Motion picture distribution agreement

Picture of Motion Picture Merchandising Agreement

Motion Picture Merchandising Agreement

The distributor gets an exclusive license within the defined territory to manufacture, advertise, distribute and sell merchandise that incorporates names, characters, and events from the film
In return, the distributor will pay the film producer a guaranteed minimum compensation amount (a fixed amount paid as an advance against the percentage royalty), and a percentage royalty based on the current wholesale price of the licensed products.
The producer must approve all products, packaging, labels, advertising, display materials and copyright notices to be used in connection with the licensed products.
The distributor agrees to protect the producer's property rights and goodwill, and acknowledges that all goodwill and all rights to the materials created by the distributor are the exclusive property of the producer.
All licensed products must carry the producer's copyright and/or trademark notices (as applicable).
The distributor must carry standard product liability insurance and advertiser's liability insurance during the term of the Agreement.
Upon termination of the Agreement, the distributor will have a 90-day period to dispose of all products already manufactured, so long as the Agreement was not terminated for cause.

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Picture of Motion Picture Theatrical Distribution Agreement

The distributor gets exclusive and unrestricted rights to the theatrical, television and home video exhibition, distribution and exploitation of the picture, in all languages and versions, including music rights, dubbed or titled versions, and the right to edit the picture as the distributor deems necessary.
The distributor also gets ancillary rights, including literary and music publishing rights, merchandising, soundtrack recording rights, and the right to produce additional pictures, sequels or remakes of or based on the picture.
The producer reserves non-theatrical distribution of the picture for its own use.
The producer has paid or will pay and discharge all copyright claims and all other claims and rights with respect to the picture and all elements, including music, contained in the picture.
The distributor will have no contractual obligation under any contract or license made by the producer in connection with the picture.
The distributor will not be responsible for any payments to performing rights societies, unions and organizations, or for payment of any taxes or other amounts owing in connection with the distribution or exhibition of the picture.
The distributor will have complete, exclusive and unrestricted control over the distribution and exploitation of the picture (directly or through any sub-distributor or licensee).
The producer will be responsible for securing any necessary import permits or licenses.