How to structure a contract for spec shoot.

H

hotchkiss

Well-known member
Posted for a friend... really.

Let’s start with this and if you have ideas, go for it.

Recently I received a request to film an adventure show out of the USA in a remote region of the world for 3 months. The expedition leader/funding person wishes to film the event with 4K.
• They will provide my air transportation to and from and provide my meals for the duration. I will provide a 4K camera, audio gear, tripods, hard drives, etc to do the filming.
•Since I am going on this as a commercial venture with my company to make money, I want to make sure I am protected as to my ownership and copyright of the footage which I create. My money will be on the backend with the shooting and editing coming from the sale of the finished show to the networks. It’s a good expedition with lots of drama, intrigue, suspense, highs and probably lows, and an interesting topic so not concerned there as to whether it’s picked up. My concern relates to being able to protect ownership of the footage while winding through the process that is inherent in a long timeline story, where no compensation was made up front.

Does anyone know of a contract that can be had to cover me on this type of production and protect my ownership of the footage I create?
 
Normally I think it is possible to concoct decent contracts from templates with added specifics.
But this right here is ABSOLUTELY a case for a custom, lawyer written contract that is VERY specific to this situation and makes sure that you are COMPLETELY covered.

This is an opportunity for great success for you - or for you to get royally screwed in a way that will make you hate life for years.
(Can you tell I've been through this?)

This contract has to be an iron-clad bear in order to protect you.
It needs to spell out EVERY SINGLE LAST DETAIL of what you provide, what you don't provide, exactly who owns what, and exactly how much you get paid in every conceivable instance or scenario.

I wish I had a good lawyer to refer you to for this, but I have been out of that realm for a few years now.

Please be super aggressive with your defense game here.
 
I second the lawyer suggestion. Get a good lawyer with experience in media and copyright. The most valuable thing you can buy is good advice.
 
Make sure the producer knows your plans. There has to be a very clear chain of title for all of the assets for the show to get picked up by a distributor. If you own the footage that could be a huge liability.
 
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