As an experienced contracts lawyer, I’ve seen my fair share of video production projects – from simple corporate promos to complex commercial shoots spanning multiple locations. Having the proper agreements and releases in place is absolutely critical for any video endeavor, whether you’re working with a production company, hiring talent, licensing footage, or navigating the complexities of filming in a public space.
In this guide, I’ll walk through all the essential agreements you need to have buttoned up before embarking on a video production project. I’ll provide sample contract language you can use as a starting point, highlight the key clauses to include to protect your interests, and discuss some common variations and considerations for different scenarios.
By the end, you’ll have a solid grasp of the legal framework required for a successful video production that keeps all stakeholders properly aligned and safeguarded. Let’s dive in!
The most foundational contract for any video project is the Video Production Agreement between the party commissioning the video (the “Client”) and the party producing the video (the “Production Company”). This master agreement governs the overall terms of the engagement, including scope of work, timeline, deliverables, payment, and ownership of intellectual property.
Some key clauses to include:
Here’s some sample language to get you started:
“Production Company shall produce one (1) video approximately three (3) minutes in length in accordance with the script, storyboard and/or creative brief approved by Client, attached hereto as Exhibit A (the “Video”). Production will take place between [DATE] and [DATE] according to the schedule in Exhibit B. Client shall pay Production Company a total fee of [AMOUNT], payable as follows: (1) 50% upon signing this Agreement, (2) 25% upon completion of principal photography, and (3) the remaining 25% within 15 days of delivery of the Video in accordance with the technical specifications in Exhibit C.
Upon receipt of full payment, Production Company hereby assigns to Client all right, title and interest in and to the Video (excluding any pre-existing materials or third party materials embodied therein). Production Company retains the right to use the Video and excerpts therefrom solely for its internal portfolio and self-promotional purposes. Raw footage shall remain the exclusive property of Production Company.
Both parties represent and warrant that they have full authority to enter into this Agreement and that the Video will not infringe or violate the rights of any third party. The parties agree to indemnify and hold each other harmless from any losses or claims arising out of a breach of the foregoing warranties, except to the extent arising from the indemnified party’s own negligence or willful misconduct.”
Unless your video is being produced entirely in-house, you’ll likely need to engage a variety of freelance crew, from camera operators to makeup artists to editors and more. For each team member, you should have a signed Deal Memo outlining the specifics of their engagement.
Deal Memos don’t have to be long, but they should cover:
In some cases, crew may request additional terms like travel buyouts, kit loss insurance, right to use footage in their portfolio, and the like. These requests are negotiable but not uncommon.
While some production companies still use old-school paper Deal Memos, it’s becoming more common to execute them digitally via e-signature platforms like DocuSign or HelloSign. As long as you have a written record of the agreement, it doesn’t need to be overcomplicated. Here’s a sample:
“[CREW MEMBER NAME] shall render services as [ROLE] on the Video on the following dates: LIST DATES. Compensation shall be a flat rate of [AMOUNT] per day, due within 15 days of completion of the Services. Crew Member’s day shall be a minimum of 10 hours, exclusive of a 1-hour unpaid meal break to be provided every 6 hours.
Overtime shall be payable at 1.5x rate for hours worked beyond 10 in a day or 40 in a week, and at 2x rate for hours worked beyond 12 in a day. If Crew Member is required to drive between base camp and any remote locations, Crew Member shall be compensated at the IRS standard mileage rate of $0.58/mile.
In the event Producer cancels this engagement less than 48 hours before the first call time, Crew Member shall be entitled to cancellation pay equal to 50% of the agreed daily rate. In the event Crew Member appears on camera, Crew Member hereby grants Producer the right to use their name, voice and likeness in connection with the Video.”
When your video includes on-camera talent, whether professional actors, real people, or expert interviews, you need to secure their permission to appear in your video via a Talent Agreement. These agreements grant you the right to use their name, likeness, and performance in your project in exchange for compensation (which could be cash, barter, or even just the exposure).
