Film Licensing Agreement for Indonesia

Film Licensing Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for licensing film content between rights holders and distributors. This document addresses key aspects including distribution rights, territory restrictions, payment terms, and compliance with Indonesian film regulations, particularly Law No. 33 of 2009 on Film and Law No. 28 of 2014 on Copyright. It includes specific provisions for censorship compliance, local content requirements, and technical delivery specifications while ensuring alignment with Indonesian broadcasting and digital content regulations.

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What is a Film Licensing Agreement?

The Film Licensing Agreement serves as a crucial legal instrument in Indonesia's film and media industry, facilitating the authorized distribution and exploitation of film content. This document is essential when a rights holder wishes to grant specific distribution rights to another party within Indonesia or for Indonesian territory. The agreement must comply with Indonesia's strict regulatory framework, including the Film Law (Law No. 33 of 2009), Copyright Law, and related regulations governing film distribution, censorship, and content standards. The Film Licensing Agreement typically covers various distribution channels including theatrical, broadcast, digital platforms, and other media, with specific attention to Indonesian market requirements and local content regulations. It includes detailed provisions for technical delivery, content protection, payment structures, and territory restrictions, while ensuring compliance with Indonesian business practices and legal requirements.

What sections should be included in a Film Licensing Agreement?

1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses

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

3. Definitions: Key terms used throughout the agreement, including specific Indonesian legal and industry terms

4. Grant of Rights: Specific rights being licensed, including territory, duration, and type of use permitted

5. Term and Territory: Duration of the license and geographical areas where the rights can be exercised

6. Financial Terms: License fees, payment schedule, revenue sharing arrangements, and calculation methods

7. Delivery Requirements: Technical specifications and delivery format of the film materials

8. Usage Rights and Restrictions: Specific permissions and limitations on how the film can be used

9. Censorship and Classification: Compliance with Indonesian film classification requirements and censorship regulations

10. Warranties and Representations: Guarantees regarding ownership, right to license, and compliance with laws

11. Intellectual Property Protection: Obligations to protect and maintain IP rights, including copyright notices

12. Reporting and Auditing: Requirements for financial reporting and rights holder's audit privileges

13. Termination: Circumstances under which the agreement can be terminated and consequences

14. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms

15. General Provisions: Standard clauses including notices, assignment, and entire agreement

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

1. Digital Rights: Specific provisions for online distribution, streaming, and digital platforms

2. Dubbing and Subtitling: Rights and requirements for language versioning

3. Marketing and Promotion: Rights and obligations regarding promotional materials and marketing activities

4. Third-Party Platform Distribution: Specific terms for distribution through third-party platforms or channels

5. Merchandising Rights: Terms for merchandising and ancillary product development

6. Music Rights: Specific provisions regarding music licensing if not included in the main rights package

7. Force Majeure: Provisions for unforeseen circumstances affecting performance

8. Anti-Corruption Compliance: Specific provisions for compliance with anti-corruption laws

9. Security and DRM Requirements: Technical requirements for content protection and digital rights management

What schedules should be included in a Film Licensing Agreement?

1. Schedule A - Film Details: Detailed description of the film, including runtime, format, and technical specifications

2. Schedule B - Technical Delivery Requirements: Detailed technical specifications for delivery materials

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, installments, and due dates

4. Schedule D - Territory Restrictions: Detailed list of included/excluded territories and any specific territorial requirements

5. Schedule E - Marketing Materials: List of approved marketing materials and usage guidelines

6. Appendix 1 - Censorship Requirements: Specific Indonesian censorship requirements and classification guidelines

7. Appendix 2 - Required Notices: Copyright and other required notices in Indonesian and English

8. Appendix 3 - Approved Distribution Platforms: List of approved distribution platforms and specific requirements for each

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

Indonesia

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Media & Entertainment

Broadcasting

Digital Media

Film & Television

Technology

Digital Distribution

Content Creation

Entertainment Technology

Telecommunications

Advertising & Marketing

Relevant Teams

Legal

Content Acquisition

Business Development

Distribution

Rights Management

Compliance

Finance

Technical Operations

International Sales

Content Strategy

Digital Operations

Business Affairs

Relevant Roles

Legal Counsel

Content Acquisition Manager

Distribution Rights Manager

Business Development Director

Content Licensing Executive

Media Rights Manager

Film Distribution Coordinator

Compliance Officer

Digital Rights Manager

Contract Administrator

Entertainment Lawyer

Content Strategy Director

Film Programming Manager

International Sales Manager

Rights and Clearance Specialist

Industries
Law No. 33 of 2009 on Film (Film Law): The primary legislation governing film-related activities in Indonesia, including production, distribution, exhibition, and licensing of films. It sets out the basic framework for film business activities and requirements for film distribution.
Law No. 28 of 2014 on Copyright: Governs copyright protection in Indonesia, including protection of cinematographic works, transfer and licensing of copyright, and enforcement of copyright owners' rights.
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): Provides the general framework for contract law in Indonesia, including contract formation, validity requirements, and enforcement of contractual obligations.
Government Regulation No. 18 of 2014 on Film Industry: Implementing regulation of the Film Law, providing detailed requirements for film business activities, including licensing and distribution requirements.
Law No. 32 of 2002 on Broadcasting: Relevant when the licensing agreement includes broadcasting rights, governing the broadcasting of film content through television or other broadcasting media.
Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law): Applicable if the licensing agreement includes digital distribution or streaming rights, governing electronic transactions and digital content distribution.
Government Regulation No. 5 of 2021 on Risk-Based Business Licensing: Contains updated provisions on business licensing requirements, including those related to film distribution and exhibition activities.
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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