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Illinois Entertainment Lawyer...NO CHANGES: The film should not be edited, nor the title changed, without the filmmaker\'s approval. Editing for censorship purposes, television broadcast and changes made for a foreign release, such as translating the title, is permissible. MINIMUM ADVERTISING SPECIFIED: The contract should specify in writing the minimum amount the distributor will spend on advertising and promotion of the film. The distributor should make a commitment to pay for the creation of a poster, one-sheet and trailer if these items have not been created. EXPENSES LIMITED: There should be a floor and a ceiling on expenses. Market expenses (the cost to attend film markets) should be limited to the first year of release and capped per market. Promotional expenses should be limited to direct out-of-pocket costs spent to promote the film and should specifically exclude the distributor\'s general overhead and staff expenses. TERM: The term should be a reasonable length, perhaps up to ten years, but not in perpetuity. The filmmaker should be able to regain rights to the film if the distributor gives up on it. Thus, it is best to have a short initial term, such as two years, and a series of automatic rollovers if the distributor returns a certain amount of revenue to the filmmaker. If these performance milestones are not met, all rights would automatically revert to the filmmaker.

Illinois Entertainment Lawyer...

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