The Film Licensing Agreement serves as a crucial legal instrument in Indonesia's film and media industry, facilitating the authorized distribution and exploitation of film content. This document is essential when a rights holder wishes to grant specific distribution rights to another party within Indonesia or for Indonesian territory. The agreement must comply with Indonesia's strict regulatory framework, including the Film Law (Law No. 33 of 2009), Copyright Law, and related regulations governing film distribution, censorship, and content standards. The Film Licensing Agreement typically covers various distribution channels including theatrical, broadcast, digital platforms, and other media, with specific attention to Indonesian market requirements and local content regulations. It includes detailed provisions for technical delivery, content protection, payment structures, and territory restrictions, while ensuring compliance with Indonesian business practices and legal requirements.
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1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses
2. Background: Context of the agreement, including confirmation of ownership/right to license the film
3. Definitions: Key terms used throughout the agreement, including specific Indonesian legal and industry terms
4. Grant of Rights: Specific rights being licensed, including territory, duration, and type of use permitted
5. Term and Territory: Duration of the license and geographical areas where the rights can be exercised
6. Financial Terms: License fees, payment schedule, revenue sharing arrangements, and calculation methods
7. Delivery Requirements: Technical specifications and delivery format of the film materials
8. Usage Rights and Restrictions: Specific permissions and limitations on how the film can be used
9. Censorship and Classification: Compliance with Indonesian film classification requirements and censorship regulations
10. Warranties and Representations: Guarantees regarding ownership, right to license, and compliance with laws
11. Intellectual Property Protection: Obligations to protect and maintain IP rights, including copyright notices
12. Reporting and Auditing: Requirements for financial reporting and rights holder's audit privileges
13. Termination: Circumstances under which the agreement can be terminated and consequences
14. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
15. General Provisions: Standard clauses including notices, assignment, and entire agreement
1. Digital Rights: Specific provisions for online distribution, streaming, and digital platforms
2. Dubbing and Subtitling: Rights and requirements for language versioning
3. Marketing and Promotion: Rights and obligations regarding promotional materials and marketing activities
4. Third-Party Platform Distribution: Specific terms for distribution through third-party platforms or channels
5. Merchandising Rights: Terms for merchandising and ancillary product development
6. Music Rights: Specific provisions regarding music licensing if not included in the main rights package
7. Force Majeure: Provisions for unforeseen circumstances affecting performance
8. Anti-Corruption Compliance: Specific provisions for compliance with anti-corruption laws
9. Security and DRM Requirements: Technical requirements for content protection and digital rights management
1. Schedule A - Film Details: Detailed description of the film, including runtime, format, and technical specifications
2. Schedule B - Technical Delivery Requirements: Detailed technical specifications for delivery materials
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, installments, and due dates
4. Schedule D - Territory Restrictions: Detailed list of included/excluded territories and any specific territorial requirements
5. Schedule E - Marketing Materials: List of approved marketing materials and usage guidelines
6. Appendix 1 - Censorship Requirements: Specific Indonesian censorship requirements and classification guidelines
7. Appendix 2 - Required Notices: Copyright and other required notices in Indonesian and English
8. Appendix 3 - Approved Distribution Platforms: List of approved distribution platforms and specific requirements for each
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