Distribution.

Ok, i have made a handful of films, done some research into the market and i am actually beginning to make money from my download sales. Therefore i would like to offer distribution services out to other filmmakers and have drafted up my terms/conditions.

1.The filmmaker allows National Film Distribution (NFD) to promote and sell your film using any legal method possible.

2. The filmmaker retains all distribution rights and may promote their film aswell.

3. NFD work on a commission basis with film sales split 50/50.

4. Payments are issued monthly via cheque or paypal with statements by email at the filmmakers discretion.

5. Films are accepted on the basis of commercial potential.

6. Films that do not become a commodity can be withdrawn at anytime.

7. The filmmaker can withdraw their film from NFD at anytime

8. All submissions must be 10 mins or less on dvd or mini dv and provide still images for general promotion.

9. Filmmaker or third parties will not hold NFD accountable for any alleged copyright infringement. NFD considers all copyright clearances have been obtained and are held by the filmmaker who can provide the release forms if requested.

Would you consider the terms/conditions reasonable? And is there anything i have missed out?

1.The filmmaker allows National Film Distribution (NFD) to promote and sell you film using any method possible.
Any method possible? spray painting your website on a police car and it making the news might be a way to promote something, but may not be MY idea of a good method of promoting my film. I don't think saying "any method possible" is good. Also, it should say your film instead of "you film"

2. The filmmaker retains all distribution rights and can promote their own film aswell.
I'd change it to:
2. The filmmaker retains all distribution rights and may promote their film aswell.



9. Filmmaker or third parties will not hold National Film Distribution accountable for alleged copyright infringement. National Film Distribution considers all copyright clearances have been obtained and are held by the filmmaker who can provide release forms if requested.

This is very important and has to be worded properly and legally. I'm not a lawyer but I would word it a little different.

Thank you Cootdog.

Yes i actually meant to say "your" instead of "you," i just missed the r off the end.

Ok graffetti on cars and walls was never an intention. Especially when i realise people in the past have written my phone number on toilet walls with a dirty message, which is definately not on!

So i shall amend the terms when i get a few minutes free tonight.

9. Filmmaker or third parties will not hold National Film Distribution accountable for alleged copyright infringement. National Film Distribution considers all copyright clearances have been obtained and are held by the filmmaker who can provide release forms if requested.

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Why can't you demand the disclosure of these release forms at the time the customer signs the contract? Also, putting in a stipulation that not including these forms at the time of signature could result in termination of contract and/or forfeiture of all future profits.

Scare 'em. That's the only way you're going to cover your own back.

in #6 how are you defining commodity? is it a threshhold or a zero return value?
in #9, I would require release forms just to CYA.

Well if i upload a short film and six months later its not been downloaded at all, then the film is not a commodity. Although i doubt i would withdraw any film from a site unless its by the filmmakers request.

And yes, i think i should better request a copy of the actors release form and copyright music authorisation
just in case of any legality dispute.

However could never withold any revenue from the filmmaker because i feel there are too many distributers doing that already!

You know there are several very talented filmmakers here in Hull who make short films, but then after showing at www.slackvideo.org (a short film club with monthly screenings) the film goes in their draw and is forgotten about, as they start making another film. That to me is such a waste, because a film is there for an audience and the marketing of a film is essential if its going to be a success. Previously i have worked in sales and know what its like to sell to the trade, so if i don't sell your film the filmmaker makes nothing and neither do i. But some how, i very much doubt that will happen...

Ok i have been getting some dvd submissions coming in, but how do you make a dvd copy from a dvd submission?