contracts entertainment law
TRANSCRIPT
Patents | Copyrights | Trademarks | IP Management | Design Patent / Industrial Design
IP Licensing & Commercialization | Contracts & IP Transactions | IP Audit & Mining
Entertainment & Media Law | Take Down & Enforcement | Sports Law | E-Commerce Law
Web: www.bananaIP.com
Blog: www.sinapseblog.com
(Formerly BrainLeague IP)
CERTIFICATE COURSE ON ENTERTAINMENT LAW
CONTRACTS
MEDIA AND ENTERTAINMENT
CONTRACT
• IT IS AN AGREEMENT BETWEEN PARTIES TO DO OR
NOT TO DO A CERTAIN ACT
• AGREEMENT GIVES RISE TO OBLIGATIONS OR LEGAL
DUTY THAT IS ENFORCEABLE AS AN ACTION AT LAW
PREREQUISITES
• PARTIES CAPABLE TO CONTRACTING
• MUTUAL CONSENT
• LAWFUL OBJECT
• SUFFICIENT CONSIDERATION
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FILM RELATED AGREEMENTS
ACQUISITION• ARTISTS • AUTHORS• RECORDING ARTISTS• PERFORMERS• DIRECTOR• LINE PRODUCERS• CHOREOGRAPHER• FASHION DESIGNER• ART DIRECTOR• USAGE OF THIRD PARTY IP• ……AND SO ON
LICENSING OUT
• MOVIE/ MUSIC/ IMAGES/ OTHERS
• SATELLITE/ TELEVISION
• DIGITAL
• AIRLINE/ SHIP/ RAIL/BUS
• MERCHANDISING
• OTHERS
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ARTIST AGREEMENTS
• IMPORTANT AND MOST NEGOTIATED CLAUSES ASSIGNMENT OF RIGHTS OBLIGATIONS OF PARTIES
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ARTIST AGREEMENTS
CREDITS
COMPENSATION
TERMINATION
ANY RESTRICTION ( ENDORSEMNT RELATED)
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AUTHORS AGREEMENTS
• MUSIC COMPOSERS
• LYRICITS
• STORY WRITER
• SCRIPT WRITERS
• DIALOGUE WRITERS
• BACKGROUND MUSIC COMPOSERS
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AUTHORS AGREEMENTS
• IMPORTANT AND MOST NEGOTIATED CLAUSES
TRANSFER OF RIGHTS
ASSIGNMENT VS. COMMISSIONED WORK
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RIGHTS
• Accordingly, Producer being owner of the entire copyright in the Deliverables shall have all rights including but not limited to the sole and exclusive rights to do or authorise the doing of any of the following acts in respect of the said Deliverables or a substantial part thereof, namely:
• (a) to reproduce the Deliverables or sound recordings/audio visual songs/ or any other format embodying the Deliverables and the storing of the Deliverables in any medium by electronic means;
• (b) to issue copies of the Deliverables to the public, in all or any formats;
• (c) to perform the Deliverables in public or communicate them to the public in any medium by any means or technology;
• (d) to make any cinematograph film or sound recording in any format in respect of or including the Deliverables;
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RIGHTS
• (e) to make any copy of any cinematograph film made in respect of orincluding the said Deliverables in any format including but not limited to aphotograph of any image forming part thereof;
• (f) to sell or give on hire or offer for sale or hire any copy of the said Filmor any cinematograph film or sound recording made in respect of orincluding the Deliverables in any format regardless of whether such copy hasbeen sold or given on hire on earlier occasions;
• (g) to communicate the Deliverables to the public in any format bybroadcast by means of television or radio or other broadcasting mediumincluding any means of simultaneous communication existing or future andwhether the Deliverables are communicated to the public live or as recordedin any other format or medium including but not limited to sound recordingsand cinematograph films by broadcast of the said format or medium;
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RIGHTS
• (h) to communicate the Deliverables to the public or make them available to the public in any format in any medium by any technology whether simultaneous or non-simultaneous, including but not limited to the Internet or any form of telephony, or by any other means of display or diffusion;
• (i) to exploit the Deliverables directly or indirectly by any means including but not limited to the doing of any of the acts specified hereinabove; or
• (j) to make any translation or adaptation of the Deliverables or to exploit the said translation or adaptation by any means including but not limited to the doing of any of the acts specified hereinabove.