Key points to cover in a Talent Agreement:
If your talent is a member of a union like SAG-AFTRA, you’ll need to additionally conform your agreement to the union’s requirements around minimum rates, overtime, residuals, meal penalties, and more. The unions have very specific rules and you don’t want to run afoul of them. When in doubt, check with your local union rep.
“For good and valuable consideration, receipt of which is hereby acknowledged, Talent grants Producer the perpetual, irrevocable, worldwide right to photograph, film, record and otherwise capture Talent’s name, voice, conversation, sounds, biographical material, likeness and performance in and in connection with the production of the Video (collectively, the “Footage”).
Talent agrees that all rights of every kind and character whatsoever in and to the Footage shall be solely owned by Producer, including without limitation the complete and unencumbered copyright in the Footage, and that Producer shall have full right to use and exploit the Footage in the Video and any related promotional materials, in whole or in part, in any manner and in any media now known or hereafter devised, without any further payment to or permission from Talent.
Talent hereby irrevocably waives any and all moral rights, rights of publicity, and any other similar rights that Talent may have in the Footage or the Video, and releases Producer from any and all claims relating to the Footage or Talent’s appearance in the Video. In the event Talent is unavailable for required reshoots, Producer shall have the right to use a double or make other adjustments to complete the Video.
Talent represents and warrants that all material Talent creates and provides to Producer for use in the Video shall be original to Talent and will not infringe the rights of any third parties.”
Most videos incorporate some pre-existing materials – whether it’s music, stock footage, photos, trademarks or more. Unless those materials are in the public domain, you’ll need a license from the rights holder to use them in your project.
Licensing agreements come in many flavors depending on the type of content, but most should cover:
Sample music license language:
“Licensor hereby grants Producer the non-exclusive perpetual worldwide right to reproduce, perform, and synchronize the musical composition titled “[NAME OF SONG]” written by SONGWRITER and as performed by ARTIST in synchronization or timed relation with the Video in any and all media now known or hereafter devised, and to make copies of the Video containing the synchronized Composition and Master Recording in connection with distribution and exploitation of the Video.
The rights granted herein shall include the right to use the Composition and Master Recording in promotional materials for the Video, including in commercials, trailers, and behind-the-scenes footage. Licensor reserves all other rights in the Composition and Master Recording. In consideration for the rights granted herein, Producer shall pay Licensor a one-time non-refundable fee of [AMOUNT] within 15 days of full execution of this Agreement. Licensor shall be credited as “[CREDIT LANGUAGE]” in the end crawl of the Video, where all other music credits appear.”
If you’re planning to film in any non-studio location, it’s critical to secure location releases from the property owners granting you permission to film on their premises. This is especially important if you’ll be showing the location on-camera, as opposed to just using it as a base camp.
Location releases are fairly straightforward, but should include:
If you’re filming in a public space like a park or sidewalk, you may not need a formal location release, but you should still check with the local film office for any permit requirements. Some cities are very strict about commercial filming in public and may require detailed permits, proof of insurance, sidewalk closure fees, fire safety inspections, and more. Do your due diligence well in advance.
Some sample language:
“Owner grants Producer and its employees, agents, contractors and suppliers the right to enter and use the property located at ADDRESS on [DATES] during the hours of TIMES for the purposes of photographing, filming and recording scenes and sounds for the Video (the “Shoot”).
Producer shall have the right to photograph and record any portion of the interior and exterior of the Property and any identifying features, and to refer to the Property by its actual name or any fictitious name in the Video. Owner represents that it has the full right and authority to enter into this agreement and to grant the rights provided herein.
Producer may place cameras, lighting equipment, props and temporary sets on the Property, and shall have the right to make audio and video recordings and transmissions on and in the vicinity of the Property. Producer shall remove all such equipment and materials at the end of the Term and shall leave the Property in the same condition as when received, reasonable wear and tear excepted.
In the event any damage occurs to the Property as a direct result of Producer’s use thereof, Producer shall reimburse Owner for the reasonable costs of repairing such damage, provided that Producer is notified in writing of the damage claim within 5 days after the end of the Term. Owner agrees to cooperate fully with Producer to avoid any interference with or delay of the Shoot.
