Film Development Fund

Contractual Arrangements for Film Production Financing Applications

After an applicant is approved, the Government will arrange with the applicant for execution of financing contracts. However, before execution of the contracts, the applicant will be required to fulfill some conditions including the submission of documents to prove the ownership of all the intellectual property rights of the film. To facilitate the applicant to fulfill these conditions, the Government has prepared samples of the documents for use of the applicant, as follows:

Documents to Prove the Ownership of Intellectual Property (IP) Rights

		1. Film Director Agreement
		2. Individual Film Producer Agreement
		3. Scriptwriter Agreement
		4. Artist Service Agreement
		5. Editor Agreement
		6. Music Composer Agreement
		7. Lyrics Writer Agreement
		8. Music Synchronization Licence Agreement
		9. Cinematographer/Director of Photography Agreement
		10. Art Director Agreement

Depending on the circumstances, it may be necessary for the applicant to sign supplementary agreements with the film workers. Samples of the supplementary agreements are prepared for use of applicant:

		1. Supplementary Agreement of Film Director
		2. Supplementary Agreement of Individual Film Producer
		3. Supplementary Agreement of Scriptwriter
		4. Supplementary Agreement of Artist Services
		5. Supplementary Agreement of Editor
		6. Supplementary Agreement of Music Composer
		7. Supplementary Agreement of Lyrics Writer
		8. Supplementary Agreement of Director of Photography
		9. Supplementary Agreement of Art Director

Upon satisfactory fulfillment of the required conditions, the Government will execute the financing contracts with the applicant. These contracts include:

		(i) Production Finance Agreement
		(ii) Master Definitions Schedule
		(iii) Inter-party Agreement
		(iv) Government Charge
		(v) Laboratory Pledgeholder’s Agreement

Notes

1. Templates of the above documents are provided as examples only.  If applicants are in any doubt about the contents of the sample documents, they should consult their legal advisers or other professional advisers. 
   
   
2. In preparing the templates, reference is made to the “Legal Documentation Guide on Film Financing and Production” produced by the Fong & Ng Solicitors in association with Goodmans King & Wood, PRC Lawyers.
   
   
3. Television and Entertainment Licensing Authority and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China take no responsibility for the contents of the sample documents and agreements, make no representation as to their accuracy, completeness or suitability, and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of the sample documents and agreements.