One of the biggest barriers to international markets for film, literature, television, or any other form of entertainment is distribution. The channels and infrastructure required to distribute media in the secondary, web or foreign market is rarely in the hands of the rights-holder.
Finding the right local partner for distribution is an ordeal in and of itself. But once you find such a partner, coming to a mutually beneficial arrangement – determining between fixed fee and profit sharing, deciding on period and means of distribution, and the like – can be tricky. Going through the process alone can be a recipe for disaster.
Signing a distribution contract is a multi-tiered process that involves several spheres of expertise and law. Getting from initial offer to an executed and binding distribution agreement involves the following stages:
Negotiation: Getting from an offer to a binding distribution contract can prove tricky. While most offers are framed as “take it or leave it”, in truth you often have many more options than the other party would have you believe. If you aren’t satisfied with the terms of an offer, or just need to work out the fine-print, we can help negotiate the terms for you. This involves drawing up a list of enforceable terms, and rigorously negotiating with opposing counsel to get you the best deal you can get.
Drafting: Once you have an agreement with a distributor, the deal still must be solemnized into a binding distribution contract. Otherwise, while you may think the deal settled, it will be difficult to hold the other party to the agreed upon terms. However, getting from an agreement or offer to a binding contract can be tricky. Kashyap, Kashyap & Associates can help – by drafting a contract that expresses the totality of your agreement, in a form narrowly tailored to protect your interests and within the bounds of the law of the land.
Execution: Once a distribution contract is negotiated and drafted, it still must be executed to become binding. While execution is usually a simple process, making deals across borders can make this process a cumbersome ordeal. Kashyap, Kashyap & Associates works to facilitate the execution of contracts across borders, to ensure that the requisite formalities for all appropriate jurisdictions are met to solemnize your agreement and make it enforceable.
Review: Kashyap, Kashyap & Associates can also help examine distribution contracts you’ve signed with a thorough review process. We will suss out the pertinent details of your contract – translating “legalese” into clear and concise terms for you. We can also put these terms into the broader legal context – explaining just what rights are supplemented or waived away by the agreement, and how much of the contract can be enforced on either party.
Our offices can help with the process of drafting and entering the right distribution contract for you – whether in the form of contract drafting, negotiation, or review. We also provide comprehensive consultation services – both for specific offers and overall talent advice.
At the Law Offices of Akash Kashyap, Esq., we use only the best media lawyers available, trained and licensed in the US and India. We provide these legal services both through our Indian offices in New Delhi and Gurgaon, as well as online.