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# About Article 65438 of Model Film Contract +0#
Name of Party A (script copyright owner):
Address:
Name of Party B (manufacturer):
Address:
Name of the work:
Party A and Party B have reached the following agreement:
Article 1 Party A authorizes Party B to shoot the above works and distribute (broadcast) them in this area.
Article 2 Party B shall bear the expenses for shooting the above works, and be responsible for arranging the shooting and promotion of the films.
Article 3 Party A guarantees that it has the right to shoot the above-mentioned works and that the above-mentioned works do not contain any content that infringes the copyright and other rights and interests of others.
Article 4 Party B requires the above works to meet the following shooting requirements:
Article 5 Party A is responsible for the adaptation and shooting of the above works.
Article 6 Where Party A undertakes the adaptation, it shall deliver the adaptation draft to Party B before (Party B undertakes the adaptation, and Party A delivers the working draft to Party B before). If Party A fails to deliver the goods on time for some reason, both parties shall agree on another date. If negotiation fails, Party B may terminate the contract.
Article 7 After receiving the adaptation draft (working draft), Party B shall notify Party A in writing whether to adopt it or not within days. Failure to notify within the time limit shall be deemed as consent to adoption.
Article 8 During the validity period of this contract, neither party shall grant the rights stipulated in Article 1 of this contract to a third party without authorization. In case of violation, the injured party has the right to demand economic compensation from the other party and terminate the contract.
Article 9 Party B may modify the above works without changing the main clues, main characters and main plots of the above works due to the need of shooting. An author may not ask for the protection of the integrity of a film made according to the adaptation he has agreed to. The determination of the title and the way of signature should be approved by the author.
Article 10 Party B has the right to compile and publish abstracts and posters according to the script to promote the films based on the above works.
Article 11 The methods and standards for Party B to pay royalties to Party A are as follows:
(1) One-time payment: RMB;
or
(2) Royalty: each book;
or
(3) Basic remuneration plus royalty for reproduction and distribution: RMB/per thousand words × thousand words+royalty per share.
Article 12 Within days after the signing of this contract, Party B shall pay% of the above royalties to Party A, and the rest shall be paid after the filming is completed.
Article 13 If Party A undertakes the adaptation, Party B shall pay Party A RMB adaptation fee.
Article 14 Party B shall start shooting the above works within months. If it is impossible to start on time for some reason, the two parties will agree on another date. If negotiation fails, Party A has the right to terminate the contract.
Article 15 If the above works cannot be produced due to Party A's reasons, Party B has the right to request Party A to return the prepaid expenses.
Article 16 If the above work cannot be completed due to Party B's reasons, Party B shall make economic compensation to Party A, and the amount shall be% of the expenses specified in Article 12 of this contract.
Article 17 Party A has the right to request Party B to provide movie stills based on the above works at a fee.
Article 18 Within months after the filming is completed, Party B shall return the sample film to Party A and compensate Party A for any damage or loss.
Article 19 After the expiration of this contract, Party B may continue to distribute films based on the above works.
Article 20 This contract shall come into effect as of, and the validity period shall be years. If one party requests an extension, it shall notify the other party three months before the expiration of the contract, and both parties shall renew the contract after consultation.
Article 21 This contract is made in duplicate, with each party holding one copy.
Party A:
Party B:
(representative)
(representative)
(signature)
(signature)
Date, year and month
Date, year and month
# About Film Contract Mode 2#
Party A:
Party B:
Party C:
Whereas Party C has obtained the filing license (Drama No.200 [20 _]) and the film production license (Film Production No.200) for the feature film Pavilion of ZW issued by Anhui Radio, Film and Television Bureau, Party A and Party B are willing to cooperate with Party C to invest in the film Pavilion of ZW at the request of Party C. The three parties have reached the following agreement through equal consultation:
0 1. The film Pavilion of ZW was produced by Party A, Party B and Party C * *, and the copyright is enjoyed by the three parties * * *. Party C is specifically responsible for the film production and distribution license, and Party A and Party B give necessary assistance and supervision to Party C..
02. Party A and Party B may designate affiliated enterprises to perform their obligations under this contract and accept the relevant property price obtained from the contractual rights.
