording in any format in respect of or including the Deliverables;


RIGHTS

• (e) to make any copy of any cinematograph film made in respect of orincluding the said Deliverables in any format including but not limited to aphotograph of any image forming part thereof;

• (f) to sell or give on hire or offer for sale or hire any copy of the said Filmor any cinematograph film or sound recording made in respect of orincluding the Deliverables in any format regardless of whether such copy hasbeen sold or given on hire on earlier occasions;

• (g) to communicate the Deliverables to the public in any format bybroadcast by means of television or radio or other broadcasting mediumincluding any means of simultaneous communication existing or future andwhether the Deliverables are communicated to the public live or as recordedin any other format or medium including but not limited to sound recordingsand cinematograph films by broadcast of the said format or medium;


RIGHTS

• (h) to communicate the Deliverables to the public or make them available to the public in any format in any medium by any technology whether simultaneous or non-simultaneous, including but not limited to the Internet or any form of telephony, or by any other means of display or diffusion;

• (i) to exploit the Deliverables directly or indirectly by any means including but not limited to the doing of any of the acts specified hereinabove; or

• (j) to make any translation or adaptation of the Deliverables or to exploit the said translation or adaptation by any means including but not limited to the doing of any of the acts specified hereinabove.


FUTURE FORMATS

• IS ASSIGNMENT OF FUTURE FORMATS ALLOWED?

•CAN BE DEFINED 10th October, 2015 Confidential 13

AUTHORS AGREEMENTS

• COMPENSATION

• CREDITS

March 2014 Confidential 14

AUTHORS AGREEMENTS

• ROYALTY - ISSUES

• WAIVER OF MORAL RIGHTS

• TERMINATION

• INDEMNITY – COPYRIGHT VIOLATION

• BOILER PLATES

10TH October, 2015 Confidential

USAGE OF THIRD PARTY IP/ IN FILM BRANDING


USAGE OF THIRPD PARTY IP

• TERM - PERPETUAL LICENSE

• TERRITORY

• ONLY AS PART OF THE FILM

• MODE AND MEDIUM

• PROMOTION

• BONAFIDE MANNER


OTHER AGREEMENTS

• RECORDING ARTISTS

• PERFORMERS

• DIRECTOR

• LINE PRODUCERS

• CHOREOGRAPHER

• FASHION DESIGNER

• ART DIRECTOR

• ……AND SO ON


LICENSING


MOVIE

MERCHANDISING

TELEVISION

DIGITAL

MUSIC AUDIO AND

AUDIO VISUAL

RADIO / RADIO JINGLE/

PHYSICAL FORMATS

ADVERTISEMENTS

AIRWAYS/ RAIL/ BUS /

CRUISE

REMAKE, THIRD PART USE, HOSPITALS, LIVE

EVENTS, GROUND PERFORMANCE OTHER COMMERCIAL USE AND

OTHERS

EXAMPLES – RADIO JINGLE/ LUX ADVERT


LICENSE AGREEMENTS

• IMPORTANT CLAUSES

• DEFINITION

GRANT OF RIGHTS

NATURE OF RIGHTS – EXCLUSIVE AND NON-EXCLUSIVE

TERM

TERRITORY

PLATFORMS

MEDIUM

10TH October, 2015 Confidential

CLASS EXERCISE

• VIDEO

• LICENSE

10TH October 2015 Confidential

SAMPLE CLAUSE

• In consideration of the full and timely performance of theobligations and undertakings of the Licensee, and the terms of thisAgreement and subject to and conditional upon their full and timelyperformance and observance, the Licensor hereby grants to theLicensee, a non-exclusive, non-transferable license for unlimitedAirings of the Licensed Work(s) on the Channel(s) during the Termand within the Territory in accordance with the terms set forthunder this Agreement:

To broadcast, communicate to the public and exploit the LicensedWork(s) only in the Programs as defined above, on the Channelsthrough the Platforms within the Territory for the Term.

To use the Licensed Work(s) only in Hindi language To use the Licensed Work(s) continuously for a duration of not more

than 180 seconds in a single instance.


RESTRICTIONS ON LICENSE

• Restrictions on the License: The License granted hereundershall not cover or rest with the Licensee, the right:

• To use the Licensed Work(s) in any language other thanHindi;

• to use more than three Licensed Work(s) back to back; and• to use as the theme or title song of Program(s);• to alter the fundamental character of the music of the

Licensed Work(s);• to alter, amend, adapt, or in any other manner change the

Licensed Work(s), or any parts thereof, in a manner notauthorised herein;


LICENSE AGREEMENT

• RESTRICTION ON LICENSE

• CONSIDERATION

• INTELLECTUAL PROPERTY AND CONFIDENTIALTY

• REPRESENTATION AND WARRANTIES

• INDEMNITY

• TERMINATION AND ITS CONSEQUENCES

• RIGHT OF FIRST NEGOTIATION/ RIGHT OF LAST REFUSAL

• BOILER PLATES


READING MATERIAL

• WWW.SINAPSEBLOG.COM

• MARK LITWALK - CONTRACTS FOR FILM AND TELEVISION INDUSTRY

Confidential 26

http://www.sinapseblog.com/

Thank You

Contact Us:

Sharada Kalamadi

Associate Partner - BananaIP Counsels

Email: [email protected]

contracts entertainment law

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