Chain of Title documents evidence that Producer has full right, title and interest in and to the Picture and all underlying property with respect thereto, and proof of payment of all fees due in connection with the purchase of the screenplay and all underlying materials upon which the screenplay is based (e.g., option payments, purchase price, etc.).
All chain of title documents shall include language that prevents injunctive relief and confirm there's no limitation on the producer’s rights of assignment.
Producer must confirm there are no liens on the granted rights associated with the Picture.
If the Picture is based on any material deemed to be in the Public Domain, Producer shall deliver a legal opinion from a reputable attorney.
Chain of Title documents evidence that Producer has full right, title and interest in and to the Picture and all underlying property with respect thereto, and proof of payment of all fees due in connection with the purchase of the screenplay and all underlying materials upon which the screenplay is based (e.g., option payments, purchase price, etc.).
All chain of title documents shall include language that prevents injunctive relief and confirm there's no limitation on the producer’s rights of assignment.
Producer must confirm there are no liens on the granted rights associated with the Picture.
If the Picture is based on any material deemed to be in the Public Domain, Producer shall deliver a legal opinion from a reputable attorney.
All documents involving the chain of title of the picture, and all transfers of ownership, should be provided to the buyer.
A summary of the entire chain of title for a film. This may also include a summary of all agreements that assign rights to the production such as above-the-line crew or production services agreements.
The affidavit would include a signature by the person who created the summary or the producer attesting to the accuracy of the summary.
Signed by all applicable parties in the chain of title. All non-disturbance agreements and/or releases for the Picture from any party (including parties who have loaned money for production of the Picture) as may be required by buyer in a form approved in writing by buyer.
If there are parties that have liens or interests in the film, they sign a letter saying they won’t enjoin the release of the film if there is a problem. These parties would be listed in the No Liens Letter, or have registered a UCC filing.
A letter signed by multiple involved parties that have some type of rights to the property (ownership, payment, distribution etc.) saying they will not interfere with the distribution of the film, usually an investor, distributor, or sales agent.
Production documents are all agreements and documents directly pertaining to the actual production of the film. These are usually agreements for non-producer/investor cast and crew, vendors, rentals, locations, equipment and such. These are usually work-made-for-hire granting all ownership in the work to the producer of the film.
If there is no producer agreement, you may be asked to provide a document stating the name of the producer and that you granted a vanity credit with no agreement.
If talent is union they must also deliver the union agreements. The union documents must be requested from, and provided by, the applicable union (SAG, ACTRA, etc.).
Agreement between the producer and a person's loan-out company and the accompanying inducement letter.
Rider to an agreement addressing nudity by talent.
If requested, provide all agreements for all minors appearing in the Picture plus supporting documents (work permits, guardian releases, parental consent/inducement agreements, production permits, trust account documents such as Coogan Account (U.S.), etc.).
- All documents shall be fully executed.
- If applicable, minors’ talent agreements shall be confirmed by the court.
- If court confirmation is not required/available, provide an attorney letter stating agreements are valid, binding, and enforceable under the local laws.
- When obtained, evidence of court confirmation and/or attorney letter should be delivered.
- For certain minors/scenes, confirmation may be required by a California court and the local jurisdiction court.
In the event that court confirmation is not available in the jurisdiction in which principal photography took place, a letter from an attorney stating that the agreements are valid, binding and enforceable under the laws of the jurisdiction shall be provided.
The production services company may contract for goods and services involved in the film, so it’s important to transfer all rights to the owner in a work-made-for-hire fashion unless another deal structure is negotiated.
These documents cover all agreements, licenses, and documents relating to the use of music in filmed content.
- clearance information and fees of all music licensed in the production
- in/out of-context promo restrictions where applicable
- dubbing or subtitling restrictions
- If this is a license include it with the licenses.
- If work-made-for-hire: correct parties, all media, in perpetuity, universe, no restriction on assignment, no injunctive relief, fully executed. If loanout: signed by loanout + inducement/signed by artist.
- Inclusive of a Certificate of Authorship.
- Proof of payment of all fees due to Composer shall be submitted.
- No limitation on Producer’s rights of assignment.
- Shall preclude the licensor from terminating the license.
This is used when the score master recording is owned by the producer. This usually only involves the score but could apply to non-score recording(s) by the composer.
- Shall include language preventing injunctive relief.
- Shall preclude the licensor from terminating the license.
- If requested: all narration agreements used in connection with the Picture or trailers.
All documents involving the production of music for the film such as session reports etc. If applicable, a complete list of all musicians including his/her Social Security Number, salary, union status, all session reports and documentation executed by every musician employed stating that he/she has granted Producer and assignees all rights, in perpetuity, in all media now known or hereafter devised to the product of his/her services.
A vocal lead sheet is a simplified musical score containing the essential elements of a song: the melody, the lyrics, and the chord symbols. It provides the basic structure and harmonic foundation of a piece, allowing for significant creative freedom in arrangement and performance. Primarily used for jazz, folk, and popular music, lead sheets serve as a common language for musicians, enabling collaborative interpretations and improvisations.
