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El “Micky Mouse”

Posted by satyrstudio en junio 29, 2006

Esta que veis aquí es la foto que se había mencionado en algún artículo, el Mickey… Sirve para comprobar que la modelo es mayor de edad y te la pedirán adjunta a la otra documentación cuando vayas a vender tu película.

Acuerdate pues de hacerla. También hay quien las hace con un pasaporte y el periodico del dia, para que se vea que en la fecha de rodaje ya era mayor de edad….

fotomodelrelease

Posted in Legalidad en el cine X | Leave a Comment »

NOTA

Posted by satyrstudio en junio 29, 2006

A ver, publico esta nota a raiz de un comentario de un profesional que me ha hecho ver ciertos aspectos que pueden ser negativos de algunas informaciones que doy en la página.

Como sabeis, abrí hace ya algún tiempo una categoría dedicada a la legalidad del cine X.

Es evidente, o al menos así lo creo, que la información que podeis encontrar aquí es útil. Hay modelos tipo de contrato que os guiarán sobre lo que debeis usar. PERO y lo recalco en negrita por algo, son simplemente una guía. En cualquier caso, si de verdad os interesa estar dentro de la legalidad, un modelo tipo de contrato no sustituirá la consulta al abogado… que para algo hacen la carrera!!!

Siempre debeis consultar con un especialista, ya sea abogado, o gestor o profesional del sector que esté al tanto de las ultimas leyes o reformas legales. El desconocimiento no exime de la responsabilidad ante la ley, así que haceros un favor, que por ahorraros cuatro euros os arriesgais a tener problemas serios.

un saludo

oscarbares

Posted in Legalidad en el cine X, Notas y Noticias | Leave a Comment »

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.

Posted in Legalidad en el cine X | Leave a Comment »

Legalidad en el Porno. Musica

Posted by satyrstudio en junio 3, 2006

Hola de nuevo, aquí teneis otro modelo más de diferentes tipos de contratos.
Gracias a Alex por hacermelos llegar.

MUSICA ORIGINAL:

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.

Composers Agreement

(Original score)

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

THIS AGREEMENT is made the …….day of ……………199..

BETWEEN:…………………………………..

hereinafter called “the Company” which expression includes it’s successors in title licensees and assigns)

AND……………………………………………..

(hereinafter called “the Composer”)

WHEREAS:

The Company is currently engaged in the production of a film called “……………” (“the Film”) and wishes to engage the services of the Composer to write compose and arrange the Music and record the Recordings (as hereinafter defined) to be included in the Film upon the following terms.

NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS:-

1. The Company hereby engages the Composer and the Composer undertakes to make available his services as hereinafter provided (hereinafter called “the Services”) on the terms and conditions herein contained:

1.1. The Composer shall compose and arrange the music (“the Music”)

1.2. The Composer shall perform and record the Music (“the Recordings”) and shall record the Music in a first class recording studio to a commercial and technical quality suitable for the synchronisation of the Recordings made therefrom in timed relation with the Film and for the reproduction therefrom of Records for sale to the public. The Composer shall deliver the Recordings to the Company on or before……………………199..

1.3. The Composer acknowledges that the soundtrack for the Film shall include certain music and recordings thereof (“the Licensed Music”) written and recorded prior to the date hereof and owned or controlled by third parties. The details of the Licensed Music are specified in Schedule A hereof and in rendering the Services hereunder the Composer shall take account of such Licensed Music to be included in the Film and such Licensed Music shall not be deemed to be Recordings or Music hereunder. The Composer shall arrange clearance and pay all necessary fees for all Licensed Music

2. The Composer hereby agrees, warrants and undertakes with the Company that:

2.1 The Composer will render the Services hereunder to the full extent of his creative and artistic skill and technical ability.

2.2. The Music and the Recordings will be wholly original to the Composer and will not infringe the copyright or any other like right of any person firm or company.

2.3. The Composer is free to enter into this Agreement and that he has the unencumbered right to grant to the Company all of the rights and Services hereby granted and that no prior contract or agreement of any kind entered into by the Composer will interfere in any way with the proper performance of this Agreement by the Composer.

2.4. The Composer will execute do and deliver all such acts deeds and instruments as the Company may at it’s own expense from time to time require for the purpose of confirming or further assuring it’s title to the rights assigned or intended to be assigned hereunder.

