Film and Video Production Contracts in New York.
Flat-Fee Review and Drafting.
A production runs on paper: crew deal memos, talent agreements, location agreements, and the operating agreement of the production company itself. I review and draft those agreements for New York producers and production companies for a flat fee, quoted within one business day of seeing the document.
Request a Flat-Fee QuoteProduction Agreements I Review and Draft
- Crew and freelancer agreements. Deal memos and services agreements for directors of photography, editors, composers, and the rest of the crew.
- Talent agreements and releases. The terms of the engagement and the rights the production needs to use the performance.
- Location agreements. Access, dates, fees, insurance, and what happens when the shoot runs over.
- Producer and co-production agreements. Who contributes what, who controls the project, and how money comes back to each side.
- Production company operating agreements and buyouts. LLC operating agreements, member buyouts, promissory notes, and releases when a partner leaves the company.
Who Owns the Footage: Work Made for Hire Has to Be in Writing
Copyright in a work belongs first to its author. 17 U.S.C. § 201(a). A freelance editor, cinematographer, or composer hired for a production is usually not an employee, so that person’s contribution is a work made for hire only if it was specially ordered or commissioned for use as part of a motion picture or other audiovisual work and the parties expressly agree, in a written instrument signed by them, that it is a work made for hire. 17 U.S.C. § 101.
When the contribution qualifies, the production company is treated as the author and owns all of the rights, unless the parties agree otherwise in a signed writing. 17 U.S.C. § 201(b). When it does not qualify, a producer can end up with a finished film built in part on work it does not own. A crew agreement should carry the work-made-for-hire language and a written assignment of rights as a backup.
Crew Contracts and the Freelance Isn’t Free Act
Hiring a one-person crew member, or a company made up of one person, for services worth $800 or more requires a written contract under New York’s Freelance Isn’t Free Act, counting all contracts with that person over the preceding 120 days. N.Y. Gen. Bus. Law §§ 1410(3), 1412(1).
The contract must give the name and mailing address of both parties, itemize the services and their value, state the rate and method of pay, and set the date payment is due. The hiring party must keep it for at least six years. N.Y. Gen. Bus. Law § 1412(2), (3). If the contract sets no payment date, payment is due no later than 30 days after the work is complete. N.Y. Gen. Bus. Law § 1411(1)(b).
When a Partner Leaves the Production Company
Many productions run through an LLC formed for one project or a slate of them. New York requires the members of an LLC to adopt a written operating agreement. N.Y. Ltd. Liab. Co. Law § 417(a). A buyout of a departing member usually needs a redemption or purchase agreement, a promissory note if the price is paid over time, a release, and an assignment of that member’s rights in the projects.
If the note can be accelerated on a default, each default should come with notice and time to cure. If the members are already fighting, see my page on LLC member disputes in New York.
How It Works
Send the agreement with a short note on what you need: a review of a draft someone sent you, a new agreement drafted for your production, or a negotiation with the other side. You will have a flat-fee quote within one business day. Once you accept the quote, a review comes back within three business days as a marked-up draft with a plain-English explanation of each change. You deal with me directly from the first read to the final signature. More on the process is on my flat-fee contract review page.
Send Me the Agreement.
Tell me what you need and attach the agreement below, or email it to fabramson@abramsonlegal.com. You will have a flat-fee quote within one business day. Once you accept the quote, a review comes back within three business days.
Phone: 212-233-0666 | Email: fabramson@abramsonlegal.com
Related pages: Flat-Fee Contract Review · LLC Member Disputes · Partnership and LLC Disputes
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is general and is not legal advice. Consult an attorney about the specific facts of your matter. Law Office of Frederic R. Abramson, 160 Broadway, Suite 500, New York, NY 10038. 212-233-0666.
Frequently Asked Questions
Does a freelance editor own the footage they cut?
They can, unless the work was specially commissioned for use as part of a motion picture or other audiovisual work and both sides signed a written agreement that it is a work made for hire. 17 U.S.C. § 101. Without that, copyright in the contribution starts with its author. 17 U.S.C. § 201(a).
Do I need a written contract with crew in New York?
For a one-person crew member or a one-person company paid $800 or more, counting all contracts with that person over the preceding 120 days, yes. New York’s Freelance Isn’t Free Act requires a written contract that itemizes the services, states the rate and method of pay, and sets the payment date. N.Y. Gen. Bus. Law §§ 1410(3), 1412.
How much does it cost to have a production contract reviewed?
It is a flat fee. Once I see the agreement and know what you need, I quote the fee within one business day. Nothing is billed until you accept the quote.
How long does a review take?
You receive the flat-fee quote within one business day of sending the agreement. Once you accept the quote, a review comes back within three business days. A new agreement drafted from scratch, or a negotiation with the other side, runs on the schedule stated in the quote.