Does the following mean that I would not be allowed to act in another project during the term of this contract?

Asked about 1 year ago - New York, NY

NAME AND LIKENESS: Producer shall have the exclusive right to use and to license the use of Actor’s name, sobriquet, photograph, likeness, voice and/ or caricature and shall have the right to simulate Actor’s voice, signature and appearance by any means in and in connection with the film and the advertising, publicizing, exhibiting, and/ or other exploitation thereof in any manner and by any means and in connection with commercial advertising and publicity tie-ups. The Actor further acknowledges that the Production Company owns all rights to the Picture.

The Actor hereby grants to the Production Company, all rights of every kind and character, in perpetuity, in and to the Actor’s performance, appearance, likeness, name and/or voice (the “Performance”)

Additional information

[edit] The Actor hereby grants to the Production Company, all rights of every kind and character, in perpetuity, in and to the Actor’s performance, appearance, likeness, name and/or voice (the “Performance”) in connection to the series*

Attorney answers (4)

  1. Richard J. Chertock

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . The paragraphs you quoted here do not say that you work exclusively for the production company. It seems to refer to a single picture or project, however, it would be impossible to give an accurate answer without reviewing the entire contract. Bring the contract to an entertainment attorney for review to get a proper answer.

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  2. Edwin Drantivy

    Pro

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . You have not listed a non-compete provision here, however there can certainly be one somewhere else in the contract.

  3. Maurice N Ross

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No. This is simply standard language that allows the producer (and only the producer) to use your make and likeness in connection with this project. Nothing in this language prevents you from working on another project.

    However, my guess is that you have been given a rather complex agreement by your producer that contains many other potential zingers. I see these deals all the time, and I regularly represent musicians and actors in them. I inevitably demand changes to the forms that these producers use, and I am almost certain you would benefit from such changes. Rather than raise this one issue, you need a lawyer to review the entire agreement. If you are serious about your acting career, don't be foolish enough to think you can read and understand this stuff without an experience lawyer (or without assistance of your agent if you have one). It is good that you recognized the need to raise this question, but you need far more assistance than on this one issue---which I am confident is one of many in the agreement.

  4. Bruce E. Burdick

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . This clause does not restrict you in acting on another project, it ties you to the Producer for the specific film.
    "in and in connection with the film and the advertising, publicizing, exhibiting, and/ or other exploitation thereof"
    If you are concerned about a non-competition agreement, you need to look elsewhere. Better yet, since you don't know that, you should take the agreement to someone who will. That someone is an Intellectual Property law attorney or Entertainment law attorney or Employment law attorney or Contract law attorney for a review.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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