El blog de Satyrstudio

El diario de un productor de cine porno

Legalidad en el Porno

Posted by satyrstudio en junio 8, 2006

Para los que me lo pidideron, este es el modelo de contrato con el personal tecnico.

Merci Alex por este modelo.

LEGAL DISCLAIMER

The copyright in and to the sample contracts herein is owned and retained by the originator of the work (“the Owner”). These sample contracts and documents have been created for your general information only. The Owner, the authors, and the publishers cannot therefore be held responsible for any losses or claims howsoever arising from any use or reproduction. Nothing in this document should be construed as legal advice. The information provided and the sample contract and documents are not a substitute for consulting with an experienced entertainment lawyer and receiving counsel based on the facts and circumstances of a particular transaction. Furthermore case law and statutes and European and International law and industry practise are subject to change, and differ from country to country.

This contract has been compiled by solicitors who wish to emphasise that these notes and agreements are not a substitute for specific legal advice and are designed for very general guidance only.

Crew Agreement

This is a guideline only and should not be relied upon without taking legal advice.

Dated:

PRODUCER: (“the Producer”)

Address:

CREW MEMBER:(“the Crew Member”)

Address:

FILM TITLE:(“the Film”)

1. Services: The Producer hereby engages the Crew Member and the Crew Member undertakes and agrees to render to the Producer his/her services (hereinafter called “the Services”).

2. The Period of Engagement shall commence on or about ………………………………… (hereinafter called “the Start Date”) and shall continue until the earlier of;

a) completion of the Film in all respects ready for delivery to the principal distributor of the Film

b) termination of the Crew Member’s engagement pursuant to the provisions of this agreement

3. Payment: Subject to the provisions of this Agreement and the observance and performance by the Crew Member of all his obligations under it the Producer shall pay to the Crew Member the sum of ……………………………….. per week/ day (or a fixed amount), for all services rendered by the Crew Member in respect of the Film and for all rights in the products of such services

b) all sums payable to the Crew Member under this agreement are exclusive of Value Added Tax (“VAT”). The Producer shall pay such VAT as is properly charged by the Crew Member promptly following receipt of the Crew Member’s tax invoice.

c) The Producer is expressly authorised by the Crew Member to deduct and withhold from all sums due to the Crew Member all deductions (if any) in accordance with local laws and regulations from time to time applicable

d) all sums payable under this clause 3 shall be paid directly to the Crew Member, whose receipt shall be a full and sufficient discharge to the Producer.

e) the Crew Member acknowledges that the remuneration provided under this clause 3 shall be inclusive of all guild and union minimum basic fees, overtime and all residual repeat and re-run payments, direct or indirect employment and like taxes and state governmental and / or social security contributions.

4. Expenses: All payments of pre-approved expenses to the Crew Member will be issued on a weekly basis by the Producer on provision of relevant invoice therefor.

5. Duration of Filming: The filming week shall be a 6 day week where the Producer may nominate such 6 days as in any week but the Crew Member shall not be required to work more than 7 consecutive days without receiving the next consecutive day off. A Filming day will not exceed 14 hours inclusive of meal breaks. Any hours worked in excess of the said 14 hours will at the Producer’s sole election either be carried over to the following day or a payment of a pro rata hourly rate shall be paid to the Crew Member on the pay day next falling due.

6. Rights/consents: 6.1 The Crew Member with full title guarantee assigns and grants to the Producer the whole of the Crew Member’s property right, title, interest in and to the Film and the entire copyright and all other rights in and to all products of the Crew Members services in connection with the Film including all vested future and contingent rights to which the Crew Member is now or may hereafter be entitled under the law in force in any part of the universe for the Producer’s use and benefit absolutely for the full period or periods of copyright throughout the universe including all reversions, revivals, renewals and extensions created or provided by the law of any country. The Crew Member undertakes to execute all such documents and takes all such steps as may from time to time be necessary to secure to the Producer the rights in this clause 6.1

6.2 The Producer shall have the right to make, produce, sell, publicly exhibit, lease, license, hire, market, publicise, distribute, exhibit, diffuse, broadcast, adapt and reproduce mechanically graphically electronically or otherwise howsoever by any manner and means (whether now known or hereafter devised) the Film and all products of the Crew Member’s services throughout the universe; to permit any third party to exercise any of such rights in the sole discretion of the Producer.

