Film Sales Agency Agreement

When it comes to the entertainment industry, film sales are a crucial aspect of a film`s success. And in order to secure those sales, a film sales agency agreement is often necessary.

A film sales agency agreement is a contract between a film sales agency and the filmmakers, outlining the terms and conditions of the agency’s representation of the film. These agreements are important because they determine how the agency will promote and sell the film, as well as how the profits will be shared between the agency and the filmmakers.

Here are some key points to keep in mind when reviewing or drafting a film sales agency agreement:

1. Commission and Fees: The commission and fees should be clearly defined in the agreement, including what percentage of the sales the agency will receive and any additional fees for marketing or distribution.

2. Territory: The agreement should specify the territories in which the agency has the exclusive right to sell the film. This includes countries, languages, and distribution channels.

3. Term: The term of the agreement should also be defined, detailing the length of time the agency has exclusive rights to sell the film, as well as any extensions or renewals.

4. Marketing and Promotion: The agreement should outline the marketing and promotional support that the agency will provide for the film, including advertising, publicity, and festival submissions.

5. Delivery and Payment: The agreement should specify the payment terms for both the agency and the filmmakers, as well as the delivery schedule for the film and any materials required for distribution.

6. Representations and Warranties: The agreement should include representations and warranties from both the agency and the filmmakers regarding the ownership of the film, its content, and any necessary rights clearances.

In addition to these key points, a film sales agency agreement may also include provisions for deal-making authority, accounting, and termination rights.

Working with a knowledgeable entertainment attorney can help ensure that a film sales agency agreement is fair and equitable for both the agency and filmmakers. And in today’s digital age, it`s also important to consider the potential impact of online distribution and social media on the agreement.

Ultimately, a well-drafted film sales agency agreement can help filmmakers achieve their distribution goals and secure the success of their films in the marketplace.