Directors Agreement Checklist

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Where a director is involved in a production, a Directors Agreement will be needed to set out the director's services.

When producing a film or television program, there will undoubtedly be a Director involved.  It’s always best to have a Director’s Agreement in place before entering the pre-production stage, so that all issues including approvals, deliverables and payments are discussed and settled before everyone gets to work. It’s important for the Director and Producer(s) to have their relationship or arrangement set out in writing, to avoid disputes before, during or after the filming and editing stages of production.

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If you need a Director’s Agreement, fill out the checklist below and we’ll be able to start working on an agreement for you. If you can’t answer certain questions, that probably means you need further advice, so just put ‘I don’t know’ or get in touch!

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1. Project Details and Parties to the Contract

A. What is the name or working title of the project or production?
B. Provide a brief description of the project or production including the genre, length and synopsis.
C. What is the name, ABN and address of the Director?
D. What is the name, ABN and address of the Producer or Production Company who is hiring the Director?

2. Director Services

A. What are the exact services the Director is required to provide (e.g. pre-production, editing, assistance with writing, pitching, promotion or post-production services)?
B. Are there any specific time commitments required of the Director? If so, what are these requirements (e.g. production periods and time commitments during such production periods)?
C. Where is the Director required to provide the Services?
D. Are there any restrictions on the Director providing services to other people during or after this project/production (e.g. no working for competitors)? If so, how long and in what locations/areas/countries will any restrictions apply?

3. Deliverables and Delivery Dates

A. What does the Director need to deliver (e.g. how many versions of the final cut, any trailers, what technical specifications)?
B. What are the delivery dates or delivery schedule (e.g. of the rough cut, the director's cut, the final cut, etc)?
C. Where and/or how will the deliverables be delivered by the Director (e.g. digitally and/or on a hard drive)?
D. How will editing decisions and approvals over deliverables work? (Consider who has creative control, what the time frames are for feedback and re-cuts and who is responsible for final approvals.)

4. Fee, Royalties and Expenses

A. What fee will the Director be paid?
B. When will payments be made? (Consider whether there is an hourly fee or a payment schedule based on the Director delivering deliverables or meeting certain goals.)
C. Is the Director entitled to a share of the profits made from the production, or entitled to a commission or royalties? If so, how will the profit share or commission be calculated and when will it be paid (i.e. how regularly)?
D. Will the Director be reimbursed for any expenses? What approvals does the Director need to obtain from the Producer to spend the production budget?

5. Copyright Ownership and Control

A. Who will own copyright in the project or production and/or any of the deliverables?
B. Are there any limitations on the Producer's use or exploitation of the film? Are there any approvals that may be required from the Director for the Producer to exploit the project or production?

6. Credit and Promotion

A. How will the Director be credited or involved in the promotion of the project or production?
B. What control (if any) does the Director have over the credits and promotional materials?
C. Does the Director have to participate in promotion of the project or production?

7. Special Conditions

A. Are there any special conditions that apply to the arrangement between the Producer and Director?

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