6.3. The Crew Member hereby irrevocably and unconditionally waives all rights relating to the Crew Member’s services in the Film to which the Crew Member is now or may in the future be entitled pursuant to the provisions of Section 77 80 84 and 85 of the Copyright, Designs and Patents Act 0f 1988 and any other moral rights to which the Crew Member may be entitled under any legislation now existing or in the future enacted in any part of the world.

7. Crew Member’s warranties: The crew member hereby warrants, undertakes and agrees that;

7.1 the Crew Member is free to enter into this agreement and has not entered and will not enter into any arrangement which may conflict with it

7.2 the Crew Member will render his/her services in willing co-operation with others in the manner required by the Producer and in accordance with the production schedule established by the Producer.

7.3 The Crew Member shall not without consent in writing of the Producer issue any publicity relating to or otherwise reveal or make public any financial, creative or other confidential information in connection with the Film or the terms of this agreement or the business of the Producer and will not knowingly commit any act which might prejudice or damage the reputation of the Producer or inhibit the successful exploitation of the Film

7.4 The Crew Member is in a good state of health and shall use his/her best endeavours to remain so during the continuance of this agreement

7.5 the Producer shall have the right to make the Crew Member’s services available to third parties and the Crew Member will co-operate fully with such third parties and follow all lawful directions and instructions of such third parties

7.6 The Crew Member shall at all times throughout his/her engagement keep the Producer informed of their whereabouts and telephone number

7.7 The Crew Member will not on behalf of the Producer enter into any commitment contract or arrangement with any person or engage any person without the Producer’s prior written consent

7.8 The Crew Member shall willingly and promptly co-operate with the Producer and shall carry out such services rendered by the Crew Member as when and where requested by the Producer and follow all reasonable directions and instructions given by the Producer

7.9 the Crew Member shall attend at such locations and times as are reasonably required by the Producer from time to time

7.10 the Crew Member shall comply with and observe all union rules and regulations and all the formal agreements, rules and regulations relating to safety, fire, prevention or general administration in force at any place in which the Crew Member shall be required by the Producer to render any services

7.11 Upon the expiry of earlier termination of the Crew Member’s engagement, the Crew Member will deliver up to the Producer all scripts, photographs and other literary or dramatic properties all film materials and all other properties, documents and things, whatsoever which the Crew Member may have in the Crew Member’s possession or under the Crew Member’s control relating to the Film

7.12 the Crew Member shall indemnify the Producer and keep it fully indemnified against all proceedings, costs, claims, awards, damages, expenses (including without limitation legal expenses) and liabilities arising directly or indirectly from any breach of the Crew Member’s undertakings, obligations or warranties hereunder

8. Credit: Subject to the Crew Member rendering their services under the terms of this agreement, the Crew Member shall be given credit on the Film. The Producer shall determine in it’s discretion the manner and mode of presentation of the Crew Member’s credit. The Producer shall not be obliged to accord credit to the Crew Member in any other method of advertising or publicity. No casual or inadvertent failure by the Producer or any third party to comply with providing credit, and no failure by persons other than the Producer to comply with their contracts with the Producer shall constitute a breach of this Agreement by the Producer. The rights and remedies of the Crew Member in the event of a breach of this clause 8, by the Producer shall be limited to the rights (if any) to recover damages in an action at law and in no event shall the Crew Member be entitled by reason of any such breach to enjoin or restrain or otherwise interfere with the distribution, exhibition or exploitation of the Film.

9. Producer’s liability: The Producer shall not be liable for any loss of or damage to any clothing or other personal property of the Crew Member whether such loss or damage is caused by negligence or otherwise howsoever except to the extent that the Producer receives compensation from an insurance company or other third party.

10. Waiver: No waiver by the Producer of any failure by the Crew Member to observe any covenant or condition of this agreement shall be deemed to be a waiver of any preceding or succeeding failure or of any other covenant of condition nor shall it be deemed a continuing waiver. The rights and remedies provided for in this agreement are cumulative and no one of them shall be deemed to be exclusive of the others or of any rights or remedies allowed by law. The rights granted to the Producer are irrevocable and shall not revert to the Crew Member under any circumstances whatsoever. In the event that the Producer terminates or cancels (or purports to terminate or cancel) this agreement or any other agreement entered into by and between the Producer and the Crew Member (and even if such cancellation or termination or purported termination or cancellation is ultimately determined by a court to have been without proper or legal cause or ultimately determined by such a court that the Producer committed any material breach of any such agreement) the damage (if any) caused to the Crew Member thereby is not irreparable or sufficient to entitle the Crew Member to injunctive or other equitable relief and the Crew Member shall not have any right to terminate this agreement or any such other agreement or any of the Producer’s rights hereunder.

