Film producers, obtain the right to use a clip from an existing film from the owner of the footage with this Film Clip License.
- Non-Exclusive License. The licensor (owner of the film clip) grants the producer a non-exclusive license to use the clip in connection with the production of the motion picture, but not for promotional purposes.
- Consents. The producer will still have to obtain the consent of any performers who appear in the film clip, as well as consents from the applicable unions and guilds.
- Broadcast Licenses. The producer must obtain any necessary broadcast licenses if there is any music contained in the film clip.
- Screen Credit. The licensor will be accorded a screen credit in the motion picture, and provided with a complementary copy of the motion picture.
- No Obligation to Use. The producer is not obligated to use the film clip.
This Film Clip License template is provided in MS Word format, and is fully editable to fit your needs.
FILM CLIP LICENSE THIS AGREEMENT made effective as of the _____ day of ______________, 20____. BETWEEN: [NAME OF LICENSOR] whose address for service is ______________________________________ [insert address] (hereinafter “Licensor”) - and - [NAME OF PRODUCTION COMPANY] whose address for service is ______________________________________ [insert address] (hereinafter “Producer”) WHEREAS Producer wishes to use the film clip described in Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Film Clip”) in a motion picture now entitled “_________________________” (the “Motion Picture”); AND WHEREAS Licensor has agreed to grant Producer the right to use the Film Clip in connection with the Motion Picture; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereby agree as follows: 1. Grant of License Subject to the provisions set forth in this Agreement and the performance of all of Licensor’s obligations to be performed hereunder, Licensor hereby grants to Producer, its successors, licensees, sub-licensees and assignees a non-exclusive license (hereinafter “the License”) to use the Film Clip in the Motion Picture for the term, purpose, payment, and territory specified in Exhibit “A”. In connection therewith, Licensor agrees to make the Film Clip available to Producer at no expense to Licensor for use by Producer subject to the terms and conditions hereinafter set forth. 2. License Fee In return for the license granted to Producer to use the Film Clip, Producer agrees to pay Licensor a license fee (“License Fee”) in the sum of _________________________ DOLLARS ($_____________), payable ___________________________________ [give details of when and how the fee will be paid]. 3. Licensor’s Representations and Warranties Licensor warrants, represents, and agrees with Producer that: (a) Licensor owns or controls all rights necessary to make the grant of rights made hereunder; -2- (b) Licensor has the right and power to enter into and perform this Agreement and to grant the License granted hereunder; (c) nothing in the Film Clip is obscene, libelous, blasphemous or defamatory; (d) the Film Clip does not infringe upon any performer’s right, any performer’s property right, any moral right, any right of copyright, right of privacy, right of publicity or any other right whatsoever of any third party; (e) apart from payment of the License Fee, no sums shall be payable by Producer to any person or entity in respect of the exploitation of the Film Clip in connection with the Motion Picture, and Producer will not be required to obtain the consent of any person or entity by reason of its license and use of the Film Clip; (f) all sums payable in respect of the rental or lending by means of the Motion Picture of any copyright, work or performance contained or included in the Film Clip have been paid in full or shall be paid in full solely by Licensor. 4. Limited License Producer will not make, or permit the making of, any reproduction of or from the Film Clip whatsoever, in whole or in part, except in connection with the purposes herein specified. Producer shall not have the right to use the Film Clip, or the right to license others to use the Film Clip, for the purpose of advertising or promoting the Motion Picture. 5. Return of Materials To the extent that Licensor has provided Producer with physical materials of any sort, Producer shall return such materials to Licensor within _____ (____) days of the domestic theatrical release of the Motion Picture or the commercial exploitation of the Motion Picture in any media or market. Concurrently therewith, Producer shall certify to Licensor, in writing, how many copies of such physical materials, if any, were made by Producer, and return all such copies to Licensor or destroy the same and furnish to Licensor a signed affidavit of destruction. 6. Complementary Copy of the Motion Picture Producer hereby agrees to provide Licensor with a print of the Motion Picture so that Licensor can verify the use of the Film Clip therein. 7. Consents, Releases and Licenses 7.1 Producer shall obtain all required written authorizations, consents, and releases, in form and substance satisfactory to Licensor, necessary for the use of the Film Clip hereunder, including, without limitation, consents from all performers who appear in the Film Clip and/or the results and proceeds of whose services are utilized in the Film Clip, as well as consents from unions and guilds including, (if applicable) without limitation, the American Federation of Television and Radio Artists, the Screen Actor’s Guild, the Writers Guild of America, and the Directors Guild of America, to the extent required under applicable collective bargaining agreements. If and to the extent required, Producer shall also obtain music synchronization agreements or licenses from the owners of the music and consents from those performing music in the Film Clip (including musicians), if any. 7.2 It is also expressly understood and agreed that Producer shall not broadcast or cause to be broadcast any music contained in the Film Clip unless each local station, system, or entity -3- broadcasting the same shall have appropriate licenses therefor from the ASCAP, BMI, SESAC or such other performing societies having the right to license the performance and broadcast of such music, or the publisher of such music. 7.3 Producer hereby agrees to deliver to Licensor copies of all authorizations, consents, releases, and licenses required to be obtained in accordance with this Section. 8. Reservation of Rights Notwithstanding the limited license granted hereby, Licensor reserves all of Licensor’s other rights in the Film Clip and the motion picture from which it came. Licensor shall at all times, anywhere in the world and whether or not in conflict or competition with Producer, have the right to use or to authorize others to use the Film Clip in any way Licensor may choose. 9. Credit Producer agrees that there shall be included in any use of the Film Clip a credit as specifie
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