Checklist of matters to be considered in drafting a contract for the employment of an actor in the motion picture industry:
- 1. Names of parties.
- 2. Addresses of parties.
- 3. Statement of hiring.
- 4. Duties of actor.
- 5. Exclusive nature of actor's services.
- 6. Performances other than in motion pictures required of actor (for example, radio or television appearances).
- 7. Producer's right to loan actor's services.
- 8. Place or places of performance.
- 9. Duration of contract.
- 10. Suspension of contract or employment.
- A. During actor's incapacity.
- B. During interruption of employer's business.
- C. While actor in default.
- 11. Termination of contract.
- A. Grounds (for example, actor's incapacity or inability to perform, or suspension of production).
- B. Procedure.
- 12. Compensation of actor
- A. Amount.
- B. Additional compensation for extra services, and the like.
- C. Times payable.
- D. Right to suspend or terminate compensation.
- E. Right to extend term of contract.
- F. Reimbursement of expenses for, or furnishing of, transportation for actor.
- G. Board and lodging while on location.
- 13. Ownership of proceeds of actor's work.
- 14. Right to use actor's name, likeness, recordings, photographs, and the like, for
advertising purposes.
- 15. Credits to be given to actor
- 16. Providing costumes and wardrobe for actor.
- 17. Right to dub actor's voice and to use double or substitute actor.
- 18. Conduct of actor.
- 19. Liability of actor for damage caused by unauthorized absences.
- 20. Life, health, or other insurance for actor.
- 21. Effect of interruption of production or of closing of theaters from which producer derives revenue
- 22. Guarantee of employment.
- 23. Assignment of contract or of rights under contract.
- 24. Layoffs.
- 25. Breach, including:
- A. Effect of breach;
- B. Rights and remedies of parties; and
- C. Effect of waiver of breach.
- 26. Incorporation of union agreement, rules, or regulations into contract.
- 27. Manner of giving notice.
- 28. Indication of jurisdiction whose law governs contract
- 29. Effect of illegality of provisions in contract.
- 30. Signatures of parties.
Title: South Dakota Agreement Motion Picture Actor to Perform as Directed by Producer: Detailed Description and Types Introduction: The South Dakota Agreement Motion Picture Actor to Perform as Directed by Producer is a legally binding contract between a producer and an actor in the state of South Dakota. It outlines the terms and conditions for the actor's performance in a motion picture as directed by the producer. This article provides a detailed description of this agreement and its various types. Detailed Description: 1. Purpose: The South Dakota Agreement Motion Picture Actor to Perform as Directed by Producer is designed to establish a professional relationship between the producer and the actor, ensuring clear communication and understanding of the responsibilities, rights, and expectations involved in the motion picture project. 2. Essential Elements: a. Identification of Parties: The agreement includes the legal names and addresses of both the producer and the actor. b. Production Details: It specifies the title, genre, description, and intended release format (theatrical, online streaming, etc.) of the motion picture. c. Term and Compensation: The duration of the actor's services is defined, along with the agreed compensation, payment schedule, and any additional benefits. d. Work Obligations: This section outlines the nature of the actor's duties, including performance schedules, script requirements, rehearsals, promotional events, and any other related commitments necessary for the successful completion of the motion picture. e. Intellectual Property Rights: The contract addresses the ownership and assignment of intellectual property rights, including rights to the actor's performance, image, and likeness, as well as limitations on usage. f. Termination and Non-Disclosure: Terms outlining the conditions for early contract termination, confidentiality requirements, and any penalties associated with breach of the agreement are included. Types of South Dakota Agreement Motion Picture Actor to Perform as Directed by Producer: 1. Basic Agreement: This type encompasses the core elements mentioned above and serves as a standard template for most motion picture projects. 2. Exclusive Agreement: In some cases, the producer may require exclusivity from the actor, restricting them from participating in other projects during the specified period of the agreement. 3. Equity Agreement: This type relates to situations where the actor may receive a percentage of the motion picture's profits or earn equity shares in the production company. 4. International Agreement: If the motion picture project involves international production or distribution, additional clauses addressing legalities and potential cultural differences may be included in this variation of the agreement. Conclusion: The South Dakota Agreement Motion Picture Actor to Perform as Directed by Producer is a comprehensive contract that protects both the producer's and actor's interests while facilitating a harmonious working relationship. Understanding the various types of this agreement enables actors and producers to collaborate effectively and plan for successful motion picture productions.