11. Insurance: The Producer may secure in it’s own name or otherwise at its own expense life accident health cast pre-production and other insurance covering the Crew Member independently or together with others and the Crew Member shall not have any right, title, or interest in or to such insurance. The Crew Member shall assist the Producer to procure such insurance and shall in timely fashion submit to such customary medical and other examinations and sign such applications and other instruments in writing as may be required by the insurance company involved.

12. Condition precedent: As a condition precedent to any and all liability of the Producer, the Crew Member shall at the Crew Member’s own expense apply for and assist the Producer in applying for and do all such things as may be necessary in support of any application for the Crew Member’s membership of any trade union, labour or professional organisation or guild and/or for passports, visas, work permits or other matters necessary to enable the Producer to make use of the Crew Member’s services. If as a result of such application being refused, revoked or cancelled the Producer shall be unable to make use of the Crew Member’s services this agreement shall be deemed null and void and without effect and without liability whatsoever on the parties save that the Crew Member shall repay to the Producer any sums previously paid to him/her pursuant to clause 3.

13. Suspension: a) The Producer shall be entitled by written notice giving reasons for such suspension to the Crew Member at any given time, to suspend the engagement of the Crew Member hereunder (whether or not the term of such engagement has commenced) if and so long as:-

13.a.1 the production of the Film is prevented, suspended, interrupted, postponed, hampered or interfered with by reason or on account of any event of force majeure, fire, accident, action of the elements of war, riot, civil disturbance, sickness, epidemic, pestilence, national calamity, act of God or any actual labour disputes, or illness or incapacity of the Producer or the director of the Film or any principal artist or principal technician or any other cause not reasonably within the control of the Producer,

13.a.2 the Crew Member fails, refuses or neglects duly to render willingly and to the utmost of the Crew Member’s skill and ability, the Crew Member’s full services or that the Crew Member fails, refuses, or neglects fully to observe or comply with, or perform any of the Crew Member’s obligations under this agreement.

13.b.1. suspension shall commence from the date of the event giving rise to such suspension and shall continue for the duration of such event and for such reasonable period thereafter as may be necessary for the Producer to make arrangements to commence or resume production of the Film.

13.b.2 During this period of suspension, the Producer ceases to be liable to make any payments of remuneration or provide accommodation or living expenses if the suspension is due to the Crew Member’s neglect, default, disability, incapacity or refusal) save such payment Instalments as shall have become due and payable prior to the suspension and the period of engagement shall be extended or the commencement of engagement shall be postponed by an equal period to the suspension

13.b.3 all rights of the Producer in respect of the services rendered and products of those services thereof by the Crew Member previous to the suspension shall not be affected and shall remain vested in the Producer.

13.b.4 If the Producer pays any remuneration to the Crew Member during any period of suspension arising pursuant to clause 13.a.2, then the Producer may require the Crew Member’s services hereunder without additional payment to the Crew Member for an equal period to the suspension during which the Producer paid remuneration to the Crew Member.

14. Termination: a.) The Producer shall be entitled (but not obliged) by written notice giving reasons for the termination to the crew member given at any time, to terminate the engagement of the Crew Member hereunder (without prejudice to any other rights and remedies available to the Producer hereunder) if:-

14.a.1 suspension continues for 3 consecutive weeks or 4 weeks in the aggregate or more, according to clause 13.a.1, or

14.a.2 at any time in the circumstances referred to in clause 13.a.2,

14.a.3 the Crew Member does not fulfil their respective obligations under this Agreement.

14. b) In the case of termination of the engagement of the Crew Member under the foregoing provisions or by the death of the Crew Member

14.b.1 such termination shall be effective from the date of the event giving rise to the termination or (if there shall have been a prior suspension) from the date of the event giving rise to the suspension from which such termination arose

14.b.2 any claim which the Producer may have against the Crew Member in respect of any breach, non performance or non observance of any of the material provisions of this Agreement arising prior to such termination or out of which such termination shall arise shall not be affected or prejudiced.

