Film Licensing Agreement for Switzerland

Film Licensing Agreement Template for Switzerland

This is a comprehensive legal agreement governed by Swiss law that establishes the terms and conditions under which film rights are licensed from one party to another. The agreement encompasses detailed provisions for the exploitation of film content, including distribution rights, territorial restrictions, payment terms, and technical delivery requirements. It incorporates Swiss federal copyright law and international treaty obligations, while addressing modern digital distribution methods and traditional broadcasting rights. The document includes specific provisions for intellectual property protection, quality control measures, and compliance with Swiss media regulations.

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What is a Film Licensing Agreement?

The Film Licensing Agreement is essential for any transaction involving the commercial exploitation of film content in or from Switzerland. This document is typically used when a rights holder wishes to grant specific exploitation rights to a distributor, broadcaster, or platform. The agreement must comply with Swiss federal law, particularly the Copyright Act (URG) and Code of Obligations (OR), while also considering international copyright conventions. It covers crucial aspects such as scope of rights, territory, duration, payment terms, delivery requirements, and quality control measures. The document is particularly important given Switzerland's position as a hub for international media transactions and its unique legal framework combining civil law traditions with modern digital rights management.

What sections should be included in a Film Licensing Agreement?

1. Parties: Identification of the Licensor and Licensee, including full legal names and addresses

2. Background: Context of the agreement, including confirmation of ownership/right to license the film

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of Rights: Specific rights being licensed, including territory, term, and any restrictions

5. Term and Territory: Duration of the license and geographical scope of the rights granted

6. Payment Terms: License fees, royalties, payment schedule, and reporting requirements

7. Delivery: Requirements for delivery of film materials and technical specifications

8. Quality Control: Standards for reproduction and distribution of the film

9. Marketing and Promotion: Requirements and restrictions regarding marketing of the film

10. Intellectual Property Protection: Provisions for protecting the IP rights in the licensed material

11. Warranties and Indemnities: Standard warranties about ownership and right to license, and related indemnities

12. Termination: Grounds for termination and consequences of termination

13. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Film Licensing Agreement?

1. Exclusivity Provisions: Used when granting exclusive rights, defining scope of exclusivity and any carve-outs

2. Minimum Performance Requirements: Used when including minimum guarantee or performance obligations

3. Sub-Licensing Rights: Include when licensee is permitted to sub-license the rights

4. Merchandising Rights: Used when merchandising rights are included in the license

5. Music Rights: Required when music rights are included or need specific handling

6. Digital Rights: Specific provisions for digital/streaming platforms if included

7. Credit Requirements: Detailed requirements for film credits if specific requirements exist

8. Alternative Dispute Resolution: Include for specific dispute resolution procedures beyond court jurisdiction

What schedules should be included in a Film Licensing Agreement?

1. Schedule 1 - Film Description: Detailed description of the licensed film including length, format, and key credits

2. Schedule 2 - Technical Specifications: Detailed technical requirements for delivery materials

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment terms, minimum guarantees, and royalty calculations

4. Schedule 4 - Territory Restrictions: Specific details of territorial restrictions or requirements

5. Schedule 5 - Marketing Guidelines: Specific requirements for marketing and promotion

6. Schedule 6 - Delivery Materials: List of all materials to be delivered with the film

7. Appendix A - Chain of Title: Documentation proving ownership and right to license

8. Appendix B - Credit Requirements: Detailed requirements for film credits and acknowledgments

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Relevant Industries

Media & Entertainment

Film & Television

Digital Media

Broadcasting

Streaming Services

Content Distribution

Entertainment Technology

Cultural & Creative Industries

Intellectual Property

Digital Entertainment

Relevant Teams

Legal

Business Affairs

Content Acquisition

Distribution

Rights Management

International Sales

Finance

Technical Operations

Content Strategy

Digital Operations

Relevant Roles

Content Acquisition Manager

Rights Manager

Legal Counsel

Media Distribution Director

Business Affairs Executive

Licensing Manager

Contract Administrator

Film Distribution Executive

Content Strategy Director

International Sales Manager

Digital Rights Manager

Media Rights Negotiator

Intellectual Property Counsel

Film Commissioner

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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