Independent Producer Agreement
Within the film and television industry, there are six major American studios and a number of "independents," organizations with funding sources outside the major studios. The independents are provided a collective voice by the Independent Film & Television Alliance that represents 160 television, production and distribution companies, as well as film finance companies and some individuals.
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Broad Producer Agreement
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There are many different independent producer agreements enforce at any given time. There are many different independent producer agreements in force at any given time, both individual and company-based. For example, according to Variety, IFTA negotiated a specific contract with the NBC television network, which requires NBC to commit funds annually for the development of independently produced programming. The agreement includes development meetings between the producer and network executives, "pitch sessions," at which the independent producers can deliver program proposals to creative development executives, and find opportunities to meet with potential program sponsors.
Independent Producer Agreement
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An independent filmmaker can wear more than one hat. Whereas a studio-produced film will have an executive producer -- the money man and deal maker -- and a line producer handling the film's many logistical needs, an independent filmmaker often wears both hats. The investor, or investors, and the producer need to have an independent production agreement that locks in the producer for a set amount of time, to complete the project.
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Agreement Details
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Under the terms of the contract, the independent producer carries most of the responsibility for film's production. According to the U.S. Entertainment Lawyers website, under the terms of the contract, the independent producer carries most of the responsibility for the film's production. He oversees casting, scouts filming locations and hires the crew. Once in production, the producer oversees the photography, editing, sound mixing and other key activities. After the film is shot, he usually oversees dubbing, music selection and the application of the musical score. Additionally, the agreement spells out what type of credit the producer will receive within the film, where it will appear and the exact name that will be used. During the terms of the contract, the producer must be available to the investors for 24 hours a day, seven days a week. Once the project is completed, he is responsible for delivering the film to distributors, both domestic and overseas, and to the investors.
Crucial Clauses
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Anyone taking on the role of independent producer must be aware of four common and crucial clauses. Anyone taking on the role of independent producer must be aware of four common and crucial clauses, similar to all such contracts: 1) Ownership. What percentage or rights to the project does the independent producer hold?, 2) Repayment of Expenses. How will the independent producer be repaid for expenses?, 3) Rights/Endorsements. The independent producer contract must spell out the producer's right to control and/or have input into the project, as well as his right to publicly endorse the project., 4) Assignment. This clause asserts whether or not the producer can reassign either his agreed-to rights on the project or his position on the film to another person or company.
Breach of Contract
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Breeching the contract/agreement will probably cost the producer dearly. Should the independent producer breach or break the contract/agreement, he will probably be sued for real financial loses and punitive damages, and be replaced by a different producer. Of course, as with any contract, the independent producer cannot be held responsible for acts of God--force majeure, investor defaulting or his own disability or death.
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References
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