03. According to Party C's budget, the film "Pavilion of ZW" needs 3 million yuan from the project establishment to the release license, and the three parties shall respectively contribute 1 10,000 yuan. If the budget funds are insufficient, Party A and Party B may assist Party C in financing or additional investment.
04. The three parties agree that Anhui _ _ Mountain Tourism Development Co., Ltd. will set up a special branch (film and television service center) and special account for the financial management of the production and distribution of the film ZW Pavilion. The person in charge of the branch is Li×, the agent of Party C, and the financial accounting is appointed by Party A, and the office is located at the place designated by Party B …
05. After the branch specified in the above clause is established and an account is opened, the three parties shall immediately remit the first batch of investment funds to the account, and the remaining investment funds shall be remitted to the account within three days after the opening ceremony, and the remaining investment funds of Party C may be remitted to the account within 30 days after the opening ceremony. The investment funds are reasonably controlled by Party C Li X according to the production and distribution of ZW Pavilion, and both parties can supervise it. Party C shall solicit the opinions of Party A and Party B in advance for the items that are not needed for the production and distribution of ZW Pavilion.
06. All three parties can seek investment from sponsors through movie-related project advertisements. Investment is only the advertising expenses or free sponsorship related to the film, and has nothing to do with the film copyright. 30% of the investment contributed by the sponsors belongs to the investor, and the rest belongs to the three parties. If the promoters invest in kind and use it for film production and distribution related projects, they will give cash rewards to investors at 30% of the physical cost price.
07. During filming, Party A and Party B shall give attention and assistance, and designate a contact person to keep good communication with Party C. ..
All three parties know the significance of making the film ZW Pavilion to promote XX, and Party C should pay attention to the embodiment of XX elements in the film to ensure the quality of the film.
09. Party C shall carefully handle the labor contract relationship with the founder and other cast members, the equipment rental and film production contract relationship with the film production unit, and bear the losses caused by Party C's breach of contract or illegal behavior.
Party A:
Party B:
Party C:
Agent:
Agent:
Agent:
Signing time of the contract: 20 _ _ _ _ _
Place of signing the contract: the residence of XX City Management Committee.
(drafted by lawyer Mao)
# About Film Contract Mode 3#
Party A: (Entrusting Party)
Party B: (manufacturer)
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party B accepts the entrustment of Party A, and both parties enter into this contract through consultation and abide by it jointly.
I. Contents and requirements of the contract:
Party A entrusts Party B to shoot, make and burn two high-definition video discs for Party A..
Second, the project shooting time and workflow:
1. The shooting time of the whole project: from MM DD YY to MM DD YY. (From the date of receiving the advance payment)
2. The first stage of the project shooting workflow) Working time: Work content: Party B is responsible for submitting the shooting draft; Stage II) Working time: Work content: Party B is responsible for the shooting and production process; Stage III) Working time: Work content: Party B is responsible for submitting the whole shooting process.
Third, the project shooting fee:
1. The total cost of filming this project is RMB.
2. After signing this contract, Party A shall pay Party B 60% of the total design fee, namely RMB Yuan only, and the remaining 40% of the project production fee, namely RMB Yuan only, which shall be paid by Party A to Party B within three working days after Party B completes the production according to the production requirements and passes the acceptance.
Four. Rights and obligations of both parties:
Rights of Party A:
1. Party A has the right to put forward suggestions and ideas for Party B's shooting, so that the works shot by Party B can better meet Party A's requirements;
2. Party A shall provide Party B with relevant materials needed for production, and guarantee the authenticity and legality of the materials;
3. The video script can only be filmed after being reviewed and signed by Party A, and Party B shall shoot it in strict accordance with the signed script; After the script is signed and confirmed, if it needs to be changed, the expenses arising from the change shall be borne by Party A. ..
4. During the film review, Party A has the right to ask Party B to edit and modify the film in the later stage without deviating from the script.
