contracts in entertainment law Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. Patents | Copyrights | Trademarks | IP Management | Design Patent / Industrial Design
IP Licensing & Commercialization | Contracts & IP Transactions | IP Audit & Mining
Entertainment & Media Law | Take Down & Enforcement | Sports Law | E-Commerce Law
Web: www.bananaIP.com
Blog: www.sinapseblog.com
(Formerly BrainLeague IP)

2. CERTIFICATE COURSE ON ENTERTAINMENT LAW
CONTRACTS
MEDIA AND ENTERTAINMENT

3. CONTRACT
• IT IS AN AGREEMENT BETWEEN PARTIES TO DO OR
NOT TO DO A CERTAIN ACT
• AGREEMENT GIVES RISE TO OBLIGATIONS OR LEGAL
DUTY THAT IS ENFORCEABLE AS AN ACTION AT LAW

4. PREREQUISITES
• PARTIES CAPABLE TO CONTRACTING
• MUTUAL CONSENT
• LAWFUL OBJECT
• SUFFICIENT CONSIDERATION
10th October, 2015
Confidential

5. FILM RELATED AGREEMENTS
ACQUISITION
• ARTISTS
• AUTHORS
• RECORDING ARTISTS
• PERFORMERS
• DIRECTOR
• LINE PRODUCERS
• CHOREOGRAPHER
• FASHION DESIGNER
• ART DIRECTOR
• USAGE OF THIRD PARTY IP
• ……AND SO ON
LICENSING OUT
• MOVIE/ MUSIC/ IMAGES/
OTHERS
• SATELLITE/ TELEVISION
• DIGITAL
• AIRLINE/ SHIP/ RAIL/BUS
• MERCHANDISING
• OTHERS
10th October,2015 Confidential

6. ARTIST AGREEMENTS
• IMPORTANT AND MOST NEGOTIATED CLAUSES
 ASSIGNMENT OF RIGHTS
 OBLIGATIONS OF PARTIES
10th October,2015 Confidential

7. ARTIST AGREEMENTS
CREDITS
COMPENSATION
TERMINATION
ANY RESTRICTION ( ENDORSEMNT RELATED)
10th October,2015
Confidential

8. AUTHORS AGREEMENTS
• MUSIC COMPOSERS
• LYRICITS
• STORY WRITER
• SCRIPT WRITERS
• DIALOGUE WRITERS
• BACKGROUND MUSIC COMPOSERS
10th October,2015
Confidential

9. AUTHORS AGREEMENTS
• IMPORTANT AND MOST NEGOTIATED CLAUSES
TRANSFER OF RIGHTS
ASSIGNMENT VS. COMMISSIONED WORK
10th October, 2015 Confidential

10. RIGHTS
• Accordingly, Producer being owner of the entire copyright in the Deliverables
shall have all rights including but not limited to the sole and exclusive rights to do
or authorise the doing of any of the following acts in respect of the said
Deliverables or a substantial part thereof, namely:
• (a) to reproduce the Deliverables or sound recordings/audio visual songs/ or
any other format embodying the Deliverables and the storing of the Deliverables
in any medium by electronic means;
• (b) to issue copies of the Deliverables to the public, in all or any formats;
• (c) to perform the Deliverables in public or communicate them to the public in
any medium by any means or technology;
• (d) to make any cinematograph film or sound recording in any format in
respect of or including the Deliverables;
10th October,2015 Confidential

11. RIGHTS
• (e) to make any copy of any cinematograph film made in respect of or
including the said Deliverables in any format including but not limited to a
photograph of any image forming part thereof;
• (f) to sell or give on hire or offer for sale or hire any copy of the said Film
or any cinematograph film or sound recording made in respect of or
including the Deliverables in any format regardless of whether such copy has
been sold or given on hire on earlier occasions;
• (g) to communicate the Deliverables to the public in any format by
broadcast by means of television or radio or other broadcasting medium
including any means of simultaneous communication existing or future and
whether the Deliverables are communicated to the public live or as recorded
in any other format or medium including but not limited to sound recordings
and cinematograph films by broadcast of the said format or medium;
10th October, 2015 Confidential

12. RIGHTS
• (h) to communicate the Deliverables to the public or make them
available to the public in any format in any medium by any
technology whether simultaneous or non-simultaneous, including
but not limited to the Internet or any form of telephony, or by any
other means of display or diffusion;
• (i) to exploit the Deliverables directly or indirectly by any means
including but not limited to the doing of any of the acts specified
hereinabove; or
• (j) to make any translation or adaptation of the Deliverables or
to exploit the said translation or adaptation by any means
including but not limited to the doing of any of the acts specified
hereinabove.
10th October, 2015 Confidential

