The Producer's Talent and Services Guidelines and Issues Checklist

Outlined below is a comprehensive check sheet and planning guide for any producer attempting to acquire talent, support service, plan or launch a production spanning varied media.

1. What services are to be performed?

- Is the contract for acting, writing, directing, or some other creative service?
- Is it for producing, finance-raising, or some other business service?
- Is it for a mixture of services?
- Is the service being provided as an employee or as an independent contractor (see next section 2)?
- Are the services exclusive to the producer or the production?

2. How are the services to be performed?

- Are they subject to the producer's direction and control?
- Are they at locations designated by producer?
- Does the service provider retain any approvals or controls over the project as a whole, over his/her work process, or over the product?
- Are there special facilities, accommodations, transport, or other amenities being provided?

3. What are the dates for the services?

- Are there dates for the delivery of certain items?
- Are the dates tied to the production process?
- Are they set to particular calendar dates?
- Can they be extended or altered?
- Will a talent provider be available for post-production services, such as dubbing or looping?
- What is the effect of force majeure or the disability of the service provider?
- What are the arrangements for rehearsals, wardrobe, travel, post-production publicity and other additional services?

4. What rights are being granted?

- Rights in newly-created product, like a script, direction, acting, etc.?
- Rights to use name, likeness and biography in exploitation of the project, including advertising?
- Rights to change, alter and edit?
- Is the work product a work for hire?
- Is the grant exclusive?
- Is the grant irrevocable?

5. Are there any reserved rights?

6. What markets and media are covered?

- All television, multimedia, film and related rights?
- Are there any restrictions?
- Is merchandising and print publishing included?

7. What territories are covered?

- The whole universe?
- Any specific territories included or excluded?

8. Is the deal contingent or pay-or-play?

- What are the contingencies or option aspects?
- How long is the option?
- Can it be extended?
- Will force majeure extend the option?
- Are there successive dependent options?
- How is the option exercised?
- Is it a firm, pay-or-play deal?
- Are there any preconditions?
- Is the pay-or-play commitment for the full amount?
- Is there any obligation to use the services?

9. What is the compensation for the services?

- Is there an option payment or holding fee?
- Is there an opiion extension payment?
- What is the basic fee?
- Is it set to any union or guild rate?
- When is it paid?
- What is the fee for any overtime or work beyond the basic dates? (the producer should set this in advance.)
- Are there additional payments, such as residuals or other agreed-upon amounts due for additional uses or subsequent productions?
- Are there any expenses to reimburse?
- Is there a profit or other back-end participation?
- What is the definition of such a participation?
- Is there most-favored-nation protection on the definition?

10. What representations and warranties should be given?

- Is any creative either original and subject to copyright or in the public domain?
- Does the service provider have the right to enter into the contract?
- Does the work product of the service provider contaln any libelous or slanderous material?
- Does the work product violate any rights of privacy or publicity?
- Does either the work product or its intended use violate any other rights of any third Parties?

11. Is either party giving an indemnity?

- Does the indemnity cover alleged breaches or only actual breaches?
- Does the indemnity cover attorney's fees and costs?
- Who controls the defense and settlement of any claim?

12. Are the agreement and the rights granted assignable?

- If so, does the original producer remain liable?

13. Does the service provider get a credit?

- Is it in the lead or tail credits?
- Is it on a single card or is it shared?
- Is it a verbal credit?
- Is there any credit obligation in advertising and promotion?
- Are the consequences of a failure to give credit limited in the customary way?
- Are there any union or guild requirements?

14. Are there limitations on the service provider's remedies?

- Are injunctions Prohibited?
- Is recision Prohibited?

15. Is there any union or guild involved?

- If so, what impact does it have?
- Have its minimums been met?
- Does the produce retain the maximum benefits available to it?