Distribution can be one of the biggest barriers to international markets for television, literature, film or any other form of entertainment is distribution. The infrastructure and channels required to distribute media in the secondary, web or foreign market is seldom in the hands of the rights-holder.
To find the right local partner for distribution can be an ordeal. But once such a partner is found it can be tricky coming to a mutually beneficial arrangement. This entails determining between fixed fee and profit sharing, deciding on period and means of distribution, and many other technical decisions. Going through the process alone can be a confusing and grueling.
A Multi-Tiered Process
Signing a distribution contract is a multi-tiered process that involves numerous spheres of expertise and law. Getting from initial offer to an executed and binding distribution agreement involves the following stages:
Negotiation: Starting from a base offer, it can be difficult to create a binding distribution contracts. Whereas most offers are framed as “take it or leave it”, the truth is that you often have many more options than the opposite party would want you to believe. We can help negotiate the terms for you, if you are not satisfied with the terms of an offer, or just need to work out the fine-print. This comprises drawing up a list of enforceable terms, and thoroughly negotiating with opposing counsel to get you the best deal you can get.
Drafting: After you have an agreement with a distributor, the deal still must be solemnized into a binding distribution contract. While you may think the deal settled, it will be tough to hold the other party to the agreed upon terms. Getting from an offer or agreement, to a binding contract can be tricky. We, at Kashyap and Kashyap, can help – by drafting a contract that communicates the totality of your agreement, in a form carefully tailored to protect your interests and within the limits of the law of the land.
Execution: When a distribution contract is negotiated and written, it still must be implemented to become binding. While enactment is usually a simple process, making deals across borders can make this process a cumbersome ordeal. Our attorneys work to enable the execution of contracts across borders, to ensure that the necessary requirements for all appropriate jurisdictions are met to solemnize your agreement and make it enforceable.
Review: At Kashyap and Kashyap, we can also help examine distribution contracts you’ve signed with a detailed review process. We will pull out the pertinent details of your contract – translating “legalese” into clear and concise terms for you. We can also position these terms into the larger legal context – explaining just what rights are augmented or surrendered away by the agreement, and how much of the contract can be enforced on either party.
We Can Help!
Going through the process of entering into a distribution contract unaided can prove difficult without experienced legal advice. But we are here to help.
We can help with the process of drafting and entering the right distribution contract for you – whether in the form of contract drafting, negotiation, execution or review. We also provide comprehensive consultation services – both for specific offers and overall talent advice.
Our offices use only the most selected and qualified corporate lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.