Film & TV

We have extensive experience in film and television. Traditionally, we advise on features, documentaries, commercials, formats and old-fashioned linear TV, but we can also assist you with new media forms such as video on demand, streamers, user generated content, podcasts, vlogs and socials.

Who do we assist?

We assist a multitude of parties in the film industry, including producers (both feature and commercial), distributors, film festivals, film funds, agents, directors, screenwriters, showrunners, actors, publishers, investors and insurers.

What can we help with?

Feature films and series
Producing a film requires contracts, all of which must be in line with each other. Contracts involved include contracts between the creators and the producer and/or broadcaster, between producer and funds, financiers and insurers, and between the producer and operators of the films.
Our lawyers know the pitfalls and what to watch out for and can help in drafting new contracts or reviewing existing ones. Even if it comes to a dispute, we can help reach a joint solution or litigate the matter in court.

Documentaries
When it comes to documentaries about a specific person, how to deal with that person (the subject) plays an important role. Does the subject cooperate or does he or she disagree with the content of the documentary? And what about portrait rights: what is allowed and what is not? Besides advice on agreements regarding practical matters such as locations, technique and post production and careful coordination with the (agents of the) makers, we advise on deals with rights holders of books, brands and music or image fragments.

Commercials
Our lawyers can give you specific advice on commercials. Although the advertising industry is to a large extent governed by the same rules as the broader film industry, it is a different business. We know the relationships between production company, agency and advertiser and offer assistance in negotiating contracts and resolving disputes following those relationships.

Clearance of rights and chain of title
An important part of the film industry is the clearance of rights. We can advise on checking the chain of title: are the licenses covered? Has everything been ‘bought in’ neatly? If necessary, we can arrange, negotiate and record the missing rights or licenses for you. If necessary, we can give you a fixed fee quote so that you know what costs to expect upfront.

Advance checks on scripts or books
Another part of our services is reviewing scripts or pre-existing content for risks related to privacy, portrait rights, trademark use and defamation or libel.

E&O insurances, completion bonds and legal opinions
We provide assistance with insurance, such as E&O insurance and completion bonds, and can also provide legal opinions in that context – or as otherwise required – in both Dutch and English. If there is a foreign aspect to the matter, we can call on our international network. It is also possible to agree a fixed fee in advance.

Examples of cases in which we have been involved:

Contracts and negotiations:

• Deal between Achmed Akkabi (creator, producer and lead actor of Videoland series Mocro Maffia) and Amazon Prime Video
• Deal between screenwriter of Penoza and Het jaar van Fortuyn and creator and showrunner of Dirty Lines) and Fremantle label Fiction Valley
• Deal with Youtube on documentary Nikkie Tutorials
• Book adaptations, e.g. Soof, Nieuwe Buren, Baantjer, Het geheime dagboek van Hendrik Groen, ‘t Hooge Nest

Legal proceedings relating to contracts and (un)lawful publications:

• De Deventer Moordzaak: proceedings against Maurice de Hond about the film De Veroordeling and podcast De Deventer Moordzaak
• Legal proceedings (Court and Court of Appeals) between distributor Independent Films and producer NL Film and TV

Television and other (new) media

Who do we assist?

We have many years of experience in television and other media, both scripted and non-scripted. Our clients include format owners, agents, presenters, journalists and others who appear on screen, willingly or unwillingly.

What can we help with?

As a format owner, it is important to make good deals with the producers or broadcasters you work with. These format deals contain many pitfalls. We know these pitfalls, guard you from them and help you make a commercially sound deal.

In addition, we are experienced in assisting presenters in their contract negotiations with producers and broadcasters, both in terms of employment contracts and contracts of assignment (ZZP).

Our lawyers help those who appear on screen with putting into agreement what happens to their portrait rights and under what conditions. In that respect, laying down potential use of portrait and voice with AI for subsequent productions has become increasingly important.

Also in case someone unintentionally appears on screen or otherwise in the media, we can offer assistance (see also Unlawful Publications).

Examples of cases in which we have been involved:

• Deals for presenters/actors/directors/writers/format creators with producers/broadcasters/streamers
• Transfer Eva Jinek from KRO-NCRV to RTL
• Transfer Eva Jinek from RTL to AVROTROS
• Transition Jair Ferwerda from public broadcaster to RTL