1/21/2012

Distribution Agreements And The Power Of Attorney

By Albert Arce


Watching a foreign movie and television show or listening to a song in another language is not uncommon these days. Chances are that you even have your own favorites, wherever you are right now or what makes up foreign and local movies for you. It is possible to see and listen to a show and music made in other countries because of their producers entered into a distribution agreement with studios in your country. That happens when an owner wishes to sell his goods to a market he has no control of.

Selling an item to another market requires entering into a distribution agreement with a supplier. Even though you can do it by yourself, there would be instances and places where you wouldn't have the right to do so. If you have made an independent movie and you wish to release it in another country besides releasing it in your homeland independently, you would need the assistance of a studio based in that place to assist you. And since you would sign a contract with the studio, you may have to give a power of attorney rights to the distributor.

With a power of attorney (POA), you are authorizing the distributor of your movie to act on your behalf. The receiver of the POA, who is the foreign film distributor, doesn't mean they should be an attorney. It just means that they don't have to check with you first for consent if they need to do whatsoever is in your best interest. It would help enormously to bestow them a POA, though it is not mandatory of you to do so. However, with the consent, the distributor can defend your rights even if you aren't in the same place.

Just imagine if somebody else profits from your film by making copies and selling them at a lesser price. You and your distributor would lose earnings. And in the first place, you wouldn't be aware that you are losing out simply because you are not there. A POA can make it easier for the distributor sue the third party for unlicensed release and distribution of your film, which would prevent them from cashing in from your work.

The same is true for any other products, not just for movies, TV programs, or music. The same rights would still apply on any work that you wish to sell, like toys or food, although there would be slight modifications. You can also modify the POA to what you deem just appropriate. It could include only those you think necessary like suing a third party for releasing and selling your product without your consent.




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