FILM / TV / CONTENT / Audiovisual sector
An audiovisual production brings together a whole chain of stakeholders: producers, executive producers, screenwriters, directors, composers, actors, cinematographers and DOPs, rights holders of underlying works, formats or archive footage, broadcasters, distributors, streaming platforms, tax shelter financiers, etc.
By the time a film, documentary, television programme or other production is released, it must be clear who holds which rights and for what purposes they may be used.
Indie Law supports creators and audiovisual industry players throughout the entire rights chain.
Development & chain of title
From a legal perspective, a production begins long before the first day of filming. We advise on
Option agreements
Script and authors’ contracts
Rights in books and other underlying works
Format rights or concept rights
Development agreements
co-development
Chain of title
A watertight chain of title becomes all the more important when producers bring financiers, co-producers, distributors, broadcasters or streaming platforms on board.
Manufacturing contracts
We advise on contracts with screenwriters, directors, actors, presenters, composers, crew members, photographers, production partners, co-producers, service providers, broadcasters, platforms and (other financiers). This covers a wide range of aspects: transfer of rights, exclusivity, credits, remuneration and revenue sharing, rights of use, merchandising, options, forms of exploitation, budgets, contributions in kind, sponsorship, product placement, holdbacks or windows, delivery and payment schedules, use of archive material and rushes, end credits, insurance, concept rights, audiovisual and non-audiovisual derivatives, initiative rights, rights to the title and the website, media communications and promotional obligations, approval of key figures such as the director or lead actors in the cast, warranties and indemnities, prequels and sequels, remakes, dubbing, use of AI, etc.
Rights clearance
Do you use a painting in the background, a news clip, a song playing in the foreground or background of a particular scene, a visible logo or a photograph on a computer screen in your film or an episode of a series? Audiovisual content is full of material that may be subject to third-party rights.
We assist production companies with copyright clearance, music clearance, image rights, archive footage, trademarks and other third-party rights, with the aim of preventing problems by obtaining all necessary permissions. These permissions become all the more important when entering into agreements with international distributors, in which comprehensive guarantees and warranties are included. A claim from a party whose permission was not sought can prove costly. Not only can they demand the takedown of the content, but also substantial damages. In such a case, the distributor will also turn against the producer on the basis of the indemnity obligations set out in the distribution deal. Such nightmare scenarios can be avoided through a thorough mapping of all rights and timely clearance.
Distribution, platforms & operations
The same production can be exploited through cinema screenings, television broadcasts (linear or on-demand), distribution via VOD, SVOD, AVOD and FAST channels, in-flight entertainment on aircraft, and participation in festivals. We assist with licensing and distribution agreements covering territory, term, release windows, exclusivity, holdbacks, rights granted, sub-licensing, revenue shares and reporting.
Please set out your case to us.
A production with no rights-related risks? Get us involved right from the start of the process.
Useful links
- VAF, Flemish Audiovisual Fund support for development, scriptwriting and production
- Screen Flanders financial support for productions in Flanders
- screen.brussels Brussels-Capital Region Audiovisual Fund
- FPS Finance, Tax Shelter for audiovisual production information on the Tax Shelter scheme
- Flemish Media Regulator regulatory body for the Flemish audiovisual media
- The Authors collecting society for authors of audiovisual works
- Sofam collecting society for visual artists
- Auvibel private copying levy
- Flanders Image international promotion of Flemish productions