2.5 The Composer will indemnify and hold the Company harmless against all claims costs proceedings demands losses damages and expenses arising out of any breach of any of the warranties and representations and agreements on his part contained in this Agreement.

2.6 That no material composed by the Composer recorded on the Recordings will in any way infringe the rights of any third party.

2.7 That the Composer hereby grants to the Company (and it’s licensees and assignees) on behalf of the Composer and any person whose performances are embodied on the Recordings the requisite consents pursuant to the provisions of the Copyright Designs and Patents Act 1988 or any similar legislation throughout the world in order that the Company and it’s licensees an assignees shall have the fullest use of the Composer’s and such persons services hereunder and the products thereof.

2.8 That the Composer and all other persons who have performed on the Recordings hereby irrevocably and unconditionally waive any and all moral rental lending and like rights the composer and such persons may have pursuant to the Copyright Designs and Patents Act 1988 or otherwise in respect of the Recordings the Music and the performances embodied thereon.

3. In consideration of the agreements on the Company’s behalf herein contained the Composer with full title guarantee hereby assigns (subject to the rights in the Music vested in the Performing Rights Society Limited (“PRS”) and it’s affiliated societies by virtue of the Composer’s membership of PRS) to the Company and it’s successors in title (and so far as the same has not been completed at the date hereof by way of immediate assignment of future copyright) and for the full periods of copyright and all renewals and extensions thereof throughout the world (“the Territory”) whether now or hereafter existing the entire copyright rental rights and all like rights whether now or hereafter existing in the Recordings and the product of the Services and all Masters thereof and the Composer hereby grants to the Company (it’s licensees and assigns) the exclusive right and licence to use the Music in synchronisation with the Film and to use the Music as incorporated in trailers therefor and to record broadcast transmit exhibit and perform for an unlimited number of times and otherwise distribute and exploit by sale hire or otherwise in all and any media (including videos) the Music as part of or in synchronisation with the Film or trailers therefor or upon Records incorporating all or part of the soundtrack of the Film for the full period of copyright and any and all renewals and extensions thereof throughout the universe TO HOLD the same unto the Company absolutely throughout the Territory.

4. The Composer hereby grants to the Company (and warrants and undertakes that it is entitled to make such grant):

4.1. The irrevocable right to issue publicity concerning the Composer’s Services and the product of the Services hereunder including the right to use and allow others to use the names professional names likeness, photograph and biography of the Composer and all musicians featured on the Recordings in Connection with the Music, the Recordings and/or the Film and the exercise of the rights granted hereunder.

4.2. The right to decide when and/or whether to commence cease or recommence the production of Records embodying the Recordings on whatsoever label and the right to fix and alter the price at which such Records are sold.

4.3. The right to licence grant transfer or assign without having to obtain any further consent from the Composer all or any of it’s rights (including without limitation any or all of it’s rights in the Recordings and the Music) hereunder and the benefit of this Agreement to any third party.

5. The Composer hereby further authorises and empowers the Company at the Company’s expense to take such steps and proceedings as the Company may from time to time consider or be advised are necessary to protect and reserve to the Company all rights hereby granted or expressed to be granted to the Company and the Composer hereby further authorises and empowers the Company and hereby appoints the Company his Attorney to institute actions and proceedings in the name of the Composer (but in any event at the Company’s expense) or otherwise in respect of the infringement or violation of any of the rights hereby assigned or granted or expressed to be assigned or granted.

6. The Composer shall at the Company’s request and expense take such steps and proceedings as the Company may require and to execute all or any further documents to vest in the Company and/or to renew and extend any and all rights an/or copyrights assigned or agreed to be assigned hereunder and which are or may hereafter be secured upon the Music and the Recordings or any part thereof and after such renewal or extension to transfer and assign to the Company the rights herein granted for such renewal or extended term. In the event that the Composer shall fail so to do within 7 (seven) business days of receiving a request therefor the Company is hereby authorised and empowered to exercise and perform such acts and to take such proceedings in the name and on behalf of the Composer and as the Attorney-in-fact for the Composer.

7. 7.1. As full and final consideration for the Services hereunder and for the grant of rights in respect of the Music and the Recordings contained herein and for the physical tapes and for all expenses incurred by the Composer in arranging the Recordings the Company shall pay to the Composer the

7.1.1. The sum of £……(…….pounds) payable on signature hereof (receipt of which is hereby acknowledged).

7.1.2. A royalty in respect of Records reproducing only the Recordings sole paid for and not returned and the said royalty shall be calculated upon the Royalty Base Price of each such Record at the rate of 7% (seven percent) (“the Royalty Rate”) and subject as hereinafter appears.

