by Jiyoung Moon
Many of you entertainment professionals out there like to agree to agree… A lot of attorneys out there will tell you that an agreement to agree is no contract at all. Well …
Here’s a common situation that creates all sorts of problems.
Person A meets Person B. Person A is a social animal and has lots and lots of juicy entertainment connections, and let’s say $$$. Person B is a writer/ director and just likes to create art. I feel warm all over.
In a meeting between the two they have some loose conversations about working together but write nothing down. Years go by and finally a script that B wrote and A promoted and sold is in production with B directing.
B : “Thank you A, you rule! So what is your fee for helping me sell my movie?”
A : “I think 1/2 is fair”
B : “Half?…. half??????? But, I wrote it, I directed it, its my baby!”
A : “1/2 should do just fine.”
Who is right…..???
Without an agreement this baby goes to litigation. However, I will tell you this that A’s case is strong, because without an agreement when two or more people decide to work together they form a general partnership. General partners split profits and losses equally. So congrats A, you just got 1/2 of the sale and any future proceeds.
This article reposted from sasik|moon, a legal blog about Entertainment, Business and surviving in Hollywood
Partner of the legal firm sasik|moon, Jiyoung Moon is an attorney specializing in entertainment and complex litigation and procedural issues. Jiyoung has consulted on multi-million dollar technology development projects and helped establish SmartRules™, a national litigators online tool. Jiyoung has also served as counsel in international business, immigration, international anti-trust and employment matters. In recent years, Jiyoung’s focus has shifted to assisting filmmakers reach their goals and dreams by providing guidance and counseling in independent film production and distribution. A native of Korea, Jiyoung is fluent in Korean, and she holds a Doctorate degree from the Univestiry of Southern California in Cello Performance. Jiyoung plays cello with the Los Angeles Attorney’s Orchestra.
