Video work sponsorship (sponsor) contract

[Video work sponsorship contract]

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*This contract is a sponsorship agreement concluded between the sponsor who is supporting the film and the producer of the film (film production company, film production producer, representative of the film production committee, etc.).

★Video works include movies, dramas, animations, TV programs, and videos distributed on social media such as YouTube.

*Financial sponsorship (sponsors providing money to the producers of the video works) is envisaged.
→If the sponsor provides the producer of a video work with its products or services, or with filming locations, during the production process of the video work, the details will be determined separately between the sponsor and the producer.
→In other words, if there is provision of products such as costumes or filming locations during the production process of a video work, the details will be left to a separate contract.

★Please also see this contract template.
Film Production Committee Agreement
https://akiraccyo.thebase.in/items/24572903
Character Merchandising Rights License Agreement
https://akiraccyo.thebase.in/items/141004
Basic agreement for filming use of facilities and locations (for filming coordinators) + individual agreements
https://akiraccyo.thebase.in/items/60812863

[Reference (our firm's website)]
Contract law for content business and related industries
http://keiyaku.info/contents02.html
Film industry transaction design and contract drafting
http://keiyaku.info/contents03.html
Event, live, and festival sponsorship agreements
https://keiyaku.info/s_event01.html
Individual/team sponsorship contracts and cooperation contracts
https://keiyaku.info/sponsor01.html

★ Clauses included in the "Video Work Sponsorship Agreement"
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Article 1 (Purpose)
This provision is about the purpose of this agreement.
It stipulates that Party A's sponsorship of the work is intended to benefit both Party A and Party B.

Article 2 (Eligible Video Works)
These are regulations that specify the applicable video works. (These regulations are intended for movies.)
→Another example of Article 2 is also provided, which specifies the name of the video, the date and time of broadcast/distribution, the creator, and the producer/director.

Article 3 (Products and/or Services and Categories)
This provision identifies the products and services covered by this Agreement and the categories to which they belong.

Paragraph 1 stipulates that the products and/or services of Party A that are the subject of this Agreement and the categories to which such products, etc. belong are as set forth in [Appendix 2].

Paragraph 2 stipulates that Party B, the producer of the video work, will not grant the rights under Article 4 to any third party other than Party A in relation to the products and/or services listed in [Attachment 2] and the products and/or services belonging to the categories listed in [Attachment 2].

Let's say you have entered into this Agreement with sponsoring company A regarding their mobile phone products. In that case, [Appendix 2] would list "mobile phones" or "mobile communication devices" as the "goods and/or services" and "mobile phone" or "mobile communication devices" as the "category." This means that Company A's products covered by this Agreement are limited to "mobile phones." Therefore, even if Company A also engages in Internet and other communications businesses in addition to manufacturing and selling mobile phones, Company A's rights under this Agreement will be limited to "mobile phones." Company A cannot use the title or promotional images of the Work in advertising or promotion for its communications businesses. Furthermore, because Company A is the sole rights holder in the "mobile phone" and "mobile communication devices" categories, competitors in those categories cannot exercise similar rights as sponsors of the Work.

Article 4 (Grant of Rights to Sponsors)
This Agreement sets out the rights granted to Party A under this Agreement.

★It is possible that the rights to be granted will differ depending on the sponsor, so we would appreciate it if you would add, delete, or modify as appropriate.

Section 1 lists the rights that are granted.
Article 1 stipulates the right to use the name, publicity images, and approved images of the Work in relation to Party A's products, etc.
Article 2 stipulates the right to announce that the company is a supporting sponsor of the work in relation to advertising, publicity, and promotion of products, etc. There are also cases where the method of announcement is specified in the contract, such as "●●● (sponsor company name) is an official sponsor of ●●● (film title)."
Article 3 stipulates the right to display the logos and marks of sponsoring companies on signboards installed in designated locations.
Article 4 stipulates the right to display the logos and marks of sponsoring companies on the background boards at press conferences for the work in question.
Article 5 provides for the right to advertise in the official pamphlet of the work.
Items 6 and 7 stipulate the right of Party A to be notified that it is a supporting sponsor of the Work in advertisements, promotional materials, and official brochures for the Work.
Article 8 stipulates the right to distribute advertising materials and samples of products, etc. to audiences at cinemas and other venues where the Work is screened or distributed.
Article 9 stipulates the right to play the footage on large screens installed in cinemas and other venues where the Work is screened or distributed.
Article 10 stipulates the right to have credits related to Party A's