Navigating contracts in the film and tv industry: my insights on The Film and Distribution Podcast

I recently had the pleasure of being a guest on The Film and Distribution Podcast by Amber Williams of Whirleybird Productions, where I discussed the legal intricacies involved in taking a project from an initial idea to being shown on TV or in cinemas. I love podcasts and was thrilled to share my insights on what to consider - both in terms of contracts as well as in terms of interacting with funders and financiers. 

You can listen to the podcast here: https://www.whirleybirdproductions.com/podcasts or on your favourite podcast app.

Chain of Title: Producer’s need to secure a sound legal foundation

One of the fundamental points I address in the podcast is the importance of a clear chain of title. This legal concept involves documenting and verifying the ownership history of your project to ensure all rights are properly acquired by your production company. For example, if you want to make a film based on a book, you would need to enter into an option agreement with the person who owns the rights to that book. I’ve written extensively about option agreements on my blog - see here, for example. If your project is based on your idea and you want someone else to write the script, then you’d need a scriptwriter agreement. You can read about scriptwriter agreements here. If you are taking over from another production company, then you’d need to review everything they’ve done so far and are likely to be entering into an assignment agreement with them. Whichever route your project requires, it’s imperative to secure all necessary rights from the start, to prevent legal disputes later down the line. Any financier or funder will examine your chain of title, too - so get your ducks in a row as soon as you can. Without a clear chain of title, you expose your project to significant legal risks that could halt its progress.

Essential Contracts: everyone needs to sign before the cameras start rolling.

In the podcast we also delve into the various contracts necessary for you as producer need to get signed by everyone on or off the set. In addition to your chain of title contracts, you need contracts with all of your cast and crew. They should clearly set ou each person’s role, responsibilities and compensation. And of course everyone will need to know what credit they will get at the end of it all.

Timing Your Approach to Financiers and Funders

Timing is crucial when approaching financers and funders. On the podcast I talk about when it’s best to approach potential funders (i.e. equity funders, angel investors, etc.), as well as financiers (i.e. banks or lending companies). In my experience, some producers leave it too late, which either makes it impossible for the other party to contract everything in time, or, at best, turns pre-production into more of a nightmare than it needs to be. Listen to the podcast to find out more about when I think it’s best to approach funders and financiers.

How to find a good entertainment lawyer

One of the questions that Amber asked me was how to find a good entertainment lawyer. You’ll need to listen to the podcast to find out my full answer on this topic 🙂In short: it should be someone you establish a good rapport with, as you’ll be on the phone with them a lot. It should also be someone who is very clear about the fees they will be incurring - if their fees are part of the production budget, they’d need to be able to cap their fees. If they’re charging on an hourly basis, for example during development or pre-production, then you could ask them to report back to you on certain ‘fee milestones’, i.e. once they have incurred, say 5 hours worth of work, so that you can keep track of how much you’ll be spending at the end of the process.

Conclusion

I really enjoyed being on the The Film and Distribution Podcast and am grateful to Amber Williams for the invitation. Understanding the legal aspects of chain of title, securing the contracts you need to safeguard your and your project’s interests, timing your approach to financers, and finding the right lawyer are critical steps in the journey from idea to screen. I hope my insights provide valuable guidance and help you navigate the complex legal landscape of the entertainment industry.

Tune in to The Film and Distribution Podcast here or on your favourite podcast app to hear the full conversation and gain more in-depth knowledge about the legal processes involved in bringing a project to life!

Any questions?

If you have any questions about the legalese concerning your project, please don’t hesitate to get in touch. I offer an initial call for free so that I can assess whether your matter is something that I can help you with and so that you can decide whether or not you want to work with me. You can get in touch with me here to schedule your free call with me.