A film production agreement is an important legal document for writers, directors, producers, and financiers – but what is a film production agreement? We’re going to answer that question by defining the term and its associated contracts. We’re also going to explore some real world examples. By the end, you’ll know why film production agreements are important – and how to use them.
Long before a film can become a film, it has to be gestated in the mind of its creator. Sometimes, that gestation period takes a lifetime. Other times, it takes no more than a day. But no matter how long it takes, there’s no guarantee ink will ever hit paper. In fact, most film ideas go unrealized.
That’s why it’s a big deal when film production agreements are made. Film production agreements are the first step in making a film idea a reality. So, let’s jump into some more information on film production agreements.
A film production agreement is a contractual statement between two or more parties agreeing to the payment of film-related work. Film production agreements lay out the finance-structure and general scheduling for productions.
Contracts, contracts, contracts. Oh, how you hold indelible weight! Chances are that if you’re not a lawyer, you’re probably not too familiar with contracts. I can say that because I’m not a lawyer. But I can also say that if you’re interested in working in entertainment, you should study contracts. Why? Because they’re the lifeblood of your bank account.
This next video breaks down the basics of film production agreements, from rate of pay to front-load/back-load pay.
Perhaps it might be helpful to think of film contracts this way: you’re in front of a judge pleading for retribution because your employer refuses to disburse payment. The judge says, “let’s see the contract.” You say you don’t have a contract. The judge says, “you’re out of luck.”
There’s no doubt about it: it’s a cruel world out there. We may want to trust that others will abide by their word – but the truth is, they often won’t. Moreso, they may want to abide by their word, but they won’t be able to due to financial distress. But if you have a contract, they will be held legally responsible.
Writers, directors, producers, editors, technicians, etc. need to protect themselves from abuse of power.
There are a lot of different facets of film production agreements; mainly the financing of above the line/below the line personnel, cast, location, and other related production fees.
There is some conjecture as to whether or not “film production agreements” include the associated costs of pre-production and post-production – for the sake of completeness, we’re going to break those costs down too.
Pre-production is where a film/TV show is built.
Development is the stage in pre-production where the basic idea for a film/TV show is expanded into the blueprint for production. Depending on the production, development can cost anywhere from thousands to millions of dollars. Here are some costs associated with development.
Rights agreements are agreements between a production company and an entity (living or deceased) over the rights to produce a story. That story may already be written (as a book, play, or screenplay); or merely exist as a real-life event. This next video from entertainment lawyer Larry Zerner explains the process behind acquiring life rights.