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.
- Â Â Â Â Â A. During actor's incapacity.
- Â Â Â Â Â B. During interruption of employer's business.
- Â Â Â Â Â C. While actor in default.
- 11. Termination of contract.
- Â Â Â Â Â A. Grounds (for example, actor's incapacity or inability to perform, or suspension of production).
- Â Â Â Â Â B. Procedure.
- 12. Compensation of actor
- Â Â Â Â Â A. Amount.
- Â Â Â Â Â B. Additional compensation for extra services, and the like.
- Â Â Â Â Â C. Times payable.
- Â Â Â Â Â D. Right to suspend or terminate compensation.
- Â Â Â Â Â E. Right to extend term of contract.
- Â Â Â Â Â F. Reimbursement of expenses for, or furnishing of, transportation for actor.
- Â Â Â Â Â 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:
- Â Â Â Â Â A. Effect of breach;
- Â Â Â Â Â B. Rights and remedies of parties; and
- Â Â Â Â Â 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.
The Kentucky Agreement, also known as the Kentucky Motion Picture Actor Agreement, is a legal contract that defines the terms and conditions under which an actor will perform in a motion picture as directed by the producer. This agreement applies specifically to actors involved in the Kentucky motion picture industry and has been designed to protect both the actor and the producer throughout the filmmaking process. The Kentucky Agreement outlines various key aspects of the actor's performance, including their role, compensation, working conditions, and rights. It ensures that the actor understands their responsibilities and obligations while allowing the producer to exercise creative control and direction over the actor's performance. One of the primary objectives of the Kentucky Agreement is to establish a fair and equitable payment structure for the actor's services. The terms of compensation may include base salary, bonuses, profit sharing agreements, and other financial arrangements. The agreement also addresses issues such as possible union involvement, residual payments, and any additional benefits the actor may be entitled to. In addition to compensation, the Kentucky Agreement covers other crucial aspects of the actor's performance, including the scope of work, shooting schedule, and location requirements. It specifies the duration of the actor's involvement in the project, as well as any exclusivity clauses or restrictions on the actor's ability to work in other productions during this period. The agreement also addresses matters related to the protection of intellectual property and the actor's privacy rights. It ensures that the actor's likeness, voice, and image cannot be used without their consent and sets the parameters for any promotional activities that may involve the actor. Furthermore, the Kentucky Agreement establishes a protocol for dispute resolution, including mediation or arbitration procedures, to handle any conflicts that may arise between the actor and producer during the filmmaking process. Overall, the Kentucky Agreement Motion Picture Actor to Perform as Directed by Producer serves as a crucial document in the Kentucky entertainment industry, outlining the essential terms and conditions governing the relationship between the actor and the producer. It provides legal safeguards for both parties, ensuring a smooth and professional collaboration while bringing the creative vision of the producer to life on the silver screen. Different types of Kentucky Agreement Motion Picture Actor to Perform as Directed by Producer may exist to address specific requirements and circumstances. These variants could include agreements tailored for lead actors, supporting actors, or actors with unique clauses due to their popularity or contractual obligations to other productions. Additionally, there might be separate agreements for actors belonging to different unions or associations, each with their specific terms and conditions.