Need advice regarding film rights

First become a member in the Producer's guild and it gives you an idea of the professional standards and their library and friendly interactions with members gives good scope for learning the tricks of the trade, and they may even introduce you to a number of distributors, financiers and offer suggestions in the film alreadyproduced.  In an open forum dedicated to litigation, you can not get full-fledged dos and don'ts in every profession.

From your question, I understand that there is an agreement between you and the people to whom you gave the sattelite rights through such agreement. And, the agreement doent specifically prohibit them from release of the movie before the same is released in theatres. If the above is correct, you do not have case to proceed against them.

Any suggestion depends upon the terms of the contract with the vedio/satellite company. In the absence of any contractual constraint and the company having fulfilled their part of the contract, they cannot be expected to wait indefinitely -such an expectation/demand is unreasonable.

Any suggestion depends upon the terms of the contract with the vedio/satellite company. In the absence of any contractual constraint and the company having fulfilled their part of the contract, they cannot be expected to wait indefinitely -such an expectation/demand is unreasonable.

Since there is no restriction for this act of the person releasing your movie through internet, in my opinion, there may not be any legal infirmity in it. 

If at all you have any grievances and you would feel that he is violating the terms and conditions, you may issue a legal notice to this effect and await his reply, if his reply is satisfactory and well within the law that has been framed by both of you through the said agreement, then you may just ignore it.

The theatrical release restrictions have never been even whispered in the contract between you both.

 

It is advisable to contact, consult and engage a local prudent lawyer for appreciation of facts/documents, professional advise and proceeding

The query is this: briefly speaking can  a video/satellitte company release my movie before theatrical release  irrespective of the time period.. meaning if for some reason i was not able to release it  theatrically for say 5 years

The presumption, practice, and inbuilt agreement states that after certain period of theatrical release the Satelite agreed terms step in.

Unfortunately, these small film producers can not get buyers and also theaters as they are limited and if the production value is not good. 

Originally posted by : rakesh
	hi ,,1) i am producer of a marathi movie .. briefly speaking can  a video/satellitte company release my movie before theatrical release  irrespective of the time period.. meaning if for some reason i was not able to release it  theatrically for say 5 years .. can they go ahead n release .. without informing me .. also if the agreement doesnot prohibit them from doing so .. arent they legally bound to wait for theatrical release even if it is not speciafically mentioned in the agreement .. the agreement is not even registered.. thanks

 

1. Since the Agreement is not "registered", neither you or the opposite party is legally bound to honor the same in anyway whatsoever.

2. Further, after a limitation period of three years, and on failure on your side to comply with mutally agreed terms & conditions, the opposite party may carry on his business without any reference to you.

3. Further since you are the Film Producer and since the Agreement is legally infructuous and null & void, you as the Film Producer (to create a arm-twisting leverage) may claim piracy (releasing your production without your written consent) alongwith criminal breach of trust, intimidation etc.... against the opposite party.

Keep Smiling .... Hemant Agarwal
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