Obligations of Party A:
1. Party A has the obligation to pay relevant expenses according to this contract;
2. Party A shall provide venues, actors, props and other assistance required for arranging video shooting;
3. Party A has the obligation to provide Party B with relevant materials or other relevant materials. ..
Rights of Party B:
1. Party B must shoot and produce the film in strict accordance with the script requirements of Party A, and all technical indicators of the film must meet the broadcasting requirements. In case of quality problems, Party B shall bear all responsibilities and take corresponding remedial measures;
2. If the film cannot be completed on schedule or the quality of the film is affected due to Party A's reasons, Party B has the right to refuse or demand compensation from Party A;
3. During the production of Party B, Party A shall not change the script at will. If Party B's workload increases or the film delivery time is delayed, Party B has the right to ask Party A to pay another fee;
4. Party B shall not disclose the relevant information provided by Party A and keep the business information of Party A absolutely confidential;
5. Party B has the right to require Party A to pay the corresponding amount according to this contract;
6. Party B enjoys the copyright of the shot works and has the right to ask Party A not to use the shot works until the payment is paid.
Obligations of Party B:
1. Party B shall shoot and produce works according to the requirements of Party A;
2. Party B shall deliver the filming and production works on time according to the contract.
Verb (abbreviation for verb) intellectual property agreement:
1. Party B enjoys the copyright of the finished works. Party B can automatically transfer the copyright of the work to Party A after Party A has settled all the expenses of the commissioned filming;
2. Before Party A pays off all the entrusted shooting fees, the copyright of the works shot by Party B belongs to Party B, and Party A has no rights to the works;
3. If Party A uses or modifies the works shot by Party B without authorization before paying the balance, Party B has the right to pursue its legal responsibility according to the Copyright Law of People's Republic of China (PRC);
4. Party A has the ownership, use right and modification right of the work after all the expenses of the commissioned filming and production are settled.
Liability for breach of contract of intransitive verbs:
1. Party A terminates the contract before the completion of the first draft of the filming work, and has no right to demand the refund of the prepaid expenses; If Party A terminates the contract after the completion of the first draft of Party B's works, it shall pay all the shooting and production expenses;
2. If Party B terminates the contract prematurely without justifiable reasons, all the fees collected shall be returned to Party A;
3. After Party B completes the video image, Party A shall pay the balance as agreed in the contract, and pay a penalty of 10% of the total contract price for each day overdue. After signing the contract, if either party breaches the contract, it shall pay the other party a penalty of 100% of the total contract amount.
Seven. Controversy:
Any dispute arising from the performance of this contract between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, either party may submit it for arbitration.
Eight. Entry into force of the contract:
The annex to this contract is an integral part of this contract. This contract is made in duplicate, with each party holding one copy, which shall come into effect as of the date of signature and seal by both parties and have the same legal effect.
Party A (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
# About Film Contract Mode 4#
Party A:
Party B:
Party C:
Whereas Party C has obtained the filing license and film production license for the feature film Pavilion (Jufa [20] No.200) issued by Anhui Radio, Film and Television Bureau, Party A and Party B are now willing to invest and cooperate with Party C to film Pavilion at Party C's request. The three parties have reached the following agreement through equal consultation:
0 1. The film "Pavilion" was produced by Party A, Party B and Party C * *, and the copyright is enjoyed by the three parties * * *. Party C is specifically responsible for the film production and distribution license, and Party A and Party B give necessary assistance and supervision to Party C..
02. Party A and Party B may designate affiliated enterprises to perform their obligations under this contract and accept the relevant property price obtained from the contractual rights.
03. According to Party C's budget, the film Pavilion needs 3 million yuan from the project establishment to the distribution license, and the three parties should contribute 6.5438+0.00 million yuan respectively. If the budget funds are insufficient, Party A and Party B may assist Party C in financing or additional investment.
04. The three parties agree that Anhui Mountain Tourism Development Co., Ltd. will set up a special branch (film and television service center) and a special account for the financial management of the production and distribution of the film studio. The person in charge of the branch is Li, the agent of Party C, and the financial accounting is appointed by Party A, and the office is located at the place designated by Party B …
05. After the branch specified in the above clause is established and an account is opened, the three parties shall immediately remit the first batch of investment funds to the account, and the remaining investment funds shall be remitted to the account within three days after the opening ceremony, and the remaining investment funds of Party C may be remitted to the account within 30 days after the opening ceremony. The investment funds shall be reasonably controlled by Party C Li according to the production and distribution needs of the exhibition hall, and Party A and Party B may supervise it. Party C shall solicit the opinions of Party A and Party B in advance for the items that are not needed for the production and distribution of the exhibition hall.