Producer shall secure and maintain a general liability insurance policy with coverage of at least $1,000,000 per occurrence, and shall name Owner as an additional insured thereon. Producer shall indemnify and hold Owner harmless from any losses or liabilities arising out of Producer’s breach of this agreement or any negligent act or omission of Producer, except to the extent arising out of Owner’s own negligence or willful misconduct.”
Finally, if your shoot will involve filming in public spaces where you might incidentally capture bystanders on camera, it’s a good idea to have them sign quick personal releases just to be safe. While you can often rely on the legal principle that people in public spaces have no reasonable expectation of privacy, it’s still a risk to include recognizable people in your video without permission, especially if the video is for commercial purposes.
Incidental releases don’t need to be as comprehensive as talent agreements, but should at minimum include:
You can keep a stack of pre-printed incidental releases on hand during filming, and just have PAs or other crew collect signatures on the fly. For large crowds, consider posting clear signage around the filming area stating that by entering, people are consenting to being filmed and waiving any right to compensation.
“For good and valuable consideration, receipt of which is hereby acknowledged, I authorize [PRODUCER] and its successors, assignees and licensees to film and record me and to record my voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with the production of the Video currently entitled [NAME].
I agree that [PRODUCER] shall be the exclusive owner of all copyright and other rights in and to such photography and recording, with full rights to use and authorize others to use the Video and any portion thereof in any manner [PRODUCER] sees fit in all media now known or hereafter devised, including without limitation for advertising, publicity and other commercial purposes, and otherwise in accordance with the terms of [PRODUCER]’s privacy policy available at [URL].
I agree that [PRODUCER] has no obligation to use such photography or recording. I waive any right of inspection or approval of the Video and my appearance therein, and I release [PRODUCER] and its successors and assigns from any liability, claims or demands arising out of or based upon such use, including without limitation any claims for defamation, invasion of privacy or right of publicity. I represent that I am over the age of majority and have the right to enter into this agreement (or if not, that my parent or legal guardian will also sign below).”
One additional consideration with releases: data privacy regulations like GDPR in Europe may require you to include specific language about how the person’s data will be collected, used and stored, and give them the ability to opt out. Check with local counsel for any requirements specific to your filming location.
In addition to the contracts discussed above, you may also want to have certain crew or cast sign a non-disclosure agreement (NDA) if your project involves any sensitive or confidential information. This could include plot details for a narrative film, new product info for a corporate video, client data for an internal training, etc.
A good NDA will:
“Recipient acknowledges that Discloser possesses certain confidential and proprietary information relating to the Video (the “Confidential Information”), which has value to Discloser and is not generally known. Recipient agrees to maintain the confidentiality of Confidential Information and to use it only for purposes of recipient’s work on the Video.
Recipient shall not disclose Confidential Information to any third party without Discloser’s prior written consent. Recipient will use reasonable efforts to prevent unauthorized use or disclosure of Confidential Information, but in no event less than the same degree of care that it uses to protect its own confidential information.
The restrictions herein shall not apply to any information that: (a) was generally available to the public at the time of disclosure; (b) becomes publicly available without breach of this Agreement; (c) was lawfully received from a third party without breach of any confidentiality obligation; or (d) was independently developed by Recipient without reference to the Confidential Information.
Recipient acknowledges that any breach or threatened breach of this Agreement would cause irreparable harm to Discloser, entitling Discloser to injunctive relief without proof of damages, in addition to any other available remedies. Recipient’s confidentiality obligations shall continue in perpetuity with respect to trade secrets, and shall expire [TERM] years from the date of disclosure for all other Confidential Information.”
There you have it – a whirlwind tour of essential contracts for your next video production. While no one loves paperwork, trust me when I say that a few hours with these documents on the front end can save you weeks of legal headaches down the road.
Of course, this is just a starting point – every production is unique and may require specific language to address talent union issues, product placement concerns, insurance requirements, international considerations and a host of other variables. When in doubt, consult an experienced production attorney to make sure your contracts are airtight.
