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Drafting Talent Agreements & Film Business

Persis Hodiwalla

We had a guest lecture conducted by an expert from the Media & Entertainment Legal Sector, her name was Ms. Persis Hodiwalla a profound In House Counsel with almost 12 years of work experience in this field. She gave us an insight about the Drafting Talent Agreements & Film Business.

- Talent Agreements has the following clauses:- 

Name, Recitals, Definitions, Services/Principal Understanding, Consideration, Ownership of Intellectual Property Rights/Derivative Rights, Credits, Termination, Reps & Warranties, Indemnity & Miscellaneous.

- Studio Deals:- 

She briefed us about structuring a Studio Deal executed between the Producer & Studio or Studio & Talent wherein before commencing drafting of such agreements we need to be clear with our concepts & have a total brief on all the aspects of the deal from the commercial team.

- Important clauses for drafting these Agreements are as follows:- 

Production Budget Definition, Concept of Net Revenues & Gross Revenues, Fixed Consideration, Variable Consideration, Termination & Indemnity.

- Trademark Lecture:- 

Under her Trademark class she explained that each Title to a Film shall be considered as trade mark or trade name for such Film which needs to be protected and filed under Class 9 & 41 with Trademark Registrar. This registration will allow the Producer to enjoy the ownership & seek civil & criminal remedies against the infringer.

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