Film Distribution Agreement Template for New Zealand

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Key Requirements PROMPT example:

Film Distribution Agreement

"I need a Film Distribution Agreement for a New Zealand independent documentary film, granting exclusive theatrical and digital distribution rights in Australia and New Zealand to ABC Distribution Ltd, with a planned release date of March 2025 and minimum guarantee of NZD 50,000."

Document background
The Film Distribution Agreement is a crucial commercial contract used in the New Zealand film industry when a production company or rights holder wants to grant distribution rights for their film to a distribution company. This agreement is essential for defining the commercial relationship between the parties and ensuring clear terms for the film's exploitation in specific territories. The document must comply with New Zealand legislation, including the Copyright Act 1994 and Films, Videos, and Publications Classification Act 1993. It typically includes detailed provisions about distribution rights, territory restrictions, revenue sharing, delivery requirements, marketing commitments, and reporting obligations. The agreement is particularly important for protecting intellectual property rights while enabling effective commercial exploitation of the film through various distribution channels, whether theatrical, digital, or broadcast.
Suggested Sections

1. Parties: Identification of the Rights Holder/Producer and the Distributor, including full legal names and addresses

2. Background: Context of the agreement, brief description of the film, and the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Territory', 'Rights', 'Term', 'Gross Receipts', etc.

4. Grant of Rights: Specific distribution rights being granted, including format types, platforms, and any restrictions

5. Territory: Geographic regions where the distribution rights apply

6. Term: Duration of the agreement, including start date, end date, and any renewal options

7. Delivery: Requirements for delivery of film materials, technical specifications, and delivery timeline

8. Distribution Commitment: Distributor's obligations regarding the release, exploitation, and promotion of the film

9. Financial Terms: Revenue sharing, minimum guarantee, accounting periods, and payment terms

10. Marketing and Promotion: Marketing commitments, approval rights, and promotional material requirements

11. Reporting: Requirements for sales reports, revenue statements, and audit rights

12. Representations and Warranties: Standard warranties regarding rights ownership, clearances, and authority to contract

13. Termination: Circumstances allowing termination and the consequences of termination

14. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Minimum Guarantee: Used when the distributor provides an upfront guarantee payment - includes payment schedule and recoupment terms

2. Subdistribution Rights: Include when the distributor is permitted to appoint subdistributors - specifies conditions and approval requirements

3. Award Consideration: Required for films seeking awards qualification - includes obligations regarding awards campaigns and submissions

4. Holdbacks: Include when specific release windows or platform restrictions apply

5. Editing Rights: Used when the distributor has rights to edit or modify the film for territory requirements

6. Music Rights: Include when music rights need separate treatment or have specific territory restrictions

7. Co-Distribution: Used in cases where multiple distributors share territories or rights

8. VOD/Digital Platform Requirements: Include specific terms for digital distribution when relevant

Suggested Schedules

1. Schedule 1 - Film Specifications: Technical details of the film including length, format, language versions

2. Schedule 2 - Delivery Materials: Detailed list of all materials to be delivered to the distributor

3. Schedule 3 - Minimum Release Requirements: Specific release obligations including number of screens, marketing spend, etc.

4. Schedule 4 - Revenue Definitions and Calculations: Detailed breakdown of revenue categories and calculation methodologies

5. Schedule 5 - Territory-Specific Requirements: Special requirements or restrictions for specific territories

6. Schedule 6 - Approved Marketing Materials: List of pre-approved marketing materials and artwork

7. Appendix A - Chain of Title: Documentation proving ownership and rights clearances

8. Appendix B - Music Cue Sheet: Details of all music used in the film and associated rights

9. Appendix C - Credits Requirements: Specifications for credit requirements and billing order

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Film & Television

Digital Media

Content Distribution

Broadcasting

Theatrical Exhibition

Video on Demand

Entertainment Licensing

Arts & Culture

Digital Entertainment

Relevant Teams

Legal

Business Affairs

Distribution

Content Acquisition

Rights Management

Finance

Marketing

Digital Operations

Sales

Contract Administration

Revenue Analysis

International Distribution

Relevant Roles

Distribution Rights Manager

Content Acquisition Manager

Film Producer

Entertainment Lawyer

Business Affairs Director

Sales Director

Distribution Operations Manager

Rights and Licensing Manager

Film Commissioner

Legal Counsel

Contract Manager

Content Strategy Director

Film Marketing Manager

Revenue Analysis Manager

Territory Manager

Digital Distribution Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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