Contracts
Contracts
The importance of a good contract
Many people think that a written contract is merely a formality and can be reduced to a “standard form”. Whilst the latter may be true in some cases (these are ‘entry-level contracts’ where there is no room for negotiation), this is by no means the case for a contract governing a long-term partnership.
Experience
Our experience
Since the start of his career, Emmanuel has drafted, handled or negotiated over 10,000 contracts. Below is a list of the types of agreements we deal with most frequently:
Music
Artist agreement, licence agreement, distribution agreement, 360-degree agreement, producer agreement, video agreement, remix agreement, sample or synchronisation licence, publishing contract, recording or capture contract, broadcasting contract, management agreement, booking agreement, session musician agreement and agreement for the creation of photographs or artwork.
Audiovisual
(Co-)authorship agreements for writers, adapters, screenwriters, directors, graphic designers and composers; dubbing agreements for the use of existing music; development agreements (synopsis/bible); production and co-production agreements, format licences, contracts for actors and extras, as well as various licences for the use of locations, props and brands in the production.
Art and performance
Exhibition agreement, performance agreement, consignment agreement, tender, exclusivity agreement between an artist and a gallery, sale agreement and loan agreement.
IP licences
Transfer of copyright, trade mark licences and co-existence agreements; software development and licensing; format licences; design production agreements.
Negotiations
Many agreements contain the same elements that form the core of any negotiation: the scope and (whether or not) exclusivity of the transfer of copyright or related rights, royalty rates, advance payments, obligations regarding release or delivery, the duration and territory of exploitation, and provisions concerning the termination of the agreement.
Thanks to our sector expertise, we have an understanding of the specific sensitivities, the scope for negotiation and the risks involved. Furthermore, a contract must be clear: how can it be properly complied with if it is unclear? It must also incorporate the necessary safeguards. No contract can repair a breach of trust, but it can provide protective measures and exit strategies in case things go wrong.