This Deal Point Checklist is designed to highlight areas of importance when entering into a Distribution Agreement. Attorney Michael Norman Saleman offers these Deal Point Checklists as a courtesy to users of this website. Contact Mr. Saleman if you need help with any of your project’s legal documentation.
Download (Distribution-Agreement.docx
) and use this checklist when negotiating a Distribution Agreement to assist you in reaching an agreement on major deal points. Return this Word document with the details to facilitate the drafting of your agreements.
- Territory (North America only/Foreign only/worldwide)
- Length of Term of Distribution
- Rights Granted
- theatrical
- home video
- television
- pay
- cable
- network
- video on demand
- pay per view
- other digital rights (Netflix/Amazon, etc.)
- internet World Wide Web/Electronic Sell Through (iTunes/Amazon, etc.)
- languages
- Rights Either Granted to Distributor or Reserved to Producer
- editing
- advertising
- other promotional rights
- trailers
- literary
- live television
- merchandising
- music/soundtrack
- radio
- remake
- sequel/prequel
- Rights Reserved and Not Granted
- holdback and delay periods
- Distributor right of first negotiation/last refusal
- Distributor Minimum Commitments
- prints (or digital equivalent)
- number of screens
- promotion and advertising
- minimum distributor financial commitment
- subdistributors (deducted from distributor fee or in addition)
- distribution schedule
- Distributor Guarantees
- release
- release pattern
- allow input from production company
- Distributor’s Marketing Control
- total control?
- limits
- input from producer regarding distribution strategies
- cost ceilings and minimum commitment for p & a
- types of charges against proceeds
- shipping
- ads
- prints
- promos
- disallowed expenses
- overhead
- interest on overhead
- double billing
- obligation to exploit soundtrack
- timing of release
- merchandising
- outright sales?
- duration of release
- withdrawal of picture
- Collections
- how often
- best efforts to collect
- will Collection Account Manager (CAMA) be involved?
- audit rights
- Fees
- After costs vs. Off-the-top
- Percentage
- Definition of “gross” and “net”