A Brief Introduction About Directors Agreement
In the process of making a film, there are several things which should be kept in mind by the director, and one of them is having a director’s agreement. It contains all the details of the director and other entities that are involved in film production. This agreement plays an important role in defining the rights of the director and his responsibilities towards the film project. It is beneficial for both the production house and the director. When it comes to money, then there can be several disputes between two parties, but an agreement makes everything easier and sorted out.
Who Takes the Directors Agreement?
Directors agreement signed between the production Company and director of the film project. The writer is the one who gives shape to the screenplay of the writer. And the Director is mostly involved in creating the screenplay live. In the absence of an agreement, it would debar the director from taking any benefit from the revenue.
Signing a film director agreement is crucial for every director out there. Even for an assistant director.
Purpose of the Directors Agreement
The major purpose of the directors agreement is to make sure that the director is able to follow some obligations with respect to the movie-making. This agreement also ensures timely payments and tenure. It protects the rights of the director, and the production company too, making the latter feel safe about hiring a particular director for their film project.
Contents of the Directors Agreement
The major contents of the agreement include the name of the director, production house, and film project. It also contains the guidelines which should be followed by the director of the movie, and also the obligations to be followed by the production house.
In the executive director contract/agreement, there are rights for both parties. The film production is divided into three parts, which are production, pre-production & post-production. Mostly pre-production work and the development of movies are done by the director before beginning with anything formal. The services of the director are required in the film project at various phases and aspects.
The director also has to provide some promotional services for the film project. Mostly, the film project is considered as a director’s medium, but under the agreement, the director has the first credit, which is placed at the beginning of the movie.
[ Also Read: Film Contracts ]
How to Draft the Directors Agreement?
- The directors agreement explains performances within the boundaries that should be mentioned in the agreement
- As a director he or she would take their decision without the force of firms rule or shareholders suggestions
- It must enable the company to set its own rules regarding what should happen in the event of a dispute.
- He or she must not get involved in any fraudulent work or exchange company’s private secrets, which shall affect the business.
- The agreement should be drafted where things like definition, services of the company, role of director, considerations, records, terms, and termination must be included.
- The director’s agreement should include a section that specifies the director’s rights and obligations.
Director’s warranties and obligations
- The director assigns to the Corporation all patent, players, property rights, rental rights and additional rights and consents connecting to the film and waives his or her moral rights. The Company has whole control over the method in which the film is produced, distributed, marketed and or else exploited.
- The director has to pay particular attention to the detail of this clause to safeguard that he or she is cable to give the warranties.
- Each party must sign and date two copies of this agreement so that each one of them can keep one original (if one party is a company, make sure it is a director who signs).
You can also take the help of a professional attorney who can suggest you the best obligations to undergo, which are vital to the project.
Negotiation Strategy
The director can decide to negotiate with the production house on several obligations, but the director can’t force the production company to change any clause after signing it. That’s why reading the agreement is important before signing it. One can also take the help of a lawyer if there is an issue with the obligations given in the agreement. Although, it would be best to take the assistance of an attorney in the beginning.
[ Also Read: Producer Agreement ]
Benefits and Drawbacks of the Directors Agreement
There are several benefits of getting directors agreement as it is one of the major agreements in the film project. The production company wants to be sure that they are hiring the right candidate, and money is also an important thing here. Everything needs to be written in the agreement so that there won’t be any issue of a dispute after the movie has been released. The director would get his share in the given time period, and it should be mentioned in the agreement clearly.
There isn’t any drawback of signing the executive director contract because it would only be beneficial for you in the long run. It would only benefit the director as all the necessary rules and obligations for both the parties will be written in the contract.
What Happens in Case of Violation?
Whenever a person violates a law, he/she gets punished, and in this case, one might have to pay a particular amount of fine to get out of the lawsuit. A person who doesn’t follow the given rules and obligations is subjected to legal action by the defender(1).