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Truly Free Film

Ancillary Rights, The Devil is in the Lawyer

by Andrew Einspruch

Filmmaker Andrew Einspruch recently attended the Australian International Documentary Conference and wrote a series of articles for the event, which he’s graciously allowed us to reprint here. These articles originally appeared in Screen Hub, the daily online newspaper for Australian film and television professionals.

“You learn the most when you have a success,” said Marcus Gillezeau of Firelight Productions. That’s because you find out what exactly you signed away and what you held onto in your contracts back in the beginning. He also said that there are only two times that people read their contracts – when something fails (so they can get out of it) or when something does well (so they can figure out how to get some of the money).

Gillezeau should know. His company is riding the success of Storm Surfers 3D, a feature film that follows on from their previous Storm Surfers TV series. As the award statues cluster on the mantle, more and more people want to get in on the action. He has become something of a self-made expert on ancillary rights, and shared some of that knowledge in a session at this year’s Australian International Documentary Conference.

Gillezeau started by putting this clause up on the screen:

All rights in all media now known or that may be invented in the future in all territories including the universe… and it’s territories and colonies… in-perpetuity.