Essential Independent Film Contracts Every Producer Should Have
As an independent film producer, youâre going to face a lot of challenges in regards to paperwork throughout the course of production. Youâll need to have independent film contracts and agreements in order at all times, and especially towards the end of the production as you prepare for distribution. Keeping all of your essential independent film contracts in order, and establishing a clean chain of title will be key to securing a distribution deal.
So before you get started, make sure that youâve worked closely with your production attorney to establish the following independent film contracts for your production.
Rights Purchase Agreements
Youâll need these to secure rights to a book, short story, or other intellectual property. For which you intend to create your film or screenplay based off of.
Make sure that you have incorporated your rights purchase agreements and option agreements into your documentation. As this will form the basis for your chain of title.
Work for Hire Agreements
Whether you have collaboration agreements, co-production contracts, or employment contracts they will all include the work for hire clause.
Which states that the work provided by your cinematographers, editors, and others involved in the production are provided âfor hireâ. Which means that you, the producer will retain intellectual property rights to the work. This is very important!
Articles of Incorporation, LLC
You might not think about the LLC at first. But of all independent film contracts that youâll need to have in order, the LLC is one of the biggest ones.
Youâll need to make sure that you have your articles of incorporation together. So that you donât risk your own liability or assets should anything go wrong with the production.
Private Placement Memorandum
Are you thinking of selling securities in order to raise capital for your project? If youâre going to have investors provide funding for your production youâre going to need to have a Private Placement Memorandum (PPM) before you can move forward.
You must not engage in the selling of any shares of your business or other interest in the film. Until you have worked with your production attorney to determine SEC regulations that apply to you and the next steps.
Generally, you will need a PPM and will have to follow other essential rules before you can raise investment capital.
Life Rights Agreements
Producing a documentary or other film that will include key personal details about an individual? Youâre going to need life rights in order to produce something like this. You definitely donât want to move forward with production without the proper rights.
Independent film contracts will vary based largely on the type and style of your film, but youâre likely to require some ârightsâ whether itâs life rights, or otherwise, in order to produce your film about the people that youâre following.
Crew Deal Memos
Youâre going to need crew deal memos from each of the crew members involved in your production. This means you need to have these contracts from all of the cinematographers that work on your film.
As well as from editors, gaffers, electricians, sound artists, and anyone else that is involved in your production. Whether the work is an hour, or a month, you need an agreement that is signed by the individual. And it needs to include that work for hire clause.
Actor Agreements
Youâll need actor agreements and extra agreements from any individuals cast for your film. These agreements will include pertinent information about the individual, the film, and the release of the performance so that you can use the work in your project.
The actor agreement will also include pertinent details about payments or compensation that may be made for the actorâs work.
Minor Release Forms
Another consideration is minor release forms. You should make sure that you have minor release forms signed by the minorâs guardian or parent if you will have them working on your film.
Itâs also important for film producers to make sure that they are following all essential rules and regulations. Which apply to the hiring of minor talent if minors are to be included in their production.
Cast Release Forms
Talent release forms are a must for any independent filmmaker to have on hand. These independent film contracts will be sought after by any distributor that is even considering your film and they will be required in order for you to obtain E&O insurance.
Besides that, you must have talent release forms from any and all talent that will be included in your production in order to maintain the right to use their image, name, or otherwise within your work.
Location Agreements
Will you be producing your film on location? If you intend to film in any location, whether itâs at a restaurant, inside a city park. Or anywhere else youâll likely need a location agreement, permits, and location release forms.
These are all important independent film contracts that your distributor will look for when navigating your chain of title to determine ownership. And to make sure that you were cleared to use the footage produced from a location in your final cut.
License & Sync Agreements
Will you use any music or other forms of copyrighted material in your film? Youâre going to need license and sync agreements for any and all instances of intellectual property that is used within your film.
If youâre not sure what license you require? Make sure to ask your production attorney. So that you can be sure that you obtain the correct license and agreements. And that you donât face any hiccups in the end.
Editor Release Forms
Donât forget to have all of your post production crew sign release forms! Stating that they are allowing you to use the work that they provide for the film. Editor release forms will relinquish copyright rights to the producer.
So that you can maintain that clean chain of title that the distributor is going to be looking for. Since youâll likely have several editors working on a project, make sure you donât forget even the tiniest job that is provided by an editor. As all works must be accounted for.
As you can see, independent film contracts are plentiful and incredibly important. They represent a powerful means of documentation that is required for any production to ensure a clean chain of title.
If youâre new to the process, youâll want to work closely with your production attorney. To ensure that youâve acquired the appropriate documentation throughout and that you are prepared for distribution of your film.
