Post-production refers to the period of film production when filming is completed and the film is worked on, which requires the help of writers and composers. Among the common agreements required during this period are publisher agreements and composer agreements. Like actors, writers and composers may belong to a guild or union, which can affect the nature and complexity of their agreements. However, agreements generally include the duration of employment, the employment rate and should also take into account who will own the finished product. Writers are usually hired on a « work for hire » basis that allows the producer to retain ownership of the processed product. Often, the remuneration is distributed according to the number of times the film has to be cut or the number of compositions that need to be written by the composer. It`s not uncommon for a film to use many cutters at the same time and so it`s important to split the deal in this way to ensure that the producer can continue to hire more writers if needed. A rights purchase agreement is used when a producer wants to buy a script or story directly from an author or other owner. In general, these agreements are known as « assignment of rights » and often involve the long-term sale of « unique and exclusive film, television, photographs, merchandising and commercial rights, as well as all related and complementary rights throughout the universe. » Simply put, a rights purchase agreement provides for the purchase of all the rights related to a film, not just the rights to purchase the script. From the filmmakers` point of view, it is very important that the company agreement is designed to ensure that the filmmaker retains full control over the management of the company. As films are very personal to the filmmaker, the company agreement should contain an « emergency plan » which, as the name suggests, should define the safeguarding plan and the consequences in case for any reason the filmmaker is unable to complete the project. We also recommend that filmmakers` commitments be specified in separate employment contracts, so that filmmakers become collaborators with the LLC and the intellectual property created is held by the LLC according to the traditional « Work for Hire » principles.
An option agreement is a contractual agreement by which a producer acquires the right to purchase a script from an author or other owner. Unlike the Rights Purchase Agreement, which is a flat-rate purchase of real estate, an option contract is not the purchase of the right to use the scenario. Instead, the producer acquires the « exclusive right to purchase » the script at a later date, for example when the producer provides financing. . . .