For Independent Filmmakers

Welcome

Our Independent Filmmaker pages are loosely organized in the chronological order of legal and business matters you might face throughout your project -- from treatment to final cut. Please help us improve our site. If you notice an error or have a suggestion for a link or additional information, please contact us.

THIS WEB SITE HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE OR A LEGAL OPINION. ONLY YOUR ATTORNEY CAN ADVISE YOU ABOUT WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC SITUATION.

Work-Made-for-Hire-Agreement

At miniumum, a well-crafted work-made-for-hire agreement should address the following:

1. Scope of Work. What specific services will be provided? How will revisions be handled?

2. Delivery Schedule. What is the realistic deadline for the completion of the work? hat happends if the deadline is not met? Should there be deadlines to review and approve drafts before the final work is delivered?

3. Fee, Payment Schedule and Conditions for Payment. What is the payment schedule? At VLAA, we recommend negotiating agreements that provide for payment in installments, rather than waiting for the job to be completed.

It also is reasonable for an artist to expect a "kill" fee, which ensures payment for all work completed up until the time the client says she/he is not going to use the work or continue the project.

Should there be a statement saying that the client (the Filmmaker) may not pay the amount due unless the contractor (the Artist) has performed his/her duties satisfactorily?

4. Copyright. There should be a clear statement that the artist is giving up all rights in what she/he is being hired to create and that the artist will not receive any additional compensation. This is the heart of work-made-for-hire.

5. Credit. How will the artist be credited?

6. Assignment. Should the parties be allowed to pass their obligations on to other parties with our without consent?

7. Termination. What is the fair and reasonable way for both parties to end the working relationship?

8. Dispute Resolution. How will disputes be resolved? (VLAA recommends mediation.)

Our Sample Work-Made-for-Hire Agreement can be adapted for commissioning a screenplay, original music or other creative works. The agreement may not suit your situation and the laws of your state, and we encourage you to seek legal advice.

Note: If you formed an LLC or some other business entity in order to make the film, then the business must be listed as the filmmaker.

SAMPLE WORK-FOR-HIRE AGREEMENT

Next: The Permission Process