Home Video Licensing Agreement

This Home Video Licensing Agreement is between a distributor, and producer of home

video to engage the distributor to distribute the video in a specified territory. In

exchange for the right to distribute the program, the distributor pays the film production

company a front-end advance and a back-end royalty based on gross receipts. This

document in its draft form contains numerous of the standard clauses commonly used in

these types of agreements, as well as optional language to allow for customization to

ensure the specific terms of the parties’ agreement are addressed. Use this form when

one is a distributor or producer attempting to license out or obtain distribution rights.

HOME VIDEO LICENSING AGREEMENT

This home video licensing agreement (hereinafter referred to as the “Agreement”) is made and

entered into this _____________________ day of _______________________, 20____

[Instruction: Insert Date] (the “Effective Date”), by and between

___________________________, [Instruction: Insert Production Company Name]

__________________________________________[Instruction: Insert Address] (hereinafter

referred to as the "Licensor"), and _____________________________, [Instruction: Insert

Distributor Name] ____________________________________________ [Instruction: Insert

Address] (hereinafter referred to as the "Distributor").



RECITALS



WHEREAS, the Licensor is the owner and has the exclusive right to distribute and otherwise

exploit the Program(s), as set forth in Schedule “A”, attached hereto and incorporated by this

reference (hereinafter referred to as the "Program(s)");



WHEREAS. the Licensor wishes to appoint Distributor as the sole and exclusive distributor of the

Program(s) in the Territory as herein defined.



NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, receipt

of which is acknowledged, the parties hereto agree as follows:



1. GRANT OF RIGHTS



Licensor hereby grants to Distributor the exclusive and irrevocable home video distribution

rights, in the domestic home video market, throughout the Territory and for the Term set forth

herein. Distributor shall exercise the following rights in connection with the Program(s):



A. to sell, lease, license, rent, distribute, reproduce, perform, exploit, advertise and

otherwise market the Program(s) throughout the Territory;



B. to reproduce, incorporate and manufacture videocassettes, Videodiscs, DVDs, blu-ray

discs and other similar devices ( the “Video Grams”) of the Program(s) presented in its entirety

in the form delivered by Licensor to Distributor, with no titles, credits, copyright notices, or

other material in the Project changed, added to, omitted or edited without Licensor's prior

written approval, which shall not be unreasonably withheld, except that Distributor may

without prior approval:



i. incorporate into the Program(s), preceding the main title and/or following the end

titles, Distributor's name, trademark and/or logo;









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ii. change, add, omit, or edit the Program(s), but not the credits or copyright notice

thereof, in order to conform with the requirements of any generally recognized censorship

board or agency in the Territory or any part thereof and/or community standards in the

Territory or any part thereof; and



iii. make dubbed or subtitled non-English language versions of the Program(s), at

Distributor's sole cost and expense, provided that Licensor shall make available to Distributor

all materials suitable for such purpose which Licensor may own or have access to.



C. To sell, lease, license, rent, distribute, reproduce, perform, exploit, advertise and

otherwise market such Video Grams during the term of the Distributor shall have sole, full and

complete discretion concerning the manufacture, distribution, marketing and other exploitation

of all Video Grams. Distributor shall have the right to advertise, publicize, and promote the

Program(s) and the services of Distributor by any means or media, and may utilize for such

purposes excerpts from the Program(s) not exceeding three (3) minutes in running time and/or

trailers of the Program(s). Distributor shall have the right to use the advertising and publicity

material provided by Licensor to promote the exploitation of the Program(s). Distributor shall

have the sole and exclusive right to negotiate, make, alter and cancel contracts involving the

distribution, sale, lease or rental of Video Grams in the Territory, the right to adjust and settle

all disputes with distributors, licensees, purchasers, and other contracting parties, and the right

to make allowances and give credits to such parties.



2. RESTRICTED RIGHTS



All rights not expressly granted hereunder, including the use of any Video Grams for viewing in

any place of public assembly where an admission fee is charged, for broadcasting by television

or cable, whether free or pay for public exhibition in the traditional non-theatrical market,

sequels and remakes, or for theatrical exhibition are reserved to the Licensor. Distributor shall

only have the right to distribute the Program(s) to the domestic home video market, to be used

for exhibition on a television set for private home use only. Licensor is not in any way obliged to

license to Distributor any new programs Licensor may produce in the future.



3. TERRITORY



Subject to the terms and conditions of this Agreement, Licensor hereby grants to Distributo