Merchandising can generate substantial revenue for an Independent Filmmaker’s Project. The Product may be a song, sound track CD, T-shirt, clothing style, character doll, a toy etc.
The Independent Filmmaker (the Licensor”), licenses the Right to sell these Products to other manufacturing/fabricating companies (the “Licensee”). In most instances there is no risk to the Independent Filmmaker because the manufacturer/fabricator incurs all manufacturing and distribution expenses. The Independent Filmmaker receives an advance per product, and royalty payments, often between five and ten percent of gross revenues from sales to retailers (i.e., the wholesale price). If the Project flops and the products don’t sell, the manufacturer incurs the loss.
This Agreement between the independent Merchandiser/Fabricator and the Producer is drafted in plain English that is easy to read and comprehend. This is a fourteen page, twenty-nine 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 Producer’s Deal, and the Investor’s Deal.