Filmmakers must obtain DVD film rights before producing a DVD film based on the creative work of others. Acquiring DVD film rights entails obtaining the copyright holder's legal permission to make and distribute a DVD of material containing their intellectual property. Acquiring DVD film rights also involves obtaining the legal permission to use the images and/or names of all people involved in the creative process, in particular the actors and screenwriters.

Acquiring DVD Film Rights

You will need to obtain legal permission from whoever holds the copyright of the material for which you want to acquire DVD film rights for. This may be an author, screenwriter, or a company that has previously bought the rights to the material. To produce and market a film on DVD, you will need to obtain multimedia rights (as opposed to television or merchandising rights). If an author is an unknown, it is sometimes possible to acquire DVD film rights on a free option. In such a case, the benefit to the creator of the material is the potential for exposure. More commonly, you will acquire DVD film rights by either paying a flat fee to the copyright holder or by promising a royalty based on sales of the finished DVD. Filmmakers typically acquire DVD rights with an option agreement. Basically, you enter into an agreement with the copyright holder for a set period of time, allowing you time to arrange such details as screenwriting, casting, and financing. This allows you to purchase the rights to produce the material with less up front cost, as long as you exercise your option within the term of the agreement, usually one year. There are many variations on agreements regarding property rights, so you will want to make sure both you and the copyright holder understand exactly what rights you are expecting to purchase. You will want to consider any plans for future merchandising as well as any potential plans for expanding into television at this point in your negotiations. Before you are able to distribute your DVD film, you will also need to acquire depiction rights from all actors in the film, allowing you to sell a product that contains their likeness. You will also need to obtain work-for-hire agreements with anyone else who contributed to your DVD film creatively, such as editors, directors, choreographers, and cinematographers. Bear in mind that all of these proceedings require legal contracts, and there are many nuances in the legal processes of acquiring DVD film rights. Consult with an attorney familiar with the law regarding intellectual property at every stage of your DVD film endeavor.

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