Manuscripts/lyric sheets (clean and expletive versions, if any) for original music compositions, including pre-records.
Complete list of credits of all personnel involved in the music of the film.
Complete list of session reports / collective bargaining paperwork as applicable (e.g., MU/PACT riders).
Full list of musicians with contact info who performed services on original score, plus union contractor docs / certificates of engagement as applicable.
Complete contact sheet (Name, Role, Email, Mailing Address, Phone) for personnel engaged by composer but not under CBAs (engineers, programmers, orchestrators, etc.).
Go through the music cue sheet and ensure a license + proof of payment exists for every song (sync + master). Files should be labeled clearly.
- All files should be labeled with: master or synch, title, record label or publisher/owner, % of sync rights
- All licenses shall provide for all media necessary to effect the terms of the Agreement including but not limited to DVD / Video, Internet, and future media as hereinafter devised.
- Licenses shall be provided on a full buy-out basis, without any future payment obligations including “step” payments, video bonuses, box office bonuses, etc.
- No injunctive relief and shall preclude the licensor for terminating the license.
- No limitation on Producer’s rights of assignment.
- [Licensor/Owner/Publisher] confirms that no fees, royalties (including but not limited to mechanical or reproduction royalties) or other payments of any kind shall be due to [Licensor/Owner/Publisher] or to any third party in respect of the usage licensed save only public performance royalties
- No additional payments (collectively, “Additional Payments”), including without limitation, tariffs, royalties, download fees and mechanical reproduction fees, shall be due for the uses set forth herein other than those explicitly set forth herein, unless the Additional Payments are specifically required by law and/or otherwise not contractually waivable.
- The License Fee shall be inclusive of any download fees and mechanical reproduction fees solely for Videograms, worldwide, for personal use and home performance of the Motion Picture.
- The foregoing shall not be construed to include any public performance fees, if applicable.
Go through the music cue sheet and ensure a license + proof of payment exists for every song (sync + master). Files should be labeled clearly.
The easiest way to handle the potentially complex topic of insurance is to copy and paste the insurance terms in the agreement and provide them to the broker and insurer (e.g., $3M per claim, $5M in aggregate, etc.) and also send them the sample certificate provided.
This is an original Certificate of Errors & Omissions Insurance. Policy shall name buyer and its related entities, licensees and assigns, respective officers, directors, shareholders, employees and agents as additional insured.
- Limits of at least: (a) $1,000,000 USD single occurrence (check agreement for $3M or $5M), (b) $3,000,000 aggregate claims (check agreement for $5M), (c) deductible no more than $25,000 (check agreement for $10k).
- Minimum term of three (3) years from date of delivery to buyer.
- Policy covers all aspects of the Picture + related materials (underlying, BTS, bloopers, EPKs, bonus materials, trims/outtakes, title, music, distribution/release, current and future technology) and endorsements to this effect delivered to buyer.
- Documentation showing premium paid in full for entire three (3) year term.
- Guarantee of at least thirty (30) days written notice of cancellation or material change.
- Policy shall be primary and not contributory to any other insurance for any additional insured.
- Buyer may request claims-made or occurrence basis.
- Buyer may require a Rights Period Endorsement policy.
Clearances are permission to use 3rd party materials in a film.
A master list of all 3rd party clip footage and stock footage licensed-in for use in the film. Must include description, licensor, and time in/out. May be able to be combined into Master Clearance List.
If the Picture contains any stock footage and/or clips then PDF copies of all fully executed licenses must be delivered.
Producer shall deliver all product placement agreements and licenses executed in connection with the Picture.
Producer must list all uses of product placement and details about the usage of such.
Form to send to a potential partner to request product placement.
If there is no product placement in the film, then a statement confirming that no product placement appears in the Picture must be delivered.
If the Picture contains any copyrighted and/or trademarked materials, third party likenesses, etc. it must be documented.
- All licenses shall :
- Provide for all media granted to producer under the Agreement.
- Throughout the Territory.
- During the Term.
- All licenses shall include the right to use the music (if any) embodied in the footage or clip
- In the case of stock footage or clips, a footage identification sheet shall be provided.
- Licenses shall include language preventing injunctive relief.
- No limitation on Producer’s rights of assignment.
Proof of payment to licensor for third party clearance item.
See Attorney Opinion Letters in the Chain of Title section.
This is a report itemizing all potential clearance items and risks found in the finished film.
This has basic info i.e. cast, aspect ratio etc. Producer should create their own. The buyer may also send you a blank form they want you to fill out.
One (1) list in Microsoft Word or Excel format, of the main and end credits (inclusive of all logos including buyer’s) of the Picture as they appear on the final version of the Picture as approved by buyer, with an approved lay-out illustration of the screen and advertising credits with relative size and prominence in percentage. If applicable, the final screen credits as they actually appear on screen shall be entirely guild / union compliant (e.g., WGA, DGA, SAG, IATSE, PGA, etc.).
A complete written summary, in Microsoft Word or Excel format substantially in the form provided by buyer upon Producer’s request, of all restrictions and obligations for all individuals and entities affiliated with the Picture.
without limitation, all obligations pertaining to the number of copies to be issued, etc.) for all individuals affiliated with the Picture. If there are no DVD, Blu-Ray, soundtrack or similar obligations, Licensor must provide a written statement to that effect, upon which the distributor may rely.