The goal is not to stifle creativity, but to protect the immense investment of time, money and vision that goes into any video project. With a solid legal foundation in place, you’re free to focus on what really matters – telling your story and delivering a killer final product.
So before you roll camera on your next masterpiece, make sure you’ve dotted your i’s, crossed your t’s, and yes, signed on the dotted line. Your future self (and legal team) will thank you.
Happy contracting, and even happier filming!
A production services agreement is typically used when a production company is providing crew, equipment or other services to another production company, but not handling the entire project from start to finish. For example, if Company A is producing a commercial but needs to hire Company B’s camera crew for the shoot, they would use a production services agreement to cover the scope of those specific services.
In contrast, a video production agreement is a more comprehensive contract where one company is responsible for delivering the final video to the client. This could include everything from pre-production (scripting, casting, location scouting) through production and post (editing, graphics, delivery). The video production agreement covers the entire project, not just a subset of services.
Best practice is to have individual deal memos for each crew member so you can tailor the terms to their specific role. A camera operator will have different requirements than a makeup artist or a production assistant. By using separate memos, you can adjust details like rate, overtime, kit fees, screen credit and the like to suit each position.
That said, there’s no need to reinvent the wheel each time. You can standardize most of the language across all your deal memos and just swap out the specific details as needed. This will make your paperwork process much more efficient while still protecting your interests.
While it may feel awkward to ask a friend to sign a contract, it’s always smart to get your agreement in writing, no matter how small the project or close the relationship. Even if no money is changing hands, a simple contract can outline expectations around things like delivery dates, revisions, and usage rights.
Plus, having a contract shows that you take your work seriously, even when doing a favor for a friend. It sets a professional tone and can prevent misunderstandings down the road. If your friend balks at signing something formal, you can always use a friendly email or text exchange to confirm the basic terms – the point is to have some written record of what you’ve agreed to.
When working with child actors or models, you’ll need their parent or legal guardian to sign a model release on their behalf. In addition to the standard language around granting permission to use their image and waiving claims, a minor’s release should include a few extra details:
It’s also a good idea to include a headshot or other visual reference of the child so there’s no question about who the release applies to. And as always, have the parent/guardian sign and date the release before the shoot begins.
The answer depends on your local laws and the specific park in question. In general, if you’re just doing a small shoot with minimal equipment and no disruption to the public, you likely don’t need a formal permit or location release. The First Amendment protects your right to film in public spaces for non-commercial purposes.
However, if your shoot is larger in scale or for commercial use, you may need to secure a permit from the park district or city film office. This is especially true if you’ll be bringing in vehicles, blocking off areas of the park, or using props/sets that could be seen as disruptive. Some parks also have specific rules around commercial filming and photography, so it’s always best to check with the relevant authorities before your shoot.
Even if a permit isn’t legally required, it may still be wise to notify the park manager of your plans as a courtesy. This can help avoid any misunderstandings or confrontations with park staff or law enforcement on the day of the shoot. And if your shoot will feature the park prominently, it never hurts to get written permission to use its likeness in your final video.
Copyright is a form of intellectual property protection that gives the creator of an original work exclusive rights to its use and distribution. This includes the right to reproduce the work, create derivative works, and display or perform it publicly. Copyright applies automatically as soon as a work is created and fixed in a tangible form, like a script, recording, or video file.
Licensing, on the other hand, is the process of granting specific rights to use a copyrighted work to another party. The copyright owner retains ownership of the work, but allows the licensee to use it in certain ways for a certain period of time. Licensing agreements can be exclusive (granted to only one party) or non-exclusive, and can be limited by factors like territory, media, and duration.
So when you license music for your video, you’re not buying the copyright to the song itself – you’re just getting permission to use it in your project according to the terms of the license agreement. The composer or publisher retains the actual copyright. Similarly, when your client licenses your finished video, they’re getting the right to use it for their purposes, but you retain the copyright as the creator.
It’s a good rule of thumb to keep all your production contracts for at least three years after the project is completed and delivered. This is the standard statute of limitations for most contract disputes, so having your contracts on hand will be crucial if any legal issues arise during that time.
