5. Relationship with the Service Provider. The parties agree that the Service Provider shall provide the Services under this Agreement and act as an independent contractor and not as a collaborator. This Agreement does not create any partnership, joint venture or other fiduciary relationship between the Customer and the Service Provider. Film producers, note: Be clear and concise when hiring. It will help to avoid conflicts with copyright on the street. If you`re a filmmaker who wants to be hired for your next job, be sure to discuss what to do with that copyright in every contract you sign with an employer. You`ll probably have to give it up in the end, but that`s the price to pay to keep working in a field you love. And if you`re an employee in the film industry where job security is scarce, you may not have the copyright to your work, but you may be sad to have a stable job. Producing an independent feature film is no small feat and often requires a lot of negotiations and agreements at all stages of production, from pre-production to post-production to production. This article briefly discusses the types and diversity of chords most used in an independent feature film.
However, this is by no means a complete list of chords that might be needed to produce a feature film. Future producers should be aware that each film has its own independent problems and requires its own list of agreements. Sometimes it may be necessary and prudent to hire a lawyer who specializes in film and has extensive experience in this field. A rights purchase agreement is used when a producer wants to buy a script or story directly from an author or other owner. In general, these agreements are known as “assignment of rights” and often involve the long-term sale of “unique and exclusive film, television, photographs, merchandising and commercial rights, as well as all related and complementary rights throughout the universe.” Simply put, a rights purchase agreement provides for the purchase of all the rights related to a film, not just the rights to purchase the script. This is not as new a problem as you are proposing. It is precisely this topic that I addressed in the context of admission contracts in the mid-90s in an article for the Hastings College of the Law Communications and Entertainment Law Journal of the University of California. Voir The Work Made for Hire Doctrine and California Recording Contracts: A Recipe for Disaster, 17 Hastings Comm/Ent L.J. 587 (1995).
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