ASK & DISCUSS
INDEXDo I need to copyright my film before this rights transfer?
12 years, 2 months ago - Jinan C
Hi Shooters,
I just receiving post-production (completion) funding for a documentary film of mine, and the requirement for signing the contract is that I have to sign as part of a production company. I am now in the process of registering my own limited company in the UK, but the other issue is that I need to be able to legally demonstrate that this company (my company) owns the full rights to the (my) film!
The question is, do I need to copyright my film and then sign it over to the company in a legally attested document? Or do I just need to copyright the film as the sole director of the soon-to-be limited company? Or do I not need to do any of this because the film is automatically copyrighted by its being tangibly in existence? I've read many mixed things on all of this, so any advice would be hugely appreciated!
Thanks in advance.
J
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Response from 12 years, 2 months ago - Jinan C SHOW
12 years, 2 months ago - Daniel Cormack
You don't *need* to register copyright for it to exist- the authors of the film (director and producer) own this automatically. (You can register titles and copyrights - this makes identifying and protecting intellectual property rights easier - so check the the delivery materials to see if they have listed this as a requirement).
What your funders will want to see is "chain of title". As you and the company are separate legal entities and they want to do a deal with a company, you will need to assign or licence your copyright to the company.
You will also need to assign any third party copyrights in the film, for example music, photographs, etc.
Best to speak to a lawyer in terms of getting contracts drawn up. Also make sure you get a list of delivery materials from the funders who are offering the contract,
Response from 12 years, 2 months ago - Daniel Cormack SHOW
12 years, 1 month ago - Daniel Cormack
Your best bet is to put these questions to the funders. In my experience, they are the ones who write the contracts, not you (although you can always ask for changes).
I do know that you and the company are separate legal entities. The document you appear to be describing is the rights transfer.
If you pick up the phone to an Intellectual Property laywer, they will probably cover all these questions in your initial (free) consultation and then give you a quote for the work to draw it up. But as I said, it's normally the funders who draw up the contracts, not the person they are funding.
Response from 12 years, 1 month ago - Daniel Cormack SHOW
12 years, 1 month ago - Charles Harris
Hi Jinan
Your questions are absolutely right, and you absolutely do need to consult a media lawyer, one who knows about film and is up-to-date.
The horror-story could be that you finish your film and find that for some legal reason you can't show it anywhere, and it costs more time and money to fix things afterwards than before.
The good news is that a friendly media lawyer may (if asked nicely) do all you need for next to nothing (or even for free) - on the basis that you could be a player one day and the next contract could earn them big bucks. It's always worth asking.
Good luck - but get those contracts right!
Charles
Response from 12 years, 1 month ago - Charles Harris SHOW
12 years, 1 month ago - Amy Mathieson
Hi Jinan,
Now you have a registered company all your consent forms/location agreements etc.. Need to be on company headed paper. It may mean getting them re signed but will be proof your company owns the film. Film copyright is equally owned 50/50 by director and producer so you need to be aware of that if you have someone else involved. If you are also looking for distribution and to properly get your film out there (which I assume you are) then join Pact it will cost you around £400 and they will proved you with most of the free legal docs you need for this entire process and can offer legal support anytime. I went through the same process as you and totally recomend it. In the grand scheme it's minimal expenditure and everything you have done will be properly covered. You're almost there and great you have post funding-my advice is to get it done properly. Best amy
Response from 12 years, 1 month ago - Amy Mathieson SHOW
12 years, 1 month ago - Jinan C
Thank you folks. Your advice has helped a lot! I am getting it sorted and consulting a lawyer. Best, J
Response from 12 years, 1 month ago - Jinan C SHOW
12 years, 1 month ago - Jinan C
Hi Daniel/Shooters,
Just a follow up question: since I (the filmmaker) am also the sole director of the company I have just incorporated, couldn't I simple draw up a document in which I state that the full film rights now belong to the company and just have that notarised and legalised - as opposed to paying a great deal more for a "chain of title" / rights transfer?
Myself and the company are one and the same, so is a "transfer" even necessary?
Thanks for all your help.
Response from 12 years, 1 month ago - Jinan C SHOW