Ready, Set, Contract: Key Agreements for Emerging Filmmakers

The beginning of September in Toronto is always marked by the Toronto International Film Festival (TIFF). Actors, film makers, and film moguls come to Toronto to display their works and discuss the film industry. Behind the beauty of each film lies the framework of numerous contracts enabling the successful delivery of the work and setting out the rights and responsibilities of the individuals involved. 

Whether you are making your first film or you have been in the industry for many years, securing contracts to protect your confidential information and securing your rights is vital to the success of your work. Below is a list of key agreements for emerging filmmakers to consider when bringing their film to life. 

Non-Disclosure Agreement (NDA)

When entering into any business relationship, an NDA is a critical contract as it protects information shared during the filmmaking process. 

Rights Acquisition Agreements

A Rights Acquisition Agreement secures the rights of a filmmaker to adapt literary works, stage plays, or other source material for a film. These agreements are crucial as they ensure that adaptations and productions are legally permissible and provide clarity on the scope of rights being transferred. 

Option Agreements

An Option Agreement grants the producer the right to purchase rights to a screenplay or other creative work within a specific timeframe. The producer pays an “option fee” and has a specified “option period” within which to decide whether to purchase such rights at a predetermined price. If the producer exercises the option to purchase, upon payment of the purchase price the producer acquires the rights to the work otherwise, the creator keeps the option fee and the rights to the works revert back to the creator. 

Writer Agreements

A Writer Agreement is an employment agreement that defines the terms for writing a screenplay, including the services to be performed by the writer, compensation, credit allocated to the writer, ownership of the work, and timeline within which the services will be performed. 

Collaboration Agreements

If you are considering working with other filmmakers, writers, or artists, a collaboration agreement outlines each party’s roles, responsibilities, and ownership of the finished work. 

Production Services Agreements

A Production Services Agreement details the services provided by various production companies, such as editing, visual effects, or sound design. The services provided under this type of agreement include development, filming, post-production, financial terms, timelines, and responsibilities of the hiring entity and the production company. 

Location Agreements

If filming on private property, a location agreement is required to protect the production company and ensure legal access to the filming location. This agreement protects the parties by setting out filming dates, location, fees, insurance requirements, and property restoration post filming. This agreement prevents legal issues and potential project delays by setting clear expectations for filming.

Crew Contracts

Crew contracts outline roles, responsibilities, and compensation for all crew members involved in the filming process, including directors, cinematographers, and other key personnel. These contracts clarify expectations, provide legal protection and prevent disputes by addressing the parties responsibilities, pay, meal provisions, travel expenses, and use of crew-owned equipment. 

Cast Agreements

Cast Agreements outline the roles, responsibilities, and compensation for the actors involved in the film, including principal cast, supporting cast, and extras. These agreements define the terms of the actor’s engagement such as working schedule, working conditions, publicity rights, confidentiality and travel arrangements.

Financing Agreements

Financing Agreements outline the terms for investors, detailing the financial structure of their investment and profit distribution. Key components of these agreements include project budget, tax credits, insurance, and payment priorities. 

Distribution Agreements

Distribution Agreements set out the process by which films are distributed, including theatrical releases and streaming services. Key components of these agreements include rights granted to the distributor, the distribution territory, revenue-sharing models, and the distributor’s marketing and delivery commitments. 

Composer Agreements & Music Licensing

Composer Agreements and music licensing covers the use of original music in a film, including licensing fees for the use of pre-existing music. A Composer Agreement defines how commissioned music can be used in a film and grants the producer the right to use such music. Music licensing involves granting permission to use copyrighted music, with the two main types of licenses for audio-visual works being a Master Use License and a Sync License. 

Background Release Forms

A Background Release Form is required for any extras or background talent in the film. This form grants permission to the filmmaker to use the individual’s image, audio and words in the final work. 

To speak with a lawyer regarding any of these agreements, contact us via email at erikamisasi@misasilegal.ca, Instagram @misasilegal, phone at 647-297-5007, or visit our website at www.misasilegal.ca for more information.