The Film Licensing Agreement is essential for any transaction involving the transfer of film exhibition or distribution rights in India. This document is typically used when a film rights holder wishes to grant specific rights to another party for distributing, exhibiting, or broadcasting their content. The agreement must comply with Indian entertainment laws, particularly the Copyright Act 1957 and the Cinematograph Act 1952, while addressing modern distribution channels and digital rights. It includes detailed provisions for payment terms, technical requirements, territorial restrictions, and quality control measures. The document is crucial for protecting intellectual property rights while enabling commercial exploitation of film content within the Indian market and, where applicable, international territories.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership/authority 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 type of usage permitted
5. Term and Territory: Duration of the license and geographical areas where rights are granted
6. License Fees and Payment Terms: Financial terms, payment schedule, and reporting requirements
7. Delivery Requirements: Specifications for delivery of film materials and technical requirements
8. Quality Control: Standards for reproduction and exhibition of the film
9. Marketing and Promotion: Rights and obligations regarding promotional activities
10. Intellectual Property Protection: Provisions for protecting copyright and other IP rights
11. Representations and Warranties: Standard warranties about ownership, rights to license, and non-infringement
12. Indemnification: Mutual indemnification provisions for breach of warranties or agreement terms
13. Termination: Grounds for termination and consequences
14. Confidentiality: Protection of confidential information exchanged during the agreement
15. General Provisions: Standard boilerplate clauses including notices, assignment, governing law
1. Digital Rights: Specific provisions for online streaming, VOD platforms, and digital distribution
2. Sublicensing Rights: Terms and conditions for sublicensing if permitted
3. Dubbing and Subtitling: Rights and requirements for language versions
4. Censorship Compliance: Specific provisions for markets with strict censorship requirements
5. Minimum Performance Requirements: Minimum exhibition or revenue requirements
6. Revenue Share Arrangements: Detailed revenue sharing structure for performance-based licensing
7. Force Majeure: Provisions for unforeseen circumstances affecting performance
8. Insurance Requirements: Specific insurance obligations for high-value licenses
1. Schedule A - Film Details: Detailed description of the film, including runtime, format, cast, crew, and synopsis
2. Schedule B - Technical Specifications: Detailed technical requirements for delivery materials
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, installments, and reporting requirements
4. Schedule D - Territory Restrictions: Detailed list of included/excluded territories and any specific territorial requirements
5. Schedule E - Marketing Guidelines: Specific requirements for marketing materials and approval processes
6. Schedule F - Delivery Materials: Complete list of materials to be delivered to the licensee
7. Appendix 1 - Approved Sublicensees: List of pre-approved sublicensees if applicable
8. Appendix 2 - Quality Control Standards: Detailed technical and quality standards for exhibition
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