7.2. The remuneration payable to the Composer by the Company pursuant to clauses 7.1.1. and 7.1.2. in respect of the Services is and shall represent full and final consideration for the Services and the entire product of such Services and the rights granted to the Company hereunder and shall include any and all residual repeat rerun foreign use exploitation and other fees and payments of whatever nature due to the Composer or the Composer by virtue of any guild or trade union agreement and any and all payments due to the funds of any guild or union or other similar taxes and state and government and social security contributions. No further or additional payment shall be due from the Company to the Composer in respect of any of the foregoing or by reason of the number of hours in a day or days in the week in which the Services shall have been rendered or for any other reason whatever.

7.3. The Company shall ensure that mechanical royalties are payable to the appropriate collection society and/or publisher in respect of the sale of Records embodying the Music.

8.1 . In respect of a Record reproducing the Recordings and also recordings not the subject of this Agreement the royalty payable to the Composer shall be that proportion of the Royalty Rate which the Recordings reproduced on such Record bear to the total number of recordings reproduced thereon.

8.2. No royalties shall be payable upon promotional Records given away free goods Records sold or distributed under any arrangement for the sale of deleted Records promotional Records Records for which the Company is not paid Records sold at a discount at 50% (fifty percent) or more from published price audio-visual Records.

8.3. If in any agreement made between the Company and the Company’s licensees or assigns the royalty payable to the Company by the Company’s licensees or assigns or the basis upon which such royalty is calculated shall be reduced (including all reduced rate half rate terminal reductions and royalty free provisions) then the royalty and Royalty Rate payable to the Composer shall be reduced by a like proportion.

8.4. The Composer shall have the first option to produce any soundtrack Record of the Film upon terms to be agreed if the Company in it’s sole discretion decides to release such a Record. The costs of editing, remixing and converting the Recordings produced for the Film for the purpose of reproducing the Recordings upon Records shall be treated as an advance against the first recoupable from any and all royalties due to the Composer hereunder pursuant to clause 7.1.

9. 9.1. The Company shall supply to the Composer within 90 (ninety) days after the end of June and December in each year a statement showing the latest information received by the Company during such half year period as to the number of Records sold and the amount of royalty due to the Composer. The Company shall be entitled to establish a reserve for potential returns of Records apparently sold in any half year in a reasonable quantity. The Company’s liability to pay royalty to the Composer hereunder shall be limited to the amounts thereof actually received by the Company and the Company may deduct and retain from any sum payable to the Composer hereunder any withholding taxes required to be deducted by any government or law.

9.2. The Composer hereby directs the Company to make all payments due to the Composer to (name of agent if any) whose receipt thereof shall be a full and sufficient discharge of the Company’s obligations in respect of such payments.

10. 10.1 The Company shall accord the Composer on all positive prints of the Film made by or to the order of the Company a main title credit on a separate card substantially in the form “Original Music by”.

10.2. The Company shall instruct the distributors and exhibitors of the Film to accord the Composer credit as hereinabove provided on all prints of the Film issued by such distributors and exhibitors but the Company shall not be liable for the neglect or default of any such distributors or exhibitors so long as it shall have notified the distributors of the credit to which the Composer is entitled hereunder.

10.3. The Company shall use it’s best endeavours to afford a credit to the Composer upon all paid advertising for the Film subject to the distributor’s usual credit exclusions.

10.4. In respect of soundtrack Records of the Film the Company shall accord the Composer a credit in the form “Original Music by” on the back cover and label of the Record save that such credit shall appear on the front cover and label of the said Records if 50% (fifty percent) or more of the Recordings featured on such Record were performed by the Composer and a credit “Produced by Stephen Warbeck” if 50% (fifty percent) or more of the Recordings featured on such Record were produced by the Composer on the back cover and label thereof but otherwise on the same terms and conditions as set out in this clause.

10.5. No casual or inadvertent failure to accord the Composer or any other party credit hereunder shall constitute a breach of this Agreement by the Company and/or the Composer’s remedies in the event of a breach shall be confined to recovery of damages.

11. The Composer acknowledges that it and the Composer has prior to signature hereof received independent expert advice on the contents hereof to enable him to understand fully the terms of this Agreement.

