Consulting regarding film rights

Are you a production company, a broadcaster, a film distributor, or seller in the area of film and TV production and require legal advice in preparing, financing, implementing, and evaluating your projects? Are you an actor, director, camera operator or other filmmaker, agent, advertising partner, or user and have an ongoing need for legal advice in designing and negotiating your film right agreements? Are you currently being affected by a violation of a right or legal dispute?

What we offer

For our clients active in the area of film production, TV, rental, distribution, and promotional films, we handle the contractual design of agreements and other legal relationships, a comprehensive review of legal situation, particularly regarding the adherence of the chain-of-title (legal chain) of the copyright and contractual aspects of the planned project, its financial feasibility, and conformance with the rules for funding, as well as the required approvals. We will lead and accompany negotiations with the participating parties and support the film and TV production, from a legal perspective, from development to the exploitation stage and beyond. We will indicate to you any potential risks and notable processes in connection with your projects and will work together with our clients to find solutions for the avoidance thereof and/or a legal solution.

We will advise you regarding the financing and funding and support you in enforcing your position in negotiations and in the financial structuring of restitution and distribution of revenues, even if the project fails. If necessary, we will support you in negotiations regarding errors and omissions insurance, completion bond insurance, and other filming insurance agreements.

Our advice in the area of film rights includes all questions regarding copyrights and the chain-of-title and freedom from the rights of third parties as well as all questions in connection with marketing, sponsorships, distribution and advertising campaigns, the right to your own name, title protection, trademark and identifier rights, as well as IT, telemedia, and e-commerce rights.

We provide advice and representation to actors, directors, authors, camera operators, set designers, musicians, and other filmmakers, as well as agents with regard to the design and negotiation of all necessary contracts, as well as with legal questions in all stages of production.

Our activities also include the tracking of contract violations, copyright violations, or other rights to intellectual property by means of an official warning, in proceedings for a temporary injunction, or complaint proceedings, which are part of the special strength of our law practice due to the many years of practical experience and the technical expertise of the attorneys and specialized lawyers.

Scope of performance

Creating and reviewing contracts to film rights, such as

  • Co-production contracts
  • Co-financing contracts
  • Collaboration contracts (TV station)
  • Financing contracts
  • Deal memorandums
  • Option agreements
  • Exposé agreements
  • Treatment agreements
  • Script/screenplay contracts
  • Story rights/screen adaptations
  • Filming contracts
  • Film clip contracts
  • Music licensing agreements
  • Laboratory access letters
  • Director contracts
  • Actor contracts
  • Performer contracts
  • Camera operator contracts
  • Executive producer contracts
  • Production crew contracts
  • Agency contracts
  • Film score composer contracts
  • Master use license agreements
  • Product placement agreements
  • Presale contracts
  • Theatrical distribution contracts
  • Worldwide distribution contracts
  • Licensing agreements
  • Video distribution contracts
  • Merchandising licensing agreements
  • Contracts regarding ancillary rights (prequels, sequels, remakes, book-to-film, etc.)
  • Location agreements

And general agreements etc.

  • Consulting and representation in all questions of the film rights
  • Rights clearance and representation in copyright, identifier, and competition law, general personality rights, and as regards the miscellaneous rights of third parties
  • Consulting in connection with official approvals
  • Consulting connection with safety regulations
  • Consulting and representation in liability and insurance law
  • Consulting in connection with media exploitation and creating reports
  • Consulting and negotiations with respect to contractual partners in the area of film and TV of all types as well as collecting societies (GEMA, [German Society for Musical Performance and Mechanical Reproduction], GVL [German Collecting Society for Performance Rights], and VG Bild und Kunst [German collection society for images and art])
  • Consulting and representation regarding the law on social insurance for artists

Costs

We normally offer these services to you calculated according to the time spent at a suitable hourly rate. We believe that cost transparency and cost reliability obviously form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.

 

 

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