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How should I structure agreements with producers, directors, and other key personnel?​

Formulating agreements with producers, directors, and others requires very careful considerations of several factors, including compensation, roles, and intellectual property among other things.

  • Specific roles

Make clear each individual’s specific role and responsibilities. Ensure the power structure and division of authority is clear between all involved. 

  • Compensation

You have to make clear how much each individual is getting paid, and ensure that a method of payment is in place. Additionally, take into account equity participation and performance bonuses. 

  • Intellectual property

Define who is the owner of the intellectual property of the film. Most often it goes to the production company, but this can vary. 

  • Conflicts of interest and exclusivity

Decide if people working on the film are permitted to work on projects at the same time, and if they are, ensure that parties aren’t working with competitors. Of particular importance to directors and producers. 

  • Term and Termination

Clarify the duration of the agreement  and in what condition either party can terminate the contract. Create penalties and provisions for early termination.

  • Confidentiality

When creating a film, it is of the utmost importance that you ensure that all key parties sign non-disclosure agreements to prevent sensitive information from being released to the public. 

  • Distribution

Make sure to clarify the level of involvement key personnel will have after the initial filming phase of the project. Define the role of the producer in distribution.

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