12. In the event of a breach of this Agreement by Company the Composer shall not be entitled to equitable relief or to terminate or rescind this Agreement or any of the rights granted to Company herein or to restrain enjoin or otherwise impair the production distribution advertising or other exploitation of the Film the Composer’s sole remedy being an action at law for damages if any.

13. For the purposes hereof the following words shall have the following meanings:

“Record” – shall mean vinyl records, compact discs, tapes, cassettes, CDI, CD Roms or any other device or contrivance whether now know or to be invented in the future reproducing sound alone (with or without visual images) but excluding videocassettes, videotapes and/or videodiscs embodying the Film.

“Recordings” – shall mean the original sound recordings or combination of recordings recorded hereunder and embodying the Music or any part thereof (whether on recording tape lacquer wax disc or any other material).

“Master” – shall mean a 2(two) track stereo Dolby tape recording fully edited equalised and leadered and of a first class standard suitable for synchronisation with the Film and the reproduction of Records therefrom..

“Royalty Base Price” – shall mean the retail price upon which royalties payable to the Company are calculated by it’s licensees and assigns (net of packaging allowances and sales taxes).

“Copyright” – shall mean the entire copyright and design right subsisting under the laws of the United Kingdom and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

14. All notices writs legal process or any other documents served under or in respect of this Agreement shall be addressed to the party to be served at the address of that party hereinbefore appearing or at such other address for service as may be notified by each to the other in writing and shall be sent by registered letter or recorded delivery in which event such notice shall be deemed to have been received 3 (three) days after the posting thereof.

15. This Agreement shall be exclusively governed by English law and the High Court of Justice in England shall be the exclusive Court of Jurisdiction. Nothing herein contained shall constitute or create or be deemed to create or constitute a partnership between the parties hereto.

AS WITNESS the hand of the parties the day and year first before written

SIGNED by…………………………………..(…………………………..)

for and on behalf of……………………….(…………………………..)

in the presence of:…………………………(…………………………..)

SIGNED……………………………………….(…………………………..)

in the presence of …………………………(…………………………..)

Accompanying Notes

Clause 1.3: The Composer (or sometimes the Producer) has to arrange for the use of pre existing music that is incorporated in the soundtrack and arrange and pay for licences to use any such music.

Clause 3: A Composer cannot assign his/her right to receive payment from PRS and they remain the beneficiaries of any income paid to the PRS, which is a collection society for musicians. The Composer must specifically grant the right to allow the music to be played in sync with the film. This is a specific right. This agreement only allows the Producer to use the music for this purpose and does NOT allow the Producer to publish the music.

Clause 5: This gives the Producer the ability to take any legal action to prevent a third party using the music for their film if the Composer does not agree to do so.

Clause 6: A “further assurance” clause is used in contracts where a grant or licence of rights is made. This ensures the producer has all the necessary documents to perfect their right or interests in the licence or grant of rights.

Clause 7.12: A Composer will often get a royalty from any records made whether the Producer acts as the music publisher or whether they negotiate a deal with a third party. This royalty obligation must be made clear to any publisher as the Producer is primarily liable under this type of agreement to make any such payment to the Composer.

Clause 7.3: Mechanical royalties are paid to MCPS and are due when the records are sold.

Clause 8.1: The Composer gets a proportion of the royalty rate according to the proportion of his/her music incorporated on the recording i.e. if there were 6 tracks and only 3 were the Composer’s music he/she would get half the royalty.

Clause 8.3: If the Producer assigns the Composer’s agreement to a third party (i.e the distributor/financier) and under it’s deal it gets a lower Royalty Rate then the Composer agrees to accept that lower rate.

Clause 8.4: The Composer is given the chance to arrange the music for any record produced.

Cuando disponga de más tiempo intentaré postearlos traducidos. Un saludo.

Posted in Legalidad en el cine X | 8 Comments »

LEGALIDAD EN EL PORNO IV

Posted by satyrstudio en mayo 21, 2006

Trámites necesarios que debes cumplir para que tu película llegue al mercado.

Aparte de los documentos que hasta ahora habeis podido ver en el blog y que són necesarios para protegerse ante posibles demandas y poder distribuir, hay determinados pasos que debeis dar para poder trabajar en este mundillo.

Atención. Algunos trámites no són imprescindibles, de echo, dudo que muchas productoras los realicen, pero si creo que pueden ser interesantes, pues os pueden ser útiles y no són costosos. Luego cada cual es libre de hacer las cosas a su manera.

