Key Film and TV Contracts You Need for Any Production
This article explores the essential film contracts required for a successful production, focusing on key agreements for talent, crew, and production. It provides the main aspects of each key contract, from securing the rights of actors and crew members to managing the logistics of the production process. Understanding these contracts is crucial for filmmakers, ensuring that all legal bases are covered and that everyone involved is protected.
Why Film Contracts Are Essential for Every Production
You are not only a filmmaker, but also a business person
If you're making a film, you'll quickly discover that you're not “just” a creative—you're also managing a complex business operation. And like any business, you need the right agreements in place to protect everyone involved.
I've worked with filmmakers at every level, from those making their first short to established production companies, and I can confirm that the projects that run the smoothest are always the ones with solid film contracts from day one. It's not about being overly cautious—it's about creating the foundation that lets everyone focus on the creative work.
Yes, you need a contract
Especially the more inexperienced producers sometimes ask me whether they ‘really’ need a contract. And can’t that be sorted later? Yes, you need a contract for everyone. And No, absolutely everyone needs to sign one before the cameras start rolling. I have seen actors promising to sign later (only to then refuse unless they got a higher profit share). And creative heads of departments falling out with the producer and refusing to ever talk to them again (which can be a huge problem if that HOD has a claim to some copyright share).
The first key consideration is that rights can only be transferred by way of a contract. You cannot transfer rights from anyone creating anything creative (i.e. intellectual property) without a written contract.
The second key consideration is clarity of terms and of your business relationship with everyone else. Think about it: you're bringing together actors, directors, camera operators, sound engineers, editors, and dozens of other people, each with their own expectations and concerns. Without clear film contracts, even small misunderstandings can snowball into major problems that derail your entire production.
Why the pain is worth it (I promise)
The good news? When you get your contracts right, they actually make the creative process easier, not harder. Everyone knows what's expected, what they're getting paid, and how decisions will be made. That clarity frees up mental space for the work that really matters—telling your story.
Having your contracts done and sorted will also be worth it when dealing with financiers (they will want to see proof that you own all the rights) and distributors (they will also want to see proof that you own all the rights). How can you ensure this? Exactly, by showing them your contracts.
Production Contracts: The Backbone of Any Filmmaking Process
I always tell my clients that the production contract is the backbone of any filmmaking process because it establishes who's in charge, who owns what, and how money flows through the project.
Here's what your production contract needs to cover, using the SMART approach that I have developed:
Scope: what is each person’s role?
Money: how much will each person be paid and when?
Assignment (of rights): who will own all the rights? Typically, this will be a special purpose vehicle (i.e. a limited company that you have set up to own all rights and to enter into distribution agreements) - so the question for you might be when to set this up.
Risks: which party will take which risks? Typically producers will take a long of risks because the whole project hinges on them finding the right people, enough money and enough distributors to show the finished product. On the other end of the spectrum are the banks that you might get a loan from - it’s not the bank’s job to take huge risk. They will assess the financial viability of the project and lend an amount that they will deem likely to receive back (whether or not the project is successful).
Timelines: when will each person do what? What deadlines do you have to keep in mind (i.e. maybe your option period expires at a certain point)?
Talent Contracts: Protecting Actors and Creators
There is more to talent contracts than payments, dates and scope of the role. Those are of course important, but the devil is in the detail.
Specifically, you’ll need to consider: working schedules, overtime arrangements, and what happens if shooting runs long. And what about any press or PR activities?
You'll also need to address how the actor's name and likeness can be used in marketing. Some talent will provide you with a pre-approved bio and photographs but you’ll also need to ensure you can add new materials to their marketing pack - typically talent will want to pre-approve anything featuring their image or likeness and you should want to add a deadline, i.e. they need to respond within, say, 5 business days, or your request is deemed pre-approved.
The talent’s credit requirements are equally important. Some cast will also have requirements as to their transportation to and from set (Exclusive? First class? A van with everyone else?), their space on set (private? shared?) and accommodation at the location, in case you’re not shooting near their home base.
On films, cast should be exclusive during production. Some exceptions apply to series, where a cast member might only be needed for a certain ‘block’ of the shoot. You will also want them to available for at least one or two pick ups during post-production and that should be set out in the contract, too. A lot of actors will want clarity on whether their work can be used by AI in any shape or form.
One (other) thing that often gets overlooked is confidentiality. Your talent contracts should include clear confidentiality provisions—you don't want plot details or behind-the-scenes drama ending up on social media before your film is released. Any press announcements should be the exclusive right of the production company. However, your cast can be contracted to, for example, advertise the film on their own social media channels.
Film Crew Contracts: Ensuring Crew Members' Rights and Security
Crew agreements can be more complex than talent contracts because you're often dealing with different roles that have very different requirements.
At their core, they will also be setting out the key commercial terms (payments, dates and scope of the role) and a lot of the considerations that I set out above for talent contracts also apply to crew contracts.
With crew agreements you’ll need to pay special attention to day rates and overtime calculations, working hours and break requirements, what equipment they're providing versus what you're supplying, insurance coverage and safety protocols, and confidentiality and credit requirements.
Don't forget about intellectual property issues. If crew members are creating anything that could be considered creative—like a production designer's sketches or an editor's creative choices—your contracts should include proper assignment of IP and work-for-hire provisions to ensure the production owns all IP.
Additional Key Agreements: Music, Distribution, and Location Releases
Beyond your main production, talent, and crew contracts, there are several additional key agreements you'll likely need:
Music licenses and composer agreements
These contracts are crucial whether you're commissioning original music or licensing existing tracks. These agreements need to be specific about how the music can be used, in what territories, and for how long. Music agreements are amongst the most technical agreements to draft as you need to consider the positions of rights and collection societies such as PPL PRS.
Distribution and licencing agreements
Distribution agreements (or licence agreements) determine how your completed film reaches audiences. To help you find and enter into distribution agreements, you might want to find a sales agent and enter into sales agency agreement with them. As long as the terms of that agreement are clear, your sales agent will be able to enter into and negotiate distribution agreements on your behalf. Distribution and licence contracts should cover which platforms or territories the distributor can use, how revenue will be shared, what marketing support you can expect, and what materials you need to deliver.
Location agreements
Location Releases give you permission to film at specific properties. Even if you're filming at a friend's house, you should have a location agreement that covers access requirements, any restrictions on how the location can be portrayed, insurance obligations, and who's responsible for any damage. Before shooting on location, you should survey the space for any brands that might need to be covered up or any pictures or images on the walls that might have IP attached to them or confidential personal information that would need to be cleared or blurred. Ideally, those items should be removed before you shoot, as that will make your clearance process a lot less burdensome.
Getting Your Contracts Right
I know that dealing with contracts isn't the fun part of filmmaking. You'd probably rather be storyboarding or scouting locations or working with actors. But getting your film contracts right from the beginning is one of the best investments you can make in your project.
The time you spend on proper agreements upfront will save you from disputes, misunderstandings, and potentially expensive legal problems later. More importantly, good contracts create an environment where everyone can do their best work because they know exactly where they stand.
Next Steps
If you're working on a film project and want to make sure your contracts are protecting both you and everyone you're working with, I'd be happy to help. I offer in initial free consultations where we can discuss your specific needs - get in touch here to schedule your call.
NB: I’m qualified to advise on matters of English (UK) law. If you need help on US law matters, I’m afraid I won’t be able to help you.