I need to know what specific entertainment contract to use
I have a production company and the company is going to put money in with someone else to buy the rights to a foreign film to be remade in english. what kind of contract do I need to create to do a partnership with this other person. My company is supposed to be able to produce it and I will be a producer in the film. Is an NDA enough or do I need something else indicating our role in this project because of our investment in the rights of the film
Attorney answers (3)
Pamela Koslyn
Reputation Level 20
Answered over 2 years ago.
Entertainment Lawyer in Los Angeles, CA.
If your production company hasn't acted as a producer before, and your question about an NDA sounds like it hasn't, you should get an entertainment lawyer to draft the contracts you need, which are significantly more complex than what you seem to be assuming.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
1 person marked this answer as good
Timothy D Thulson
Reputation Level 6
Answered over 2 years ago.
Entertainment Lawyer in New York, NY.
Ms. Koslyn is right: find a lawyer who'll work with you.
I can give you two basic reasons for that (and it's not that we think everyone should get a lawyer for everything -- really!).
First, it's our job to study all the eventualities that might come up in a production deal. There are a lot of ways a deal can go right or wrong, and the agreement needs to anticipate them.
Second, there are a lot of background laws that could potentially apply to the kind of thing you're discussing, and you've got to understand how they work. Taxes are involved, and multiple jurisdictions; court cases and statutes fill out what the various provisions of your agreement mean. Getting a lawyer involved will smooth your way through all of this. It's a sound business investment that saves heaps of trouble down the road.
Good luck!
Lastly, since the law is complicated, here are my standard disclaimers: without entering into a confidential attorney-client relationship, lawyers can't give you legal advice on which you can rely. Laws vary by state, and their application depends on often-intricate details of the facts and circumstances. As such, this answer can be a description of certain general legal principles, but it's not legal advice. I hope it's helpful to point you in the right direction, but you shouldn't rely on it. And, especially in this public forum, it doesn't create a confidential attorney-client relationship.
Kaiser Wahab
Reputation Level 14
Answered over 2 years ago.
Business Attorney in New York, NY.
Based on your question, it sounds like this situation calls for a co-production agreement. Some of the issues that you have to address are ownership of the copyright(s), managerial control, capital calls, credits, etc. This is not a form contract situation either. Also, there are may other issues that flow from this arrangement that may require other contracts and filings. For example, have you both started a production vehicle (e.g., LLC) to acquire the rights to the film? Have you properly identified the rights holders for a remake and the licensing issues (which will necessitate another agreement between your entity and the rights holder) that may have to be addressed?
So I suggest you contact a local attorney to receive guidance. Good luck with your production.
Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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