Film law

Making a film is a challenge both creatively and legally. From the first version of the screenplay to the launch on a streaming platform: at every moment, rights, contracts and financial arrangements play a role. A film brings many legal layers with it by its very nature. Who holds which rights in the screenplay? What do you agree with a co-producer? And how is the financing structure put together legally?

At Liaise Advocaten we have been working as film law lawyers on these questions for more than 35 years - for filmmakers, producers, distributors and financiers. Roland Wigman advises and publishes on film copyright and international co-productions and teaches film law at the Film Academy. Merel Teunissen combines media law with film law and also teaches at the Film Academy. Together they guide productions through the entire legal lifecycle - from the first contract negotiations to international distribution and every step in between.

Do you have a specific legal question about your production? Then get in touch directly or call 020 675 88 21.

What does film law cover?

Film law is not a clearly demarcated area of law. It is more of a sum of parts: copyright, contract law, finance law, employment law and privacy constantly meet one another in a film production. On set, in the negotiations, with the financier - each time a different legal framework, but always interconnected.

In concrete terms, film law is about:

• the rights in the screenplay, the music, the images and the contributions of all the makers involved.
• the contracts with the director, actors, crew and co-producers.
• the financing structure: from the Netherlands Film Fund to a VOD platform such as Netflix.
• the division of rights in (international) co-productions.
• the insurance policies that distributors and broadcasters often make mandatory.
• the distribution agreements through which the film finds its way to cinemas, television and streaming.

Article 45d of the Dutch Copyright Act plays a central role here. This article governs who holds the copyright in a film: in principle the maker transfers their rights to the producer, but with the exception of certain moral rights. In practice we see that this article regularly gives rise to questions - and sometimes to conflicts as well.

Film contracts: which agreements do you need?

In a film production, dozens of contractual relationships run in parallel. In our practice we regularly see producers start too late in recording arrangements in writing - which later causes delays or conflicts.

The most essential contracts in film law are:

• Screenplay agreement - with the screenwriter, including the assignment of copyright and arrangements about credits. Are you a screenwriter yourself and would you like to have a contract assessed before you sign? We do that regularly too.
• Director’s agreement - with the director, in which the assignment of rights in accordance with Article 45d of the Copyright Act must be worded precisely.
• Composer’s agreement - with the composer of the film music, including arrangements about the assignment of copyright in the composition, synchronisation rights and the relationship with Buma/Stemra.
• Cast and crew agreements - with actors and other crew, with clear arrangements about remuneration, credits and rights in the performance.
• Co-production agreement - for collaboration between two or more producers, national or international. This records the division of rights, tasks, costs and revenues. Roland Wigman has been guiding international co-productions for more than three decades and Merel Teunissen for over 12 years (since 2014) - from structuring the collaboration to the final division of rights. Read more about the co-production agreement for film.
• Financing agreement - with funds, broadcasters or other investors. Each financier sets conditions for the financing. Read more about the financing agreement for film.
• Distribution agreement - with the distributor/sales agent who brings the film to cinemas, broadcasters or streaming platforms. Which rights do you grant for which territory and which period? Read more about the distribution agreement.

Having these contracts drawn up or checked in good time prevents surprises later in the process.

Film financing: how does it work legally?

Film financiers set requirements. The Netherlands Film Fund, a broadcaster, a VOD platform or a foreign co-producer - each has its own conditions, and each often wants rights in exchange for their investment. The more financiers, the more complex the division of rights and the recoupment schedule tend to be.

The financing agreement records the contribution, the repayment structure (in the recoupment schedule) and the rights of the financier. A financier contributing a substantial share will often want a say in distribution or want certain exploitation rights.

With international co-productions, the European Convention on Cinematographic Co-production plays a role. This convention makes it possible to be recognised as an official co-production - which gives access to national funds in several countries. Which law applies and how the rights are divided are questions that must be worked out specifically for every international collaboration. Roland Wigman and Merel Teunissen publish and teach on precisely these questions at the Film Academy.

Completion bond and E&O insurance

Two insurances are virtually always mandatory in the film industry.

1. The completion bond is a guarantee that the film will actually be completed, even if the production runs into financial or logistical difficulties. The completion guarantor steps in where necessary. Financiers and broadcasters often make this a hard condition. Read more about the completion bond and what you need to arrange when taking one out.
   
2. E&O insurance (Errors & Omissions) protects the producer and distributor against third-party claims for infringement of rights - think of copyright, image rights or defamation. Distributors and broadcasters almost always require E&O insurance before they include a film or series in their schedule. An important part of the E&O application is the assessment of the screenplay and/or the series itself: what legal risks are present in the script, are recognisable people or locations used, and what changes are needed to be able to take out the insurance without reservation? We regularly assess screenplays and series at the request of producers and insurers. Read more about the E&O insurance.

A solid chain of title is, moreover, a precondition for being able to take out the E&O insurance at all. They are communicating vessels.

Use of brands in film and series

Another legal topic that requires attention: which brands, logos and product names may appear on screen? In virtually every series or film, recognisable brands are visible - on clothing, in a shopping street, on a laptop or phone. Sometimes that is unavoidable, sometimes it is a deliberate choice. Either way, be aware that it is not permitted without permission in every case.

Trade mark proprietors can, in certain cases, object to the use of their trade mark in a context that harms or misleads them. We advise producers on which brands on screen require permission and when and in what way this is not required.

AI and deepfakes in film

The rise of AI has broadened the legal questions surrounding film productions. Can an AI-generated script be protected by copyright? May you imitate the voice or face of an actor with AI? And what if deepfake material of real people appears in a film or series? What can you agree about this contractually?

These are questions without simple answers, but questions that are already relevant - including in productions we guide. We closely follow developments at the interface of AI and film, AI and copyright and deepfakes.

What can a film law lawyer do for you?

We guide producers, directors, screenwriters, financiers and distributors through all the legal questions involved in a film production. That ranges from the clearing of rights before the first day of shooting to the contract negotiations with the sales agent.

We draw up all the film contracts that go with a production: the co-production agreement, screenplay agreement, cast and crew agreements, composer’s agreement and financing agreement. In addition, we assess existing contracts - including where, as a screenwriter or director, you are presented with an agreement that you want checked.

In practice we also help with:

• setting up and checking the chain of title.
• assessing screenplays and series for the purposes of the E&O insurance.
• legal advice on the use of brands in a film or series.
• guidance with international and national co-productions and fund applications.
• advice on completion bonds and E&O insurance.
• resolving conflicts during or after production.

We do not work with standard contracts. Every production is different, and the legal approach must fit accordingly.

Our film law practice

Roland Wigman has been working exclusively in film law for more than 35 years. Merel Teunissen has been combining media law with film law for more than 12 years (since 2014), with particular expertise at the interface of privacy, image rights and film.

Merel and Roland both also teach at the Film Academy, publish on film copyright and international co-productions, and guide producers through the most complex international collaborations.

Film law calls for lawyers who know the sector - not just the law. Together they represent a practice that can provide legal guidance throughout the entire lifecycle of a film production - from the first idea phase to international distribution.

Do you have a question about an ongoing production, a contract you want assessed, or are you looking for a lawyer for structural legal guidance? Then get in contact - we are happy to think along with you.