In the event of profit sharing or deferrals, these are reflected in the agreement. In this regard, the production company will review the title chain in order to verify whether it can acquire from the manufacturer the rights it needs for the production and distribution of the film, as well as any additional rights or accessories it wishes to exploit. The licensee, such as the screenwriter, producer or production company, is responsible for making available the documents that justify the title chain. These documents are usually made up of original duplicates or readable copies of all agreements, licenses, waivers or other documents indicating a change of ownership of a film project from the outset, and may ultimately contain many of the following: In the traditional employment contract of the manufacturer, the production company or studio directly employs the individual manufacturer to provide its services to the image of the film. Where the manufacturer has acquired the film and the rights associated with a script or other literary material or has the opportunity to entitle itself to all rights to the literary factory and option agreement, the manufacturer is generally required, as a precondition for the agreement, to terminate its rights to the production company. This means that if the production company agrees to finance and produce the image and employ the producer, it must also acquire the producer`s rights to the underlying property through an assignment of the producer, as well as a termination by the manufacturer of all rights to the underlying property. While the registration of a copyright assignment with the U.S. Copyright Office is not necessary to obtain a copyright assignment, it guarantees a good chain of titles in and towards copyright. Production lenders generally require a final loan. However, a complete string of title materials is usually required to obtain a closing guarantee.
In other words, if a filmmaker seeks some form of film financing or film distribution, anyone representing a large studio/distributor, an independent production company or an independent distributor will end up asking, « Who owns the rights? » or « What is the state of your channel of securities? » If the filmmaker does not even know what the string of sentences of the title means, or does not have his own cover channel, the chances of concluding this agreement are quite limited (not to mention the likelihood that the filmmaker will be considered unfeasance or unknown). It is the job of independent filmmakers to know the channel of coverage. The preferred answer to this inevitable question is to say, « Of course, it is here. » Obviously, many individuals and works come into play when they make a film. In order for the producer or production company to have the legal rights to sell the film, they must prove that they have the rights to use all the works. If they do not, they violate a person`s automatic copyright and face legal action against them. It is the then important to establish a chain of titles before the sale and distribution of the film. The title chain aims to protect all original works used in the film, while noting that there is appropriate documentation regarding rights transferred or granted to the filmmaker by third parties. Property rights may include copyright, trademarks and/or advertising rights. The so-called « chain » rotates from the current owner at some point to the original owner of these property rights.
As a result, this collection of documents can continue to grow over time. It is usually maintained in chronological order and is included in a flexible file folder, wallet, briefcase, bankers box or any other appropriate carrier bag. As a general rule, the chain of titles subject to other verification purposes would consist of copies of the original documents. Much of the work, which is related to the creation and maintenance of a clean channel of titles, is the expertise of an entertainment lawyer, so the filmmaker wants to at least consult an experienced entertainment lawyer regarding the title issue chain and what should be included in the