ASK & DISCUSS INDEX

11 years, 10 months ago - John David Clay

Betty,

You could try filmcontracts.net. I've used it a few times before that should have at least one sample of what you're looking for.

Best of luck!

John

11 years, 10 months ago - Paddy Robinson-Griffin

Franz - optioning agreement? Then find someone to buy the screenplay and let their lawyers deal with the chain of title?

11 years, 10 months ago - Paddy Robinson-Griffin

http://www.own-it.org/ anything suitable there?

11 years, 10 months ago - Paddy Robinson-Griffin

Hiya, the problem is that there is not one-size-fits-all contract, every single negotiation is a negotiation. If anyone who isn't a lawyer makes representations about which contract is right or best for you, and you wind up having legal problems and sueing, well you can see how that ends badly. I know you think that's an unlikely scenario, but you'd also imagine the situation where actors took unpaid roles then sued for minimum wage would also not happen. We live in litigious times.

With those sites, the contracts are professionally drafted but also use of those contracts has to disclaim all responsibility for their use. As it's your gig, you need to be the one agreeing those terms. Have you tried searching the link I suggested? Clicking 'Get Contracts/Film & TV' came up with http://www.own-it.org/contracts/12/category which is a good starting point I hope.

Fact is if your friend can't access any of those sites, you can't search one of those sites for a sample agreement, and she isn't in the UK, then a contract drawn up under UK law isn't necessarily what she needs anyway. But I don't know, I'm not a lawyer, and that's kind of the point.

11 years, 10 months ago - Betty Martins

Paddy. I am just asking here as I lack complete knowledge on this. My friend is in a position where she cannot access these resources at all, so I thought of asking people that have better experience than me, that perhaps went through similar situation and would be able to help. That is why I posted my question here. Thank you for your advice.

11 years, 10 months ago - Paddy Robinson-Griffin

There is indeed a charge, they're actually dirt cheap though compared with any lawyer who'll be at least £150++/hour!

The other option is to write a plain English agreement between the two parties and avoid legalese. Words have very precise meanings in law, so avoid cool legal sounding words. A contract is just an agreement in times of peace about how you will resolve things in times of war. The important thing is to have the conversations upfront about who owns what, who pays who what, when, what for. What happens if one or the other party wants to cancel the agreement, and how you plan to resolve any disagreements you didn't even think of when you had the discussions. It is still perfectly binding especially if the intention is clear. Better an accurate plain language agreement than a botched legalese one. If one party needs to one day sue the other, it's perfectly acceptable in court. Best practice is 2 copies, both sign each, ideally with witnesses but not essential, each keep a copy to refer to if needs be.

11 years, 10 months ago - Paddy Robinson-Griffin

Just an additional note of practicality, it's easy to think of what you'll do if things go right, much harder for of things go wrong... but that's the time when you need to go back to the agreement. Make sure you/they think through all the bad stuff as well. Also worth being clear about who will own what portion of what material - can the director take the footage into another project or library, for instance? Would the producer expect to retain exclusive rights? There's no such thing as being pedantic at this stage, and it is a million times easier to have these conversations now, up front, than when there is money involved which changes everything in a heartbeat.

11 years, 10 months ago - Betty Martins

Excellent Paddy! Thank you so much!! That's what I thought actually was better to do, but was worried if in the case the contract would actually have a legal value. Will pass this on ! Really appreciate your help!

11 years, 10 months ago - Betty Martins

Yes, I agree. I had a problem in the past actually, but was my first project and everything was sort of made "between friends". Although I was the one developing the project, producing and directing, the person who was filming retained all the footage and disappeared with it. This is a very sad story which traumatised me a bit. That is one of the reasons I am not so confident when it comes to contracts.
Thanks a million Paddy!

11 years, 10 months ago - Paddy Robinson-Griffin

We aren't lawyers. There are no standard contracts, just different contracts, so recommending one over another is something your friend needs to take responsibility for.

We've sent 3 online resources, so your friend outside the UK can find them. You need to do the last bit of legwork yourself I'm afraid - or get a lawyer who is qualified to give you specific advice.

11 years, 10 months ago - Betty Martins

Daniel, thank you very much! She is the director, yes. I think she will follow all advices here and draft a contract with everything detailed, she will also look for some legal advice through a lawyer. I really appreciate all the help here! You all helped a lot! :)

11 years, 10 months ago - Betty Martins

Thank you :) And thank you all!!

11 years, 10 months ago - Betty Martins

Hi all!!! Thank you!! This is actually for a friend of mine who is not in the UK and finding a bit hard to find this.
Is it possible you guys send me a normal template of a contract between a director and a producer and we can edit and add the specifications in this particular case.

Thanks a lot!!!
Betty

11 years, 10 months ago - Daniel Cormack

A producer who got involved in the post-production phase? Is this producer funding the post-production and therefore looking to take some interest in the rights and revenues? Or is the director hiring the producer to do a job?

Are you asking on behalf of the director or the producer? I got the impression, though I may be wrong, that your friend is the director and has been offered a contract which is a total rights grab and is wondering if this is industry standard - am I right?

I can only really speak about the UK. Wihch country is your friend based in and which jurisdiction would the contract be? (Most contracts have a boiler-plate clause saying the contract is based in a certain country - I think most of the ones I've had say England and Wales. Bear in mind that some of the pro forma links etc posted here are based on UK law and jurisdiction.

Some things to consider would be:

- If there is a share of profits how is that defined? Look very carefully at the contract's definition of Producer's Net Profits. Anyone with clout asks for a percentage of the gross as they know that there are a billion ways of a producer showing no profit.

- If rights are being licensed or assigned is there an advance or minimum guarantee. Advance is paid up front, so better for the person assigning the rights.

- Expenses

- Length of engagement and what happens if it overruns...

- Rights of the director to first cut / final cut and access to grading and sound mix etc

By no means comprehensive, but worth a thought.

Finally, most contracts I've signed have a confidentiality clause. Your cagey-ness, whilst I'm sure it stems from the most noble of motives, is not encouraging people to give you the adivce / pro forma contract you need and also without that information it's pretty hard to offer anything than general thoughts which can be found on myriad of sites elsewhere

11 years, 10 months ago - Helen Jack

Might be something here: http://britdoc.org/resources

11 years, 10 months ago - Franz von Habsburg FBKS MSc

Yes Betty. Your words "between friends" can be where it all falls down. I'm looking for a template between book author and writer of screenplay adaptation so will now search the above links kindly given as the Writers' Guild doesn't have one. Does anyone out there know of something?

11 years, 10 months ago - Betty Martins

Hi Paddy, thank you! I understand this is more complex than I thought! I will pass this message and your advice to her. I had a look at the link but was surprised you have to pay for getting the contract? Perhaps I read it wrong.
Thank you!!

11 years, 10 months ago - Paddy Robinson-Griffin

Glad to have helped :)