An Overview of Film Agreement Templates
Film agreement templates are tools that serve as a starting point for drafting legally binding contracts in the film and media industry. These templates are designed to provide a framework for key contractual elements and ensure that all parties involved have a clear understanding of their responsibilities from the outset of a production . Typically, these templates will include clauses pertaining to the roles and obligations of the producers, directors, and other key personnel as well as financial arrangements, rights and permissions, terminations, dispute resolution procedures, and confidentiality agreements.
The use of an agreement template eliminates the need to create contracts from scratch, providing producers with time-saving and efficient solutions to an otherwise time-consuming and costly process. Many of these templates also offer flexibility to the end user, who can easily modify them to suit their individual needs.
Major Elements of a Film Agreement Template
A film agreement template should be comprehensive, covering the many aspects of production, distribution and copyright of the film. It should clearly explain the rights, obligations and expectations of each party involved in making the film. When using an inadequate or generic film agreement template, it can be difficult to enforce the provisions of the contract because it does not cover all the necessary components of a binding contract.
Some of the key components of a film agreement template include clauses related to the following:
Rights
The film agreement template should make it clear who has the right to reproduction, distribution and other ownership issues regarding the film. In many cases, the writer of the script will retain the copyright to the work, whereas those paying for the production or distribution may have signature over the rights to the film that is created from the script. It can be very complex to assign each party their proper rights to the work, but this should be clearly established in the film agreement template from the outset.
It should also address rights of publicity, such as approval rights for the final cut of the film or consideration of key cast/crew approval for support materials such as posters, trailers, etc. In addition, it should address the rights of the producer to acquire any materials produced by the screenwriter in the course of the creation of the work.
Responsibilities of the Producer
Both parties should understand the expectations of the other, so the film agreement template should be explicit in assigning responsibilities to the producers, including a budget and timeline. It should specify who will be responsible for any changes to the budget or schedule for production. Also, there should be a plan for when communications do not go according to plan, including specific provisions for how conflicts of interest or disputes will be resolved.
Some templates assign liability for future damages to the producer, which could be a type of indemnification clause. One of the most common disputes is over budgeting, so the film agreement template should provide a clear budget the producer must follow to avoid running over costs and putting the project in jeopardy.
Dramatic Elements
One of the keys to a successful film agreement template is to define the dramatic elements of the script and how those elements can be used after the film is created. Many writers, actors and directors will want to retain some or all of the rights to the story, characters, likenesses or other elements, so it is critical that you consult with an entertainment lawyer to make sure that the template you are using complies with the laws in your state.
Payment Arrangements
Because film is often a speculative business, it is important to clearly address the system for payments and how any monetary obligations will be met. The film agreement template should specify how salaries, fees and expenses will be paid during the production of the film. If there are outside investors who may need to be reimbursed, this should also be addressed.
Legal Terms in Film Agreements
The following legal considerations should be kept in mind. These issues can be a minefield for the uninitiated, so consult a good entertainment attorney and the suggestions below to avoid making what could be easily avoided mistakes.
Ownership: In the absence of an agreement to the contrary between the producers, the film’s producers will own all rights to anyone’s specific contribution to the film. This does not mean that the writers or directors or any other personnel are given any rights to the film, it is the production entity that owns the film. This is true regardless of how much of the film one has contributed. The negotiations among the producers are covered in a film producer’s agreement, and sometimes specific craft agreements such as a cinematographer’s agreement are required by a producer for their specific role.
Work for Hire: It is helpful to have specific forms for each of a film’s potential crafts and departments. This includes writer, director, actor, cinematographer, editor, etc. You will see these again and again; writing agreements, acting agreements, director agreements all at the ready. Some contracts include the provision that the actor agrees that he or she is signing a work for hire agreement. Other contracts expressly disclaim the fact that they have not signed a work for hire agreement.
Work for hire agreements and contracts assign all rights to the producers of the film. As indicated above, if not, then the rights remain with the creator of the material. This means that even though the writer has signed what seems to be a writer agreement and the direct oral promise to the producer to assign all rights to the producer, the producer will not be able to exploit the film without additional permission, which includes the additional expense of entering into additional agreements. The best solution is to sign the writer agreement that expressly states that the writer is assigning all rights to the producer… a work made for hire agreement!
Many contracts specifically require that the writer agrees that he or she is signing a work for hire agreement. Other contracts expressly disclaim the fact that they have not signed a work for hire. However, this is almost never a problem, as the Hollywood lawyer, the Sundance lawyer notes, "We just take it for granted that all of the people in our credits have signed work-for-hire agreements, including all of our crew and all of our creative talent. No one bitches if they don’t because they know that it was explained to them before they came on to the project." However, it can be a problem if a writer comes forward later and claims that they hold the rights to the screenplay, or whatever material they have contributed to the film.
Assignment: An assignment is the more formalized version of a contractual agreement. It is in writing, and refers to the specific materials that are being assigned to another party. It generally may be an encompassing assignment of all possible rights to the film or may be a specific assignment to a specific department. The use of these agreements provides the producers of the film with documentation, something that may be necessary to prove to third parties who request evidence of the producers’ right to the material. This can be someone seeking to enter into a licensing agreement with the producers, or a third party seeking the right to exhibit the film.
