A Film Clip License is often used when an Independent Filmmaker/Producer may desire to use a Film Clip in her/his Project. This pre-existing film footage may be purchased from an individual or a stock footage house (the “Seller”) that is in the business of selling/licensing film clips.
The Producer purchasing the Film Clip Footage must be careful to ensure that all the necessary Rights are being acquired from the Seller. For example, the film may be based on a copyrighted book, and it could incorporate music, special effects, animation, stock footage and works of art. These underlying Works were probably only licensed for a one-time use in the original feature film. Thus, the Seller of stock footage may not have the Right to make a new use of any underlying works. Another potential problem arises when several parties share the Distribution Rights to a film clip. An example might occur when a studio owns Domestic Rights and the Foreign Rights have been sold to other distributors. Can the Owner of such Foreign Distribution Rights prevent a Producer from distributing a program with the clip in foreign territories?
This Agreement between the independent Seller and the Producer is drafted in plain English that is easy to read and comprehend. This is a five page, fourteen clause legal Agreement. The Agreement may be filled in on your computer or printed out and filled in later.
We regularly receive feedback that we have successfully drafted our filmmaker contracts to be as complete as possible for all legal situations. However, should you experience a unique personal situation requiring the drafting of a special clause, please contact us at your convenience. Otherwise, you may be obliged to find a local entertainment lawyer experienced in the film making industry who will draft any and all other clauses for your Project’s unique situation or circumstance.
This Agreement is part of the Director’s Deal and the Producer’s Deal.
Film Clip Owner/Owner/Licensor Name: _______________________________
Film Clip Name: __________________________________________________
Producer(s) Name: _______________________________________________
Producer Company: ______________________________________________
Project Name: __________________________________________________
Project Genre: _________________________________________________
(film, music video, stage production, game show, etc)
Herein this Agreement the Independent Filmmaker is called the “Producer”.
1. GRANT OF LICENSE: Subject to the provisions set forth in this Agreement and to the performance of all of the obligations by the Owner/Licensor to be performed hereunder, the Owner/Licensor hereby grants to the Producer a non-exclusive license ("License") to use the Film Clip described In Appendix "A" (attached hereto and incorporated herein) for the term, purpose, payment and territory specified. In connection therewith, the Owner/Licensor agrees to make the Film Clip available to the Producer at no expense to the Owner/Licensor for use by the Producer subject to the terms and conditions set forth in this Agreement below.
2. OWNER/LICENSOR’S REPRESENTATIONS & WARRANTIES: The Owner/Licensor hereby represents and warrants that it is the legal owner of the Film Clip and warrants and represents that it has the right and power to enter into and perform this Agreement and to grant the License herein contained; provided, however, that the Producer acknowledges that the Owner/Licensor makes no representations or warranties with respect to the rights of the Producer to use any footage which contains the performances of any recognizable actor or actress without first obtaining the written consent of such person or persons.
3. LIMITED LICENSE: The Film Clip will be used solely for the term, purpose and territory specified in Exhibit "A", and for no other term, purpose or territory whatsoever. The Producer will not make or permit the making of any reproduction of or from the Film Clip whatsoever, in whole or in part, except in connection with the purpose herein specified. The Producer shall have no right to edit or otherwise alter the Film Clip or any portion thereof. The Producer does not hereby gain a license or have the right to use the Film Clip or the right . . . (continued)