However, for more complex projects or those with a longer shelf life (like a feature film or web series), you may want to keep your contracts for even longer. Some lawyers recommend retaining contracts for up to 10 years to cover any potential claims or rights issues that could come up down the road.
In terms of how to store them, electronic copies are generally fine as long as they’re properly backed up and easily searchable. Make sure to keep your contracts organized by project and date, and consider using a secure cloud storage service or document management system to keep everything centralized. And of course, always make sure you have a signed copy of each contract before you start work – an unsigned contract is essentially worthless.
If a client is hesitant to sign a contract, the first step is to try to understand their concerns. Are they uncomfortable with specific terms? Do they not understand the purpose of the contract? Are they worried about being locked into something they can’t get out of?
Often, a simple conversation can clear up any misunderstandings and help the client feel more at ease. Explain that the contract is there to protect both of you and ensure that everyone is on the same page about the project. Walk them through the key points and be open to answering any questions they may have.
If the client is still resistant, you may need to decide how much you’re willing to compromise. In some cases, you may be able to modify certain clauses or add language that addresses their concerns. For example, if they’re worried about the project going over budget, you could add a clause that requires written approval for any expenses beyond the agreed-upon amount.
However, if the client is completely unwilling to sign any kind of contract, that’s a major red flag. A client who won’t commit to basic terms in writing is likely to be difficult to work with in other ways. In this case, it may be best to walk away from the project altogether. No contract means no clear expectations, no legal protections, and no recourse if something goes wrong. It’s simply not worth the risk to your business.
Even with the most thorough contract, changes are sometimes inevitable during the course of a project. The key is to handle them in a clear and documented way to avoid disputes later on.
If the change is relatively minor, like adjusting a deadline or swapping out a crew member, an email exchange may be sufficient to confirm the new details. However, for more substantial changes that impact the scope, budget, or deliverables of the project, it’s best to use a formal change order or amendment.
A change order is essentially a mini-contract that outlines the specific changes being made and any associated costs or timeline adjustments. It should reference the original contract and be signed by both parties to show mutual agreement. Once signed, it becomes part of the overall contract and carries the same legal weight.
To streamline the process, consider including a clause in your initial contract that spells out how change orders will be handled. This could include things like requiring all changes to be in writing, setting a deadline for approval, or specifying who has the authority to sign off on changes. By setting expectations upfront, you can make mid-project changes much smoother and less stressful for everyone involved.
For a contract to be legally enforceable, it typically needs to meet a few basic requirements:
If your contract meets these criteria, it should be considered legally binding. However, there are some other factors that could potentially make a contract void or voidable, such as:
To ensure your contracts are enforceable, it’s always best to have them drafted or reviewed by an experienced attorney. They can help you avoid common pitfalls and ensure that your contracts are clear, fair, and legally sound.
While there are many contract templates available online, it’s important to use them with caution. A generic template may not address the specific needs of your project or comply with the laws of your jurisdiction. Relying on a one-size-fits-all contract could leave you vulnerable to legal disputes or financial losses.
That being said, a template can be a useful starting point for drafting your own contract. It can provide a basic structure and some standard clauses that you can then customize to fit your particular situation. When using a template, consider the following tips:
Remember, a contract is a legally binding document that can have serious consequences if something goes wrong. While a template can be a helpful tool, it’s no substitute for personalized legal advice. If you’re unsure about any aspect of your contract, it’s always best to consult with an experienced entertainment lawyer.
If you’re creating original work as part of your video production, it’s crucial to protect your intellectual property (IP) rights in your contracts. This could include things like scripts, storyboards, music, graphics, or the final video itself. Here are a few key ways to safeguard your IP:
Remember, IP laws can be complex and vary by country, so it’s always a good idea to consult with an IP attorney when drafting your contracts. They can help ensure that your rights are fully protected and that you’re not infringing on anyone else’s IP in the process.
If a client breaches your contract, the first step is to document the breach in writing. This could be an email or formal letter that outlines how the client has failed to meet their obligations under the agreement. Be specific about which clauses were violated and how.
