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watch Partnership with writer?

C

confidenceman

Hi all,
My team formed an llc. a year ago and produced a documentary. I met someone who saw a screening of it and we have been in constant contact. He has a script and wants us to produce/direct it, but it seems as if he wants to run the whole show and start his own film company. He hasn't formed a company yet and that may be a project or two down the road. My question is how do I proceed forward in our business dealings?
If we produce/direct it then of course I want this film to be under our company so we can have a bit of control over the direction of it. But I think that for him a partnership may be more appealing. I need to know if he agrees to sign the film over to us what forms/agreements do we need to use, what do the terms need to be, and what percentage of income produced from the movie will be paid to who. If he wants to do a partnership what form do I need and I need to know what terms need to be in it. If he just wants to hire us to produce/direct it, I need to know what form/s to use and the terms. I just want to know how to approach him and the situation without appearing to be the novice that I am.
Thanks
Eric
 
He could create a company but sign over distribution to you (that is why at the start of movies there is often more than one company named, generally the biggest one like Paramount is a distributor).

If he is hiring your company as a "work for hire" and he's keeping the rights than a standard contract would do, one that says that he pays you $X amount of money for you to make Y film, and who gets the copyright of all work generated in the making of the film.

[I'm not a lawyer, perhaps you should talk to one]
 
You can use any partnership agreement. Look at a few on line and
rewrite it to meet your needs. You will be setting the terms so
know exactly what YOU want in this deal before presenting him with
a contract. Stating that you want “a bit of control” isn’t good
enough. Spell out exactly what control you will take and what
control he will keep.

Regarding your money question, if you pay 50/50 you will sign an
agreement stating that you will split the income 50/50. If you
split the cots 20/80 you will sign an agreement stating that you
will split the income 20/80.

In my experience, two people who are novices about contracts and
production really, really need a lawyer. The only thing that cause
tension in a production more than “a bit of control” is money. Who
pays for what can create real problems.
 
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