14.b.3 the Producer’s title to and ownership of all copyrights and all other rights in or in connection with the services and all other rights in or in connection with the services rendered by the Crew Member up to the date of such termination and in all the products of such services shall not be affected and such rights shall accordingly be or remain vested in the Producer.

14.b.4 payment to the Crew Member of the instalments due and payable to the Crew Member up to the effective date of such termination shall operate as payment in full and final discharge and settlement of all claims on the part of the Crew Member under this agreement and accordingly the Producer shall not be under any obligation to pay to the Crew Member any further or other sums on account of remuneration or otherwise nor shall the producer be under any liability whether by way of damages or otherwise for any inconvenience or loss of publicity or other loss suffered by the Crew Member by reason of the termination of the Crew Member’s engagement hereunder (but the provisions of this paragraph shall not affect the Producer’s rights referred to in clause 14.b.2.

15. Conflict: Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this agreement and any statute law ordinance or regulation contrary to which the parties have no legal right to contract then the latter shall prevail but in such event the provisions of this agreement so affected shall be curtailed and limited only to the extent necessary to bring them within the legal requirements.

16. Assignment: The Crew Member expressly agrees that the Producer may transfer and assign this agreement or all or any part of the Producer’s rights under it. The Agreement shall inure to the benefit of the Producer’s successors, licensees, and assigns but the Producer shall not thereby be relieved of it’s obligations.

17. Self employed status: The Crew Member warrants to the Producer that the Crew Member is self employed and is not considered to be an employee of the Producer and the Crew Member warrants to the Producer that he/she is personally responsible for all tax, national insurance and/or other taxes levied by the inland revenue (or relevant tax authority if working abroad). The Crew Member shall provide evidence of their self employed status to the Producer. The Crew Member indemnifies and holds harmless the Producer for any liability to pay local or governmental taxes arising from the Crew Member’s engagement.

18. Notices: All notices served upon either party by the other hereunder shall be delivered by hand at or sent by prepaid recorded delivery letter post or by facsimile addressed to the respective addressed hereinbefore contained or any subsequent address duly notified and if delivered by hand shall be deemed to have been served five days after posting and if sent by facsimile shall be deemed served 24 hours after receipt of the facsimile (and facsimile notice shall be confirmed by post).

19. This Agreement contains the full and complete understanding between the parties and supersedes all prior agreements and understandings whether written or oral pertaining thereto and cannot be modified except by a written instrument signed by the Crew Member and the Producer.

20. Nothing contained in this Agreement shall or shall be deemed to constitute a partnership or a contract of employment between the parties.

21. This Agreement shall be construed in accordance with and governed by the laws of England whose courts shall be the courts of the competent jurisdiction.

IN WITNESS WHEREOF the parties hereto have executed the within Agreement as of the date first set forth hereinabove

(insert name of Producer)

By………………………………………………………………………

Duly Authorised Officers………………………………………..

Accepted and Agreed to:

…………………………………………………..

*VAT number or NI no. if applicable:

Accompanying Notes

NOTE 1: Deferments. If the fee or proportion of the fee is to be deferred, there should be further provisions that should also be mentioned, i.e. that the Deferment will be pro rata and pari passu with all other deferments to persons, providing services to the Film, after which all deferments to companies and firms should be met. All deferred sums are payable in first place from receipts received by the Producer from the exploitation of the Film subject to the recoupment of the production and post production cost of the Film only. It should be emphasised that the Deferment is a contingent amount and is only payable to the extent sufficient receipts are generated. It should also be mentioned that the Producers will use their reasonable endeavours to procure that their auditors or any other firm of Chartered Accountants appointed, will provide an audited detailed statement of all transactions relevant to the production and the income generated which should be made available to the crew member/ and or representatives by a specified date.

NOTE 2: Payment. It should be made clear whether or not this agreement is a non guild or union agreement. Clause 3 (e) refers to a buy out.

NOTE 3: Expenses: The travel arrangements to and for the set are usually the responsibility of the crew member. However if on location, the crew member is provided with accommodation and travel expenses depending on the budget of the Film.

NOTE 4: Self employment: It is necessary that if the crew member is self employed, the producer receives written confirmation and evidence to prove their status. Otherwise responsibility falls upon the Producer who could be heavily penalised for not paying on time and be subject to the danger of prosecution.

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