06. All three parties can seek investment from sponsors through movie-related project advertisements. Investment is only the advertising expenses or free sponsorship related to the film, and has nothing to do with the film copyright. 30% of the investment contributed by the sponsors belongs to the investor, and the rest belongs to the three parties. Sponsors who invest in kind and use it for film production and distribution related projects will be given cash rewards at 30% of the cost price of the kind.
07. During filming, Party A and Party B shall give attention and assistance, and designate a contact person to keep good communication with Party C. ..
All three parties know the significance of making the film "Pavilion" for publicity. Party C should pay attention to the embodiment of elements in the film to ensure the quality of the film.
09. Party C shall carefully handle the labor contract relationship with the founder and other cast members, the equipment rental and film production contract relationship with the film production unit, and bear the losses caused by Party C's breach of contract or illegal behavior.
10. Party C shall ensure that the production of the film studio is completed within 20 years and the film release license is obtained, otherwise both parties have the right to terminate this contract.
1 1. The cinema should indicate that Party A, Party B and Party C are the copyright owners.
12. Party A and Party B agree that Party C shall exercise the property rights of copyright (distribution, projection, network communication, etc.). ) and allow others to use it for compensation (but the relevant contract must be reviewed by both parties, and the right to use it shall not be exclusive). 20% of the proceeds will be paid to Party C as a reward for film production and distribution, and the rest will be enjoyed by the three parties. Party A and Party B may license copyright for publicity or related activities with or without compensation, and the proceeds from paid license shall be shared among the three parties.
13. After all three parties have recovered their investment and paid the interest for the corresponding period, the three parties can agree through consultation that the right to use the copyright license shall be enjoyed by either party for compensation, and the other party shall only use it for non-profit purposes and shall not use it for others. After the right to use the copyright license is paid to any party, the special branch (film and television service center) and special account established by _ _ _ _ Mountain Tourism Development Co., Ltd. can be cancelled or the person in charge and financial personnel can be replaced.
14. All the above agreements shall be faithfully performed by the three parties. If either party breaches the contract, it shall compensate the other party for the liquidated damages of 200,000 yuan.
15. Any dispute arising from the performance of this contract shall be settled by the three parties through consultation. If negotiation fails, all parties have the right to submit the dispute to the Arbitration Commission for arbitration.
16. This contract is made in triplicate, one for each party, and shall come into effect after being sealed (or signed) by the three parties or their authorized legal entity.
Party A:
Party B:
Party C:
Agent:
Agent:
Agent:
Contract signing time:
Contract signing place:
# About Article 5 of the Model Film Contract #
Name of cooperative enterprise
-
Scope of cooperative business
After consultation, the partners unanimously agreed to cooperate in this project.
2. 1 Shooting and editing of micro-movies, advertisements, special propaganda films, column dramas, movies and TV series, wedding video clips, etc.
2.2 Any other project decided by both parties through consultation from time to time.
Hereinafter referred to as "cooperative project".
Third, the way of cooperation.
3. 1 legal relationship
-The partner will not register the company for the cooperation project for the time being. Before the company is registered, the relationship between the partners is partnership, and the partners are jointly and severally liable for the legal liabilities arising from the cooperation project.
3.2 Total investment of the joint venture company: RMB 1 10,000 yuan.
Party A contributed RMB million, Party B contributed RMB million and Party C contributed RMB million, and * * * raised RMB million as the start-up capital of the cooperation project.
(1) Partner name:
Partner's domicile:
Mode of contribution:% of the company's shares.
ID number:
(2) Name of partner:
Partner's domicile:
ID number:
Mode of contribution:% of the company's shares.
(3) Name of partner:
Partner's domicile:
ID number:
Mode of contribution:% of the company's shares.
3.3 Voting mechanism
Any agreement, decision and dispute settlement related to the cooperation project shall take effect after written and oral voting. Each of the three parties has one vote, and the proposal will take effect when more than half of the votes are taken. Any partner has veto power.
