Output Film Contract / Photo Credit: Wikipedia
WHAT IS AN OUTPUT AGREEMENT? (In the Entertainment industry.)
An output contract is an agreement in which a producer agrees to sell his or her entire production to the buyer, who in turn agrees to purchase the entire output.
Thus, the buyer will buy all the 'output' the seller makes. Frequently, output contracts are used when a buyer seeks to be an exclusive supplier of a product. The output contract guarantees that the buyer will be the only supplier, since the buyer purchases all of the goods the seller produces.
The output agreement commits a licensee to acquire particular rights to a specified number of films produced in the future by a production company. In effect, an output agreement is a pre-sale agreement for a number of unspecified films. Typically, the output agreement governs the overall arrangement, and a separate license is entered into with respect to each film once the film is designated.
Another aspect of the output contract relates to exclusivity. Frequently, when a buyer signs an output contract with the supplier, the buyer also includes a provision in the contract that the buyer can advertise as the exclusive, or sole, supplier of the product. This is a benefit for the buyers, because it ensures that they will have full and sole use of the product; it's also a benefit for the sellers, because they will have all their goods bought from them without competing with any other suppliers.
Today, requirement and output contracts are enforceable because the parties to the contracts do, in fact, limit their options. If the buyer in a requirement contract wants to buy any of the product in the contract, he must buy it from the seller.
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Output Film Contract / Photo Credit: Wikipedia
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