13. FUTURE FORMATS
•IS ASSIGNMENT OF
FUTURE FORMATS
ALLOWED?
•CAN BE DEFINED
10th October, 2015 Confidential 13

14. AUTHORS AGREEMENTS
• COMPENSATION
• CREDITS
March 2014 Confidential 14

15. AUTHORS AGREEMENTS
• ROYALTY - ISSUES
• WAIVER OF MORAL RIGHTS
• TERMINATION
• INDEMNITY – COPYRIGHT VIOLATION
• BOILER PLATES
10TH October, 2015 Confidential

16. USAGE OF THIRD PARTY IP/
IN FILM BRANDING
10th October, 2015 Confidential

17. USAGE OF THIRPD PARTY IP
• TERM - PERPETUAL LICENSE
• TERRITORY
• ONLY AS PART OF THE FILM
• MODE AND MEDIUM
• PROMOTION
• BONAFIDE MANNER
10th October, 2015 Confidential

18. OTHER AGREEMENTS
• RECORDING ARTISTS
• PERFORMERS
• DIRECTOR
• LINE PRODUCERS
• CHOREOGRAPHER
• FASHION DESIGNER
• ART DIRECTOR
• ……AND SO ON
10th October,2015
Confidential

19. LICENSING
10th October, 2015 Confidential
MOVIE
MERCHANDISING
TELEVISION
DIGITAL
MUSIC
AUDIO AND
AUDIO VISUAL
RADIO /
RADIO JINGLE/
PHYSICAL
FORMATS
ADVERTISEMENTS
AIRWAYS/
RAIL/ BUS /
CRUISE
REMAKE, THIRD PART
USE, HOSPITALS, LIVE
EVENTS, GROUND
PERFORMANCE OTHER
COMMERCIAL USE AND
OTHERS

20. EXAMPLES – RADIO JINGLE/ LUX
ADVERT
10th October, 2015 Confidential

21. LICENSE AGREEMENTS
• IMPORTANT CLAUSES
• DEFINITION
GRANT OF RIGHTS
 NATURE OF RIGHTS – EXCLUSIVE AND NON-
EXCLUSIVE
 TERM
 TERRITORY
 PLATFORMS
 MEDIUM
10TH October, 2015 Confidential

22. CLASS EXERCISE
• VIDEO
• LICENSE
10TH October 2015 Confidential

23. SAMPLE CLAUSE
• In consideration of the full and timely performance of the
obligations and undertakings of the Licensee, and the terms of this
Agreement and subject to and conditional upon their full and timely
performance and observance, the Licensor hereby grants to the
Licensee, a non-exclusive, non-transferable license for unlimited
Airings of the Licensed Work(s) on the Channel(s) during the Term
and within the Territory in accordance with the terms set forth
under this Agreement:
 To broadcast, communicate to the public and exploit the Licensed
Work(s) only in the Programs as defined above, on the Channels
through the Platforms within the Territory for the Term.
 To use the Licensed Work(s) only in Hindi language
 To use the Licensed Work(s) continuously for a duration of not more
than 180 seconds in a single instance.
10th October, 2015 Confidential

24. RESTRICTIONS ON LICENSE
• Restrictions on the License: The License granted hereunder
shall not cover or rest with the Licensee, the right:
• To use the Licensed Work(s) in any language other than
Hindi;
• to use more than three Licensed Work(s) back to back; and
• to use as the theme or title song of Program(s);
• to alter the fundamental character of the music of the
Licensed Work(s);
• to alter, amend, adapt, or in any other manner change the
Licensed Work(s), or any parts thereof, in a manner not
authorised herein;
10th October, 2015 Confidential

25. LICENSE AGREEMENT
• RESTRICTION ON LICENSE
• CONSIDERATION
• INTELLECTUAL PROPERTY AND CONFIDENTIALTY
• REPRESENTATION AND WARRANTIES
• INDEMNITY
• TERMINATION AND ITS CONSEQUENCES
• RIGHT OF FIRST NEGOTIATION/ RIGHT OF LAST
REFUSAL
• BOILER PLATES
10th October, 2015 Confidential

26. READING MATERIAL
• WWW.SINAPSEBLOG.COM
• MARK LITWALK - CONTRACTS FOR FILM AND
TELEVISION INDUSTRY
Confidential 26

27. Thank You
Contact Us:
Sharada Kalamadi
Associate Partner - BananaIP Counsels
Email: sharada@bananaip.com