Producer shall deliver all logos required to appear in the feature, trailer, or on any artwork or advertising shall be delivered. All animated logos required to appear in the feature or trailer shall be delivered as an HD QuickTime file and as 2K .dpx files. Camera-ready artwork for all static logos and logo bugs shall be delivered on a disc as both an EPS and JPEG file."
A final PDF or Word document of the final main and end credits.
A digital copy of the complete final and main and end title galleys (in static form); jpg or PDF images from the film in the final Man and End credit sequences. Screenshots of all of the credits in the final cut of the film should suffice.
Identifying information related to promotional photos for the film.
Upon request, a distributor my request that any Generative AI (GAI) in connection with the audio-visual content must be documented by the producer (including but not limited to the permitted uses by the distributor and any technologies used) and shared with the distributor, together with a statement of compliance with the terms of distributor’s policy from producer’s legal counsel. The executed statement of compliance may be requested to be sent on the date the last cut is locked.
Basic information on a grid for marketing and 3rd party distribution purposes such as the info you see on Amazon or Netflix i.e. cast, synopsis, aspect ratio
If a member of the cast or crew on a film is part of a union then the producer must contract with their union. The union member will be entitled to payments whenever the film is shown on various media such as broadcast TV. Documentation must be collected to calculate the payments these individuals will get.
• SAG Final Cast List (from payroll processor indicating amounts paid and days/hours worked)
• Final credits
• Shooting location(s)
• Principal photography date
• SAG Player Time Sheets
• SAG Player Contracts
• SAG Agreement signed by Production Co. (Basic, Low Budget, Modified, etc.)
• Foreign Cast List if the Picture was shot in a foreign country.
Grantor warrants that it shall deliver a complete residual schedule in accordance with distributor requests.
Letter granting buyer irrevocable and unrestricted access to all applicable film materials. Signed by Producer and the laboratory where the materials are stored. Producer should create their own. The buyer may also send you a blank form they want you to fill out.
Spotting list for trailer.
CCSL/spotting list specifically for the trailer.
To the extent that the Picture is based on real events and/or people, producer shall deliver a full and detailed annotated screenplay, as well as signed copies of any releases that are deemed reasonably necessary by distributor.
Annotated screenplay + necessary real-person/event releases (if required).
An affidavit sworn to by an officer of the production company stating that all costs of production have been paid and there are no liens, encumbrances or claims as of the date of the affidavit. Template is often provided by the distributor.
Original Certificates of Origin hard copies issued by an authorized agent in the country of origin or Certificate of Nationality certified by the official applicable government agency or recognized industry trade organization. The form may be supplied by the buyer but producer should also create their own. Notarizations and multiple hard copies may be required.
If Producer is a U.S. entity, a Form W-9, if a non-U.S. entity, a Form W-8BEN.
If Producer is a U.S. entity, a Form 6166 (Certification of U.S. Tax Residency). If Producer is a non-U.S. entity, Buyer requires appropriate forms.
These are only required if your film secures distribution in China. If it does your buyer should be able to walk you through these documents. They involve signatures from both US state government and the Chinese government. They include:
- (a) A letter between the producers and the buyer (notarized) and
- (b) between the Chinese distributor and the buyer which is usually prepared by the producer but signed by the buyer. The buyer will provide standard template to producers. The buyer usually reserves the right to request any additional documentation required by the Chinese Distributor.
If requested, if the Picture contains the American Humane Association (AHA) disclaimer that “no animals were harmed in the making of this film,” a copy of the disclaimer approval letter issued by the AHA shall be provided.
A voluntary numbering system and metadata schema for the unique and persistent identification of any audiovisual works and versions thereof including films, shorts, documentaries, television programs, sports events, advertising, etc.
Includes (as applicable): MPA code seal certificate + proof of fee payment; other ratings agency certificates (BBFC/IFCO/FSK/ICAA etc.) + proof of payment; documents assigning buyer any rights in title registration; list of territories submitted/cleared; if in process, application may suffice.
If requested, evidence that the title of the Picture has been registered under the rules of the MPA Title Registration Bureau and that Licensor has the right to use the title pursuant to registration procedures.
(CAVCO) co-administers federal tax credit programs with the Canada Revenue Agency.
The CRTC certifies Canadian film/TV productions that meet criteria (producer must be Canadian and central decision-maker through development to commercial exploitation).
The CRTC only certifies Canadian film or television productions that meet the following criteria: The producer must be a Canadian and must act as the central decision-maker from the development stage until the production is ready for commercial exploitation."
Statement from Producer listing all known versions of a film in existence A statement from the producer listing all versions of a film and often including an assignment of all versions of the film to the buyer.
Often includes an assignment of all versions of the film to the buyer.
Lists profanity present in the film including the words and time in/time out.
If applicable: executed Dolby/Ultra Stereo license agreement(s), executed D.T.S. license agreement, and any additional sound license agreements.
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