ASK & DISCUSS INDEX

10 years, 9 months ago - Marlom Tander

In general UK courts take the view that they like docs drawn up by lawyers, and they like docs drawn up by non lawyers that clearly state the intention of both parties, esp when they relate to projects/people for whom lawyers would have been a killing expense. They hate docs drawn up by non lawyers trying to be too clever for their own good :-)

So, if you can't afford a lawyer, draft a letter stating who the parties are, and what rights the individual is giving on an exclusive basis.

Think about other things that person might want to do, and cover them.

E.G "I, Mr Smith, agree to tell my story exclusively to Mr Director while he makes his film. This is for the purposes of the film and nothing else. During this time I will not Tweet, blog, talk to journalists, publish a book, give lectures, talk any more to my friends in detail, etc without Mr Directors agreement. Mr Director will not engage in any activity related to my story other than the filming and editing of the film, and, once ready, the publicity for it.

This agreement terminates 1 December 2015, after which I am free to tell my story to whoever I like in whatever medium I choose, whether or not Mr Director has completed his film.

In return for this exclusivity I'll be paid a fee of X plus a percentage Y of Definition.

This letter represents our mutual understanding, and if the film is funded, and budgets allow, will be replaced by a lawyer drafted version that achieves the same ends.

ENDS

Now that document has more holes than a B Road after a hard winter, but it should suffice for funding because the funder who wants it nailed down can start by saying "right, here's some cash to pay a lawyer to legal it all up, and once done, the rest will follow". If you actually ended up making the film based on that document, then it would all work until there was a dispute serious enough to end up in court, at which point a judge would make a plain english interpretation.

10 years, 9 months ago - Paddy Robinson-Griffin

+1 for what Marlom says. Either get a lawyer to write lawyerese or bypass them and use plain English. I like plain English as frankly both parties understand it without wasting money/time on (let's face it, often self-serving) lawyers.

Contracts are agreements in peace time for what you'll do in war time, so maybe also include a clause along the lines of what will happen if one party wants to withdraw for any reason (director doesn't get to use your story/you can take all work already completed/copies of interview tapes/whatever to use freely / fee refunded/partially refunded/whatever).

The most important element is the money part - be absolutely clear and specific about that upfront and get it documented. Things that aren't a big deal become one when cash is on the table, so agree everything before money comes along and changes things.