Coproduction Agreement Template for United States

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Key Requirements PROMPT example:

Coproduction Agreement

"Need a Coproduction Agreement for a joint venture between our US-based production company and a French studio to produce a documentary series, with specific provisions for international tax credits and clear guidelines on creative control, targeting production start in March 2025."

Document background

The Coproduction Agreement is essential when multiple entities collaborate to create media content. This document, governed by U.S. law, outlines each party's rights, responsibilities, and financial obligations. It's particularly crucial for international productions, joint ventures, and projects requiring significant resource sharing. The agreement typically includes detailed provisions for budget management, creative control, profit sharing, and distribution rights, while ensuring compliance with relevant entertainment industry regulations and standards.

Suggested Sections

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background/Recitals: Sets out the context and purpose of the coproduction arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Coproduction: Details the project being produced and each party's role

5. Financial Contributions: Specifies each party's financial obligations and investment structure

6. Rights and Ownership: Establishes copyright ownership and intellectual property rights

7. Production Management: Outlines production process, timeline, and management structure

8. Distribution Rights: Details how the finished product will be distributed and in which territories

9. Revenue Sharing: Specifies how revenues will be allocated between parties

10. Term and Termination: Sets out duration of agreement and termination provisions

Optional Sections

1. International Considerations: Required for international coproductions, covering cross-border issues

2. Tax Credit Provisions: Addresses allocation of tax incentives and credits

3. Union Compliance: Details compliance with relevant union requirements

4. Product Placement: Guidelines for incorporating sponsored content

5. Soundtrack Rights: Addresses music rights and revenue sharing

Suggested Schedules

1. Budget: Detailed production budget breakdown

2. Production Schedule: Timeline of pre-production, production, and post-production

3. Chain of Title: Documentation proving ownership of underlying rights

4. Key Personnel: List of key creative and production personnel

5. Distribution Plan: Detailed marketing and distribution strategy

6. Insurance Requirements: Specific insurance coverage requirements

7. Revenue Waterfall: Detailed breakdown of revenue allocation

8. Territory Rights: Breakdown of distribution rights by territory

9. Required Deliverables: List of required production elements and materials

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Film Production
Television Production
Digital Media
Animation
Entertainment

Relevant Teams

Legal
Finance
Production
Business Affairs
Distribution

Relevant Roles

Executive Producer
Production Manager
Legal Counsel
Business Affairs Director
Finance Director

Industries

Copyright Law: Includes U.S. Copyright Act (17 U.S.C.), Digital Millennium Copyright Act (DMCA), work-for-hire provisions, and joint authorship rules

Contract Law: Encompasses state-specific contract laws, Uniform Commercial Code (UCC), and Statute of Frauds requirements

Entertainment Industry Regulations: Covers FCC regulations, state film/television production regulations, SAG-AFTRA requirements, and MPAA guidelines

Labor Laws: Includes Fair Labor Standards Act (FLSA), state-specific labor laws, independent contractor regulations, and union labor requirements

Tax Laws: Covers federal tax regulations, state tax incentives for production, international tax treaties, and revenue sharing implications

Intellectual Property Laws: Encompasses trademark law, right of publicity, trade secrets protection, and patent law considerations

International Treaties: Includes Berne Convention, WIPO Copyright Treaty, bilateral coproduction treaties, and international distribution agreements

Securities Laws: Covers Securities Act of 1933, Securities Exchange Act of 1934, and state securities laws (Blue Sky Laws)

Privacy Laws: Includes state privacy laws, federal privacy regulations, and GDPR compliance considerations

Insurance Requirements: Covers production insurance regulations, workers' compensation laws, and liability insurance requirements

Distribution Laws: Encompasses antitrust regulations, platform-specific requirements, and territory-specific distribution rules

Financing Regulations: Includes banking regulations, investment rules, and crowdfunding regulations

Ownership Structure: Covers rights and responsibilities definition, revenue sharing arrangements, decision-making authority, and copyright ownership

Risk Allocation: Includes indemnification provisions, insurance requirements, liability limitations, and force majeure provisions

Operational Issues: Encompasses budget control, creative control, production schedule, and quality standards

Dispute Resolution: Covers choice of law provisions, jurisdiction, arbitration/mediation clauses, and remedies

Compliance Requirements: Includes reporting obligations, record-keeping requirements, audit rights, and regulatory filings

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Authors

Alex Denne

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