The Independent Filmmaker has put everything she/he has into the producing of her/his Project and wants a secure return on investment. Therefore the Filmmaker who enters into a Distribution Agreement will want to secure her/his right to share in revenue generated from her/his Project. The Independent Filmmaker accomplishes this security of interest by having the Distributor give him a “secured interest.”
The granting of a Security Interest may be set forth in the Distribution Agreement. The Collateral that secures the Agreement is usually the Distributor’s Right to distribute the Project including any Rights it may have in film/Project elements (e.g., master tapes) and any proceeds realized from the exploitation of its Rights.
If the Distributor goes bankrupt, the Filmmaker who has a Security Interest may have preference when the Distributor’s assets are sold to pay creditors. As a secured creditor, the filmmaker will be paid before unsecured creditors.
This Agreement between the Independent Filmmaker and the Distributor is drafted in plain English that is easy to read and comprehend. This is a three page, twelve 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.
There are two forms of this Agreement. The first agreement is drafted in Short Form. The second form of the Agreement is the Long form.
This Agreement is one of the contracts in the Producer’s Deal and in the Investor’s Deal.
$99.00
Distributor Name (Debtor): __________________________________________
(Print Names)
Producer(s) Name (Secured Party): ___________________________________
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. This Security Agreement is made, by and between the Debtor (hereafter called the “Distributor”) and the Secured Party (hereafter called the “Producer”) with reference to the following facts:
2. The Distributor and the Producer have entered into a Distribution Agreement dated as of ____________________, 20___, regarding among other things, the assignment by Producer to Distributor of certain exclusive rights of distribution and exploitation in the above named Project in designated media and non-exclusive incidental rights necessary to exploit the Project (collectively such rights are referred to hereinafter as the “Rights”), all as more fully set forth in the Distribution Agreement.
3. The Distributor and the Producer desire to secure the right of Producer to the Rights upon the terms and conditions of this Security Agreement.
NOW THEREFORE, the Distributor and the Producer agree as follows:
4. The “Collateral” is any and all of the following:
(i) Intangibles: All of the Distributor’s right, title and interest in and to the Rights in the Project as more fully set forth in the Distribution Agreement dated as of __________________, 20___.
(ii) Tangibles: All of the Distributor’s right, title and interest in and to all film elements, videotapes, sound elements, paperwork, and other physical materials of any kind (“Materials”) to be used in the exploitation of the Rights in the Project; and
(iii) Proceeds: All proceeds, realized by Distributor from exploitation of the Rights or the Materials in the Project, to which Producer is entitled under the provisions . . . (continued)