1º Asesoría legal previa.

Cuando os hayais decidido a poner en marcha el proyecto de manera profesional, uno de los primeros trámites que debeis realizar es asesoraros en vuestra zona con un abogado.
Como podeis entender en cada zona hay recursos diferentes, así que lo que es valido para un catalan no lo es siempre para un andaluz… así que lo mejor es pasar primero por una asesoria legal.
En España, casi todas las comunidades autonomas tienen organos oficiales a los que recurrir de manera gratuita para recabar dicha información. Por ejemplo, aquí en Cataluña a través de los Consells Comarcals podeis acceder a la asesoria de creacion de nuevas empresas, que no deja de ser un abogado que os responderá a lo que le pregunteis… así os asegurais de cumplir los trámites previos y no es tan costoso como solucionar problemas que hayan surgido a posteriori.

Si os estais preguntando que tipo de preguntas hay que hacerle al abogado es que no habeis tomado muy en serio aún el proyecto. Pensad que en una producción se mueve dinero, facturas, contratos de arrendamiento, contratos a personas fisicas, etc, etc… ¿de verdad no se os ocurren preguntas?

2º Valorad la idea de contratar un gestor.

Una vez hayais empezado a acumular facturas, contratos y demás puede que os deis cuenta que vale la pena pagarle a un gestor profesional los 200 Euros que os pedirá por llevaros el caos y ordenar el libro de registro y demás. Si os tomais en serio la legalidad (cosa que se hace poco por estos lares) alguien que sepa rellenar los libros oficiales y os facilte modelos de contrato adaptados para cada necesidad puede ser muy importante.

3º Pasaos por SGAE.

Si, ya sé que són antipáticos, pero estais a punto de darle la vuelta a la tortilla y pasar de ser commpradores a vendedores, así que inormarse en SGAE es necesario.
Cuando llegue el momento de duplicar vuestros DVD's os pedirán una hoja que emite la SGAE con la liquidación de la entidad, sin eso, es provable que no os hagan las copias… así que aunque luego decidais meteros en otra o no asociaros a nnguna, es interesante saber qué os van a pedir.
Además en caso de usar música de otros, si están asociados a alguna de estas gestoras debereis pagar lo correspondiente, aprovechad para pillar toda esta info en la SGAE.

4º Registro de empresas audiovisuales.

Buscad si en vuestra comunidad hay un registro de empresas del audiovisual, en cataluña lo hay, lo mantiene la generalitat y os será muy útil daros de alta, pues así os será más fácil obtener ciertos permisos. Por ejemplo para rodar en la vía pública etc… Si, ya sé que es orno, y que no podeis rodar en medio de la calle, pero imaginaos que quereis rodar un viaje en coche, vais a poner una cámara en la puerta para rodarlo en plan "americano" necesitais un seguro, y los prmisos correspondientes, teniendo un número de empresa audiovisual os tomarán más en serio que si decis que sois pepe perez y quereis rodar con una camara colgando de vuestro peugeot 306….

5º Facturas

Acordaos de recoger y realizar todas las facturas!!! es muy común en este mudillo trabajar en "negro" pero a vosotros es a los únicos a los que no os conviene hacerlo. Los actores deben hacer facturas por la prestación de sus servicios donde quede reflejado el tema de manera clara. Por ejemplo, hacer sólo un contrato y no hacer la retención os pone a vosotros en una posición cuando menos incomoda, y como tengais exito os podeis llevar un susto con el palo de hacienda… así que pensad en ello desde el principio. Lo más importante es el IRPF y el IVA, si eso lo llevais bien no tendreis nunca problemas con hacienda.

6º Expediente.

Recordad que la película una vez acabada debe obtener un número de expediente del ministerio de cultura para que la podais vender, allí además viene reflejado de cuando es la peli, y en este negocio la peli vieja no vale nada, así que no es una cuestión baladí. Os darán además la calsificación, en este caso X (para mayores de 18 solamente)
Como he dicho antes, depende de donde estes, el trámite se hace de una forma u otra, así que informaros en vuestra comundiad. También es posible que si estais adheridos a una asociacion podais hacer los tramites a traves de ellos, con los que os ahorrais el papeleo.

Bueno, esto son solo algunas cosas.

Intentaré recojer modelos de cada cosa que me sea posible y postearlos para que os hagais una idea de que es lo que vais a tener que rellenar en cada caso etc…

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