Confidentiality: Usually a confidentiality agreement is included with agreements for those in intimate or managerial positions with the production. The producer would use the form as a template and modify the terms to suit the individual’s role and relationship with the producers of the film. A confidentiality agreement would require that the individual keep confidential the information they have learned or acquired while working for the producer, or while they have had an opportunity to access the producers’ confidential information. Very often, a confidentiality agreement will also include a reminder that the producer is counting on the individual to maintain the confidentiality of the information that they acquire or have the opportunity to access as part of their duties and responsibilities to the producer.
Making Your Own Film Agreement Template
When it comes to drafting contracts, a one-size-fits-all approach is rarely appropriate. The same holds true for film agreements. While sample film agreements can be incredibly useful tools, they cannot and should not replace the critical work of assessing the bespoke needs of a project and carefully crafting contract terms to ensure that all parties’ wishes are accounted for. And, most importantly, that the end product is compliant with all governing laws.
So, how do you go about customizing agreement templates? Though each template will be different, there is a series of questions that can provide a good starting point for ensuring that the resulting agreement meets your specific needs. The primary questions to consider are for producers:
Of course, every project and situation will be unique. When drafting an agreement, it is important not to focus on simply narrowly checking off the terms that the template includes (all film agreements should contain certain boilerplate provisions, such as governing law). Instead, all agreements should be custom tailored to the situation at hand so that the parties are being appropriately protected.
Before selecting and customizing a sample template, consult with an attorney for assistance.
Different Types of Film Agreements
Film agreements are as varied as the subject on which the contracts are based. The length of a film agreement may be anywhere from one page to several hundred pages. The contract can be draft from scratch, or may exist as a template or as a combination of several templates. Even so, film agreements generally fall into one of a few standard categories.
For the most part, a production agreement primarily contains terms that relate to how the film is made, including the schedule and budget.
A licensing agreement sets out the terms whereby one party licenses content to another, including the territory, duration, and compensation involved. As a general guideline, these agreements can be very one-sided or equitable depending on the bargaining positions of the parties .
A distribution agreement regulates the conditions under which one party (the distributor) distributes the content of another party (the licensor). Distribution agreements can be particularly complex, and as such often requires legal counsel before execution.
A film co-production agreement establishes the terms and conditions for two (or more) parties to create a film together, combining their resources, knowledge, and funding.
Sometimes referred to as an "options and rights agreement," this agreement allows one party to "option" a certain property from another, giving the former the exclusive right to purchase such property at their discretion. When dealing with the option, the contract should reflect the amount termed and the compensation.
Writing a Film Agreement Template
Creating a film agreement template is valuable in streamlining standardization and avoiding inadvertent omissions that are difficult and costly to amend. A template serves as a base for creating a new, customized agreement. When drafting a film agreement template, basic information regarding the parties, rights and obligations of the parties and a timeline should be included.
Before drafting an agreement template, consider whether the template will be for one party or for all parties. Consider also whether the template is for a specific creative function in film, such as a director agreement template, cinematographer agreement template, editor agreement template or production company agreement template. Such templates are tailored for the specific role in the production of a motion picture or television program.
One method for organizing your template is to divide the relevant sections into articles or chapters (e.g., Article I: Rights, Article II: Obligations of the Parties, Article III: Payments, Article IV: Representations and Warranties, Article V: Indemnity and Insurance, Article VI: Governing Law and Article VII: Miscellaneous). Organizing by chapter allows each party to quickly ascertain the relevant sections for negotiating. For example, an actor or actress will likely be most interested in the compensation and credit provisions. An executive producer may focus primarily on budget and audit provisions, while a director could be most concerned with compensation and creative control.
When drafting a film agreement template, use the same terms throughout the agreement and remain consistent in section titles to avoid confusion. For example, if you plan to use "Full-Time" and "PT" at different times in the agreement, in all instances refer to "Part-Time" as PT when referring to the same thing. Similarly, if "Executive Producer" is capitalized when first used, capitalize every use in the agreement.
It can also be helpful to number each paragraph, particularly if the agreement is lengthy and the parties may refer to specific sections and subsections of the agreement. Once the agreement is drafted, revise, proof the agreement and mark up the agreement template with handwritten notes citing concerns or questions regarding the agreement’s language or intent.
As with any legal document, take caution in creating a film agreement template. If you are unsure about any of the provisions, seek assistance from an attorney with experience in film and entertainment law.
Film Agreement Template Resources
A plethora of resources can be found online, which offer a wide range of reliable film agreement templates. Online legal services such as Rocket Lawyer and LegalZoom provide professionally written templates, which can be tailored to meet specific needs. These services generally offer a basic template for free, while charging a fee for more sophisticated agreements that include detailed clauses or multiple parties.
Additionally, some film schools have developed model contracts that align with industry practices. For instance, the American Film Institute provides various templates that can be adapted to suit different productions. These models have been vetted by industry practitioners and can serve as a solid foundation for most projects.
Local entertainment commissions or industry associations also frequently offer resources for filmmakers . For example, the San Francisco Film Commission and the Screen Actors Guild both provide a number of templates for a variety of services. Users can find commercial production paperwork, standard production contracts, model releases, location agreements, and even crew contracts.
Online research will result in many reliable samples, but a word of caution is advised. Automated or self-generated templates without a professional review can be deceptive. Even if they appear perfect on the outside, they may contain severe holes on the inside. The simplicity or flexibility of templates may also result in issues. Complex deals, for example, often require a custom contract, not a template. If you choose to apply an online template, be careful to confirm that the service you are using is professional.
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