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: Illinois Agreement Motion Picture Actor to Perform as Directed by Producer — A Comprehensive Overview Keywords: Illinois Agreement, Motion Picture Actor, Perform, Directed by Producer Introduction: The Illinois Agreement Motion Picture Actor to Perform as Directed by Producer is a legally binding contract that outlines the terms and conditions of an actor's engagement in a motion picture production. This agreement governs the relationship between the actor and the producer, ensuring a clear understanding of each party's obligations, compensation, rights, and other important aspects related to the performance. Types of Illinois Agreement Motion Picture Actor to Perform as Directed by Producer: 1. Pay-or-Play Agreement: A Pay-or-Play Agreement is a common type of Illinois Agreement, assuring that the actor will receive a specified compensation, whether the producer utilizes their performance or not. This ensures financial security for the actor, even if the project does not move forward. 2. Exclusive Contract: In an Exclusive Contract, the actor agrees not to engage in any other acting work during the production period. This provision ensures the producer's exclusive use of the actor's talent and availability throughout the agreed-upon timeline. 3. Option Agreement: An Option Agreement grants the producer the exclusive right to engage the actor for additional related projects or sequels, subject to specific terms and conditions. This protects the producer's interests if the initial project gains significant success or if follow-up projects are planned. 5. Work-for-Hire Agreement: A Work-for-Hire Agreement implies that the actor's work in the motion picture becomes the sole property of the producer, who possesses all rights, copyrights, and patents associated with it. This type of agreement is typically used in situations where the producer seeks complete ownership and control over the finished product. Detailed Description: 1. Parties Involved: This section provides a detailed description of the parties involved, including the actor's legal name, stage name (if applicable), address, contact information, and the producer's details, such as their production company name, address, and contact information. 2. Scope of Work: This section outlines the specific role(s) the actor will portray in the motion picture, including character descriptions, performance requirements, and any special skills or attributes necessary to carry out the role(s) effectively. It may also mention the duration of the actor's engagement and the number of shooting days or work hours. 3. Compensation and Expenses: The Illinois Agreement outlines the compensation structure for the actor, including the base salary, bonuses, royalties, and any profit-sharing provisions. Additionally, the agreement defines how expenses, such as travel, accommodation, meals, and wardrobe, will be covered and reimbursed. 4. Performance Obligations: This section outlines the actor's responsibilities, including being available for rehearsals and shooting sessions, adhering to the production schedule, and maintaining a professional attitude both on and off set. It may also include any physical or health requirements necessary for the actor to meet their obligations successfully. 5. Intellectual Property Rights: This section explains the ownership and rights associated with the actor's performance, including copyrights, royalties, residuals, and any limitations on the use, reproduction, or distribution of the motion picture. 6. Confidentiality and Non-Disclosure: To protect sensitive information related to the production, this section establishes confidentiality obligations for both the actor and the producer. It outlines restrictions on disclosing trade secrets, scripts, plot lines, or any other confidential information tied to the project. 7. Termination and Breach: The Illinois Agreement defines the conditions under which either party may terminate the agreement and the remedies available in case of a breach of contract. It may cover situations such as non-performance, material breach, force majeure events, or disagreement over creative differences. Conclusion: The Illinois Agreement Motion Picture Actor to Perform as Directed by Producer is a crucial aspect of ensuring a smooth and fair collaboration between actors and producers within the motion picture industry. By clearly defining the rights, responsibilities, and obligations of each party, this agreement serves as a legal safeguard protecting the interests of both actors and producers alike.