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FUTURE FORMATS
• IS ASSIGNMENT OF FUTURE FORMATS ALLOWED?
•CAN BE DEFINED 10th October, 2015 Confidential 13
AUTHORS AGREEMENTS
• COMPENSATION
• CREDITS
March 2014 Confidential 14
AUTHORS AGREEMENTS
• ROYALTY - ISSUES
• WAIVER OF MORAL RIGHTS
• TERMINATION
• INDEMNITY – COPYRIGHT VIOLATION
• BOILER PLATES
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USAGE OF THIRD PARTY IP/ IN FILM BRANDING
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USAGE OF THIRPD PARTY IP
• TERM - PERPETUAL LICENSE
• TERRITORY
• ONLY AS PART OF THE FILM
• MODE AND MEDIUM
• PROMOTION
• BONAFIDE MANNER
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OTHER AGREEMENTS
• RECORDING ARTISTS
• PERFORMERS
• DIRECTOR
• LINE PRODUCERS
• CHOREOGRAPHER
• FASHION DESIGNER
• ART DIRECTOR
• ……AND SO ON
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LICENSING
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MOVIE
MERCHANDISING
TELEVISION
DIGITAL
MUSIC AUDIO AND
AUDIO VISUAL
RADIO / RADIO JINGLE/
PHYSICAL FORMATS
ADVERTISEMENTS
AIRWAYS/ RAIL/ BUS /
CRUISE
REMAKE, THIRD PART USE, HOSPITALS, LIVE
EVENTS, GROUND PERFORMANCE OTHER COMMERCIAL USE AND
OTHERS
EXAMPLES – RADIO JINGLE/ LUX ADVERT
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LICENSE AGREEMENTS
• IMPORTANT CLAUSES
• DEFINITION
GRANT OF RIGHTS
NATURE OF RIGHTS – EXCLUSIVE AND NON-EXCLUSIVE
TERM
TERRITORY
PLATFORMS
MEDIUM
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CLASS EXERCISE
• VIDEO
• LICENSE
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SAMPLE CLAUSE
• In consideration of the full and timely performance of theobligations and undertakings of the Licensee, and the terms of thisAgreement and subject to and conditional upon their full and timelyperformance and observance, the Licensor hereby grants to theLicensee, a non-exclusive, non-transferable license for unlimitedAirings of the Licensed Work(s) on the Channel(s) during the Termand within the Territory in accordance with the terms set forthunder this Agreement:
To broadcast, communicate to the public and exploit the LicensedWork(s) only in the Programs as defined above, on the Channelsthrough the Platforms within the Territory for the Term.
To use the Licensed Work(s) only in Hindi language To use the Licensed Work(s) continuously for a duration of not more
than 180 seconds in a single instance.
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RESTRICTIONS ON LICENSE
• Restrictions on the License: The License granted hereundershall not cover or rest with the Licensee, the right:
• To use the Licensed Work(s) in any language other thanHindi;
• to use more than three Licensed Work(s) back to back; and• to use as the theme or title song of Program(s);• to alter the fundamental character of the music of the
Licensed Work(s);• to alter, amend, adapt, or in any other manner change the
Licensed Work(s), or any parts thereof, in a manner notauthorised herein;
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LICENSE AGREEMENT
• RESTRICTION ON LICENSE
• CONSIDERATION
• INTELLECTUAL PROPERTY AND CONFIDENTIALTY
• REPRESENTATION AND WARRANTIES
• INDEMNITY
• TERMINATION AND ITS CONSEQUENCES
• RIGHT OF FIRST NEGOTIATION/ RIGHT OF LAST REFUSAL
• BOILER PLATES
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READING MATERIAL
• WWW.SINAPSEBLOG.COM
• MARK LITWALK - CONTRACTS FOR FILM AND TELEVISION INDUSTRY
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Thank You
Contact Us:
Sharada Kalamadi
Associate Partner - BananaIP Counsels
Email: [email protected]