ITVS Production Agreement (a.k.a. “The Fine Print”)
ITVS financing is a co-production investment in the Program. A greenlit program must have a solid financing plan to complete the project.
ITVS agreements include the following provisions, among others.
The producer will:
- Maintain creative and financial responsibility in significant consultation with ITVS.
- Grant to ITVS the exclusive right to package and distribute the Program for broadcast in the U.S. Territory and its possessions. Broadcasting outlets include U.S. television and internet equivalents.
- Keep the right to distribute the Program in ancillary markets not administered by ITVS, subject to ITVS approval, such as home video, non-theatrical, theatrical and festival distribution in the Territory.
- Secure signed written releases for all major participants in the Program.
- Secure appropriate Production Insurance and Errors and Omissions insurance (E & O insurance is required for U.S. broadcast).
- Be responsible for all tax liabilities required by the country where Producer is located.
- Observe and implement the ITVS technical specifications and the editorial and journalistic standards as provided by ITVS.
- Provide production funds as a co-production investment with revenue participation in all versions of the Program world-wide. The ITVS revenue participation will be based on a percentage of funding that ITVS invests in the approved production budget. The actual percentage will be reviewed with the producer prior to completing the ITVS Agreement.
- License the exclusive television broadcast rights, and allied internet distribution rights of the ITVS-authorized exhibition in the U.S. Territory and its possessions.
- Consult with the producer regarding creative, editorial and financial matters throughout the production and the completion of the Program. ITVS will require input into the editing and presentation of the Program to meet U.S. broadcast standards and regulations, but also to attract and be relevant for a U.S. audience.
- Supply funded Producers with access to the ITVS Production Handbook clearly describing all ITVS broadcast and other standard requirements necessary for Delivery of the Program to ITVS.
- Have the option to offer the Program, either for a fee or free of charge, to U.S. Public Television.
- Have the right to provide appropriate packaging, scheduling, broadcast, outreach, promotion and website support for the television broadcast on a case-by-case basis.
- Have the exclusive right to promote the program in all media in the Territory, and the non-exclusive right to promote the Program in all media world-wide.
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