Next, try to resolve the issue directly with the client. Schedule a meeting or call to discuss the breach and see if you can come to a mutually agreeable solution. For example, if the client is late on a payment, you may be able to work out a revised payment plan or agree to a discounted rate in exchange for prompt payment.
If the client is unresponsive or unwilling to remedy the breach, you may need to escalate the matter. This could involve sending a formal demand letter, which is a legal notice that requires the client to take specific action (like making a payment or returning property) by a certain deadline. A demand letter shows that you’re serious about enforcing your rights and can be a precursor to legal action.
If the breach is still not resolved, you may need to consider filing a lawsuit. This is a big step and should not be taken lightly, as litigation can be expensive, time-consuming, and stressful. However, if the breach is significant and causing you financial harm, it may be necessary to protect your interests.
Before taking any legal action, carefully review your contract to see what remedies are available. Many contracts include a dispute resolution clause that specifies how breaches will be handled, such as through mediation or arbitration. You may also be able to recover damages, like lost profits or the cost of any work you’ve already completed.
Finally, consider consulting with a contracts attorney who can advise you on your options and help you navigate the legal process. They can review your contract, assess the strength of your case, and recommend the best course of action for your specific situation.
Non-compete clauses are a common way for businesses to protect their interests by preventing employees or contractors from working for a competitor for a certain period of time after the contract ends. However, the enforceability of these clauses varies widely by jurisdiction and industry.
In the video production world, non-competes are relatively rare, as most crew members and freelancers work on a project-by-project basis and need to be able to take on multiple clients to make a living. Restricting their ability to work for other companies could be seen as an unreasonable restraint of trade.
That being said, there may be some limited situations where a non-compete could be appropriate, such as:
Even in these cases, the non-compete would need to be carefully drafted to be reasonable in scope and duration. Some key factors to consider:
Ultimately, the decision to include a non-compete in your production contracts should be made carefully.
When licensing your video content to a client or distributor, it’s important to have a clear agreement in place that outlines the terms of the license. Some key points to include:
As with any contract, it’s a good idea to have a lawyer review your licensing agreement to ensure it adequately protects your rights and interests.
A kill fee is a payment that a client agrees to make if they cancel or terminate the project before it’s completed. It’s a way to protect the production company’s time and resources invested in the project up to that point.
Kill fees are relatively common in video production contracts, especially for larger or longer-term projects. They can be structured in a few different ways:
When including a kill fee in your contract, be sure to clearly define what constitutes a “cancellation” and how the fee will be calculated. You may also want to specify that the kill fee is non-refundable and due immediately upon cancellation.
Keep in mind that while a kill fee can provide some financial protection, it’s not a substitute for a well-planned project and a solid contract. It’s always best to work with clients who are committed to seeing the project through and who communicate openly about any changes or concerns.
Both “work-for-hire” and “assignment of rights” are ways to transfer ownership of creative work from the creator to another party, but they have some key differences.
A “work-for-hire” is a specific legal concept defined in the U.S. Copyright Act. It applies only to certain types of works created by an employee within the scope of their employment, or commissioned works that fall into one of nine categories (like a contribution to a collective work or a part of a motion picture) and have a written agreement specifying that it’s a work-for-hire. In a work-for-hire situation, the employer or commissioning party is considered the author and owner of the work from the moment of creation.
An “assignment of rights,” on the other hand, is a more general term for transferring ownership of a creative work from one party to another. It can apply to any type of work and doesn’t have to meet the specific criteria of a work-for-hire. With an assignment, the creator initially owns the work but then transfers some or all of their rights to another party through a written agreement. The assignment can happen at any time, even after the work is completed.
In practice, many video production contracts use a combination of work-for-hire and assignment clauses to ensure that the client or production company owns all rights to the final video and any related content. For example, you might have a work-for-hire clause for any original music composed for the video, and an assignment clause for the script, graphics, and final edited video.
The key is to be clear and specific in your contract about who owns what and when the transfer of ownership takes place. This can help avoid disputes down the road and ensure that everyone’s rights and interests are protected.
