Content production involves various stakeholders pitching their input in the production process. One sure way to avoid going from set to court, is to ensure that there are binding agreements for all elements and people in production.
Working with an experienced Producer/Production Company such as March 31 Media on your project reduces the risk of legal nightmares, and having produced more than 10 content titles across multiple genres and broadcast on reputable platforms, here are 9 binding agreements we recommend for use in content production:
- NON DISCLOSURE AGREEMENT
NON DISCLOSURE AGREEMENT popularly called NDA, binds the receiving party from sharing confidential information they receive to do preliminary work, understand scope of project or for negotiation purpose. This is typically the first document that gets circulated. It is important to send this to anyone (cast or crew) before proceeding to share your content idea or script with them.
- WRITER’S AGREEMENT
WRITER’S AGREEMENT is an agreement with a writer that details the types of right that the production has over the story or script. These rights range from Option Right, Right to First Rewrite, Outright Sale of Script etc. Key feature of this Agreement is transfer of rights from the writer (who is the copyright holder) to the Producer, Production company or any other third parties the Production Company deems fit.
- CREW CONTRACT
CREW CONTRACT is an agreement with crew members highlighting job tittle, work hours, pay and benefits, payment structure, duration of engagement. It should also clearly spell out expectations for copyright and transfer of rights, confidentiality agreement and notice period/modality for termination of agreement.
- CAST CONTRACT
CAST CONTRACTis an agreement with on-screen talents, also known as Actor’s Contract or Host Contract, depending on the type of Cast engaged. This grants permission for a Producer/Production Company to use the IMAGE, LIKENESS, VOICE, NAME and PERFORMANCE of a person in their production. The Cast Contract is issued to cast members with more appearances and stake in the creative project.
- TALENT RELEASE FORM
TALENT RELEASE FORM also called a Performance Agreement, is an abridged form of a cast contract, often used for one-off performances within a movie or TV series. You may also use this for performers who have very minimal screen-time or role in your project.
- LOCATION AGREEMENT
LOCATION AGREEMENT is executed with property owners for the use of their space. If there are fees involved, and shoot hours’ limitation, it is highlighted in this document. Details of what the location will benefit from the Production, such as mentions, montage of their space, showcase of their features, are also captured in the Location Agreement.
- MUSIC LICENSE AGREEMENT
Media projects feature a wide variety of sounds to enrich the viewer experience. Some of these sounds are recorded on the field or in the studio, while others are sourced from existing music library or from music artistes/producers. It is important to agree on the use of music, duration, scope and number of years the license covers. This forms the basis of music license agreement.
- PRODUCTION AGREEMENT
PRODUCTION AGREEMENT is issued by a commissioning party to a production company for the production of a movie or TV project. The commissioning party may be a broadcast platform, a distribution company, a brand or an agency. The production agreement details the title and form of content, number of episodes (where applicable), synopsis, total budget, copyrights (and transfer of rights), production timeline, payment structure.
- LICENSE AGREEMENT
LICENSE AGREEMENT – At any phase during your production, you can arrange with a distribution/broadcast company for the specifics of broadcast for that content. In that case, you sign a license agreement, stating how long the platform has the rights to show your work, and whether those rights are exclusive or non-exclusive. License agreement allows a producer to have flexibility over their work.