Goes Wrong

If something goes wrong, you can always sue, right? Perhaps not. It is quite common for contracts to contain clauses limiting a person's right sue in court, requiring him or her to arbitrate instead. Several kinds of clauses govern how the parties must solve their disagreements. For example:

• Can the parties sue, or must they arbitrate disputes? (See Appendix C:Arbitration, p. 298.)

• Do the parties have time to cure problems before they are in breach of contract? (See Appendix C: Default-and-Cure, p. 299.)

• What happens if something goes wrong and it's nobody's fault (e.g., an earthquake, flood, or fire). (See Appendix C: Force Majeure, p. 300.)

• Where must a lawsuit or arbitration be initiated? (See Appendix C: Choice of Law, p. 299.)

THE BOTTOM LINE: The value of the film property lies in its copyright. Written, well-drafted, and signed contracts are the only way to safeguard the film's copyright.


Now might be a good time to acquaint yourself with the basics of contract law. You may want to read through the contract law section in the Law Library portion of this book. (See Appendix B: A Filmmaker's Guide to Contract Law, p. 283.)

A catalogue of common contract clauses and their definitions can be found in Appendix C: The Clause Companion, p. 291.

This page intentionally left blank

Was this article helpful?

0 0
Film Making

Film Making

If you have ever wanted the secrets to making your own film, here it is: Indy Film Insider Tips And Basics To Film Making. Have you ever wanted to make your own film? Is there a story you want to tell? You might even think that this is impossible. Studios make films, not the little guy. This is probably what you tell yourself. Do you watch films with more than a casual eye? You probably want to know how they were able to get perfect lighting in your favorite scene, or how to write a professional screenplay.

Get My Free Ebook

Post a comment