Ensuring that your production contracts are legally compliant can be a complex task, as laws and regulations vary by country, state, and even city. However, there are some general best practices you can follow:
Remember, no contract is completely bulletproof, and even the most well-drafted agreement can’t prevent all legal issues. But by being diligent and proactive about legal compliance, you can minimize your risks and protect your business in the long run.
International production contracts can be particularly tricky, as they involve navigating different legal systems, cultural norms, and languages. If a dispute arises, it can be even more complex to resolve. Here are some tips for handling international contract disputes:
Ultimately, the best way to handle international contract disputes is to try to prevent them in the first place. By building strong relationships with your partners, communicating clearly and frequently, and having a solid contract in place, you can minimize the risk of misunderstandings and conflicts. And if a dispute does arise, stay professional, focus on finding a mutually beneficial solution, and don’t be afraid to seek expert help if needed.
A non-disclosure agreement (NDA) is a legal contract that prohibits the sharing of confidential information. In the context of video production, an NDA can be used to protect sensitive details about the project, such as the script, budget, client information, or proprietary techniques. When drafting an NDA, consider including:
Remember, an NDA is only as effective as your ability to enforce it. Be selective about who you share confidential information with, and make sure all parties sign the NDA before any sensitive details are disclosed.
A “right of first refusal” (ROFR) clause gives the production company the first opportunity to work on the client’s future projects before the client can hire another company. This can be a way to secure ongoing work and build a long-term relationship with a client.
In a video production contract, an ROFR clause might look something like this:
“Client agrees to give Production Company the right of first refusal for any future video production projects for a period of [X] years from the completion of the initial project. If Client wishes to engage another production company for a project, they must first offer the project to Production Company under the same terms and conditions. Production Company shall have [X] days to accept or decline the project. If Production Company declines or fails to respond within the specified time period, Client may then engage another company.”
While an ROFR clause can be a valuable tool for production companies, it’s important to consider the potential drawbacks. Some clients may be hesitant to agree to such a clause, as it limits their flexibility and bargaining power for future projects. Additionally, if the production company is unable to take on a project for any reason, the client may feel stuck or resentful.
As with any contract term, it’s important to negotiate an ROFR clause carefully and make sure both parties fully understand and agree to the terms.
In a video production contract, a “best efforts” clause requires the production company to use their best efforts to complete the project as agreed, but does not guarantee a specific outcome. A “firm commitment” clause, on the other hand, requires the production company to deliver the project as specified, regardless of any challenges or obstacles that may arise.
A best efforts clause might say something like:
“Production Company shall use its best efforts to produce the Video in accordance with the script, budget, and schedule set forth in this Agreement. Production Company shall not be liable for any delays or failures to perform caused by factors beyond its reasonable control, such as weather, illness, or equipment malfunction.”
A firm commitment clause, in contrast, might say:
“Production Company shall produce the Video in accordance with the script, budget, and schedule set forth in this Agreement, and shall deliver the final Video to Client no later than [date]. Production Company acknowledges that time is of the essence and that any delay in delivery shall constitute a material breach of this Agreement.”
In general, a best efforts clause provides more flexibility for the production company, while a firm commitment clause provides more certainty for the client. Which type of clause is appropriate will depend on the specific needs and risk tolerance of each party.
It’s worth noting that even with a best efforts clause, the production company is still obligated to act in good faith and use reasonable efforts to complete the project. A best efforts clause is not a license to slack off or deliver subpar work.
When negotiating your contract, be clear about what level of commitment you’re comfortable with and what the consequences will be if the project is not delivered as agreed.
Video production can be a physically demanding and sometimes dangerous business, with risks ranging from equipment failures to stunt accidents to slip-and-fall injuries. As a production company, it’s important to take steps to protect yourself from liability in the event of an accident or injury on set.
One key way to do this is through insurance. Most professional production companies carry general liability insurance, which covers third-party bodily injury and property damage claims. You may also want to consider other types of insurance, such as workers’ compensation (if you have employees), equipment insurance, and errors & omissions insurance (which covers claims related to the content of your work).
In addition to insurance, you can also protect yourself through contractual provisions. In your production contract, consider including:
You should also have clear safety protocols in place on set, such as requiring all crew members to wear appropriate safety gear, conducting safety briefings before each shoot, and having a designated safety coordinator on staff. If you’re working with union crew, make sure you’re following all applicable union safety rules and regulations.
Finally, if an accident or injury does occur on set, it’s important to document the incident thoroughly and report it to your insurance carrier immediately. Keep detailed records of any medical treatment, lost work time, or property damage, and cooperate fully with any investigation or legal proceedings that may follow.
By taking proactive steps to mitigate risk and protect yourself legally and financially, you can help ensure a safe and successful production for all involved.
Using unlicensed music in a video can be a serious legal and financial risk. As a production company, it’s important to educate your clients about the importance of proper music licensing and to have a plan in place for handling requests to use unlicensed tracks.
If a client asks to use a song without obtaining the necessary licenses, your first step should be to explain the potential consequences. These can include:
Emphasize that even if the client is willing to take on these risks, you as the production company could also be held liable as a contributor to the infringement.
If the client insists on using the unlicensed music, you have a few options:
Ultimately, the decision to use unlicensed music is up to the client, but as the production professional, it’s your responsibility to provide informed guidance and protect yourself and your business from undue risk. Make sure your contract is clear about your music licensing policies and that all parties understand their rights and obligations before the project begins.
Properly classifying your production crew as independent contractors or employees is crucial for compliance with labor laws and tax regulations. Misclassification can lead to serious legal and financial consequences, including back taxes, penalties, and lawsuits.
In general, independent contractors are self-employed individuals who have control over how and when they work, use their own equipment and tools, and work for multiple clients. Employees, on the other hand, work under the direction and control of the employer, use the employer’s equipment and facilities, and typically work exclusively for one employer.
To ensure that your crew is properly classified as independent contractors, consider the following:
It’s important to note that the legal standards for independent contractor classification can vary by state and by industry, and can be complex and fact-specific. If you’re unsure about how to classify your crew, consult with an experienced entertainment lawyer or tax professional.
Additionally, even if your crew members are properly classified as independent contractors, you may still have certain legal obligations, such as providing workers’ compensation insurance or complying with safety regulations. Make sure you understand your responsibilities as a production company and take steps to protect yourself and your crew.
Product placement is a common practice in video production, where brands pay to have their products featured in the content. If you’re working on a project that involves product placement, it’s important to have a clear agreement in place that outlines the terms of the arrangement.
A product placement agreement should include:
When negotiating a product placement agreement, it’s important to balance the needs of the brand with the creative integrity of the project. Make sure the product integration feels authentic and relevant to the story, rather than forced or gratuitous.
It’s also a good idea to have the agreement reviewed by a lawyer who specializes in entertainment law and advertising regulations. Product placement can be subject to various legal and ethical guidelines, such as the FTC’s endorsement rules, and it’s important to ensure that your agreement is compliant and enforceable.
When working on a video project that involves a client’s original ideas or intellectual property (IP), it’s important to take steps to protect both your own IP and the client’s. This can help prevent misunderstandings, disputes, and legal issues down the road.
To protect your IP:
To protect the client’s IP:
By addressing IP ownership and usage rights upfront in your contract, you can help ensure a smooth and successful collaboration with your client. However, IP law can be complex and varies by jurisdiction, so it’s always a good idea to consult with a lawyer who specializes in intellectual property and entertainment law to ensure that your contract is comprehensive and enforceable.
When reviewing a video production contract, it’s important to look out for any red flags that could indicate potential problems or unfavorable terms. Some common red flags to watch out for include:
If you notice any of these red flags in a contract, it’s important to raise your concerns with the client and negotiate more favorable terms. Don’t be afraid to push back on unreasonable clauses or to walk away from a project if the contract terms are not acceptable.
Ultimately, a good production contract should be a balanced and mutually beneficial agreement that protects the interests of both parties and sets clear expectations for the project. By being vigilant and proactive in your contract review, you can help ensure a successful and professional collaboration