3.4 Division of responsibilities
3.4. 1 Party A
_ _ Responsible for assigning work deployment
_ _ Pre-shooting and Auxiliary Post-production
_ _ Customer communication and business negotiation
_ _ Daily normal operation of the company
_ _ Detailed statistics of incoming and outgoing accounts
3.4.2 Party B
_ _ Creative Scheme of Advertising Theme Script
_ _ Microfilm Director, Screenwriter and Chief Planner
_ _ Foreign business negotiation
_ _ Auxiliary Video Shooting and Post-production
_ _ Financial management of accounts
3.4.3 Party C
_ _ copywriting
_ _ Auxiliary shooting work
_ _ Post-production work and technical guidance and management
_ _ Foreign business negotiation
Fourth, financial management.
4. 1 The financial personnel are responsible for the collection of cash expenditure, and Ren Yong assures other partners of the property safety of the cooperation project, so that the income and expenditure are correct and the procedures are complete.
4.2 The daily account of each cash receipt and expenditure is clear, and an electronic receipt or a manual receipt is issued.
4.3 Issue cash inventory and the amount of cash provided to partners at any time.
4.4 Make a unified reconciliation with the accountant at the end of each month, count cash accounts (including bank deposits), and check cash account books and accounting cash accounts.
Distribution of interests of partners
5. 1 Partners have the right to know the operation and financial status of the partnership;
5.2 Partners shall share dividends and losses in proportion to their shares;
5.3 After the termination of the partnership, share the remaining property of the partnership according to law;
5.4 Partners shall not engage in activities that harm the interests of the partnership;
5.5 A partnership enterprise shall establish financial and accounting systems in accordance with the provisions of laws and administrative regulations, and fulfill its tax obligations according to law.
5.7 During the cooperative operation, after% of the business commission and% of the project responsibility are extracted, the service fee will be distributed according to the business type, type of work and workload, and the rest will be the company's profit, which will be divided according to the proportion of shares. Specific details of labor costs:
5.7. 1 copy yuan/minute
5. 7. 2/ The day from the camera shooting.
5.7.3 Post-effect:/sheet/minute (flat cutting)
6. Equity transfer and withdrawal
6. 1 If a new partner joins the partnership, it shall be approved by all the partners and a written admission agreement shall be concluded according to law;
6.2 If a partner withdraws from the partnership during the cooperation period, with the consent of all partners, the partner may withdraw from the partnership without affecting the implementation of the partnership affairs, but the other partners shall be notified 180 days in advance;
6.3 If a partner withdraws from the partnership without authorization, it shall compensate for the losses caused to other partners;
6.4 With the consent of other partners, give priority to accepting the share of property transferred by other partners, and have the right to purchase new funds of the partnership;
6.5 During the existence of a partnership, when a partner transfers all or part of his share of property in the partnership to a person other than the partner, it must obtain the consent of all other partners. If a person other than a partner receives the share of property in the partnership enterprise according to law, he will become a partner of the partnership enterprise after the partnership agreement is amended, and enjoy the rights and bear the responsibilities according to the amended partnership agreement;
6.6 Where this clause is not specified in detail, it shall be implemented in accordance with Chapter VI of the Partnership Enterprise Law.
Seven? Dissolution and liquidation of partnership enterprises.
7. 1 The operating period of the partnership is years, counting from the date of signing the cooperation agreement.
7.2 A partnership may be dissolved under the following circumstances:
(1) The partners are unwilling to continue the operation upon the expiration of the operation period stipulated in the partnership agreement;
(2) All partners decide to dissolve;
(3) Partners no longer have a quorum;
(4) The partnership purpose stipulated in the partnership agreement has been achieved or cannot be achieved;
(5) Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
Liability for breach of contract.
8. 1 If a partner violates the partnership agreement, he shall be liable for breach of contract according to law.
8.2 Any disputes arising from the performance of the Partnership Agreement by the partners can be settled through negotiation or mediation. If the partners are unwilling to settle through consultation or mediation, if mediation fails, they may bring a lawsuit to the people's court.
Other matters.
9. 1 With the unanimous consent of all partners, the Partnership Agreement may be amended or supplemented.
9.2 This Agreement is made in duplicate, one for each partner and one for the partnership enterprise registration authority.
9.3 This agreement is reached by all partners through consultation, and shall come into force as of the date of signing the cooperation agreement after being signed by the partners.
9.4 Matters not covered in this Agreement shall be implemented in accordance with relevant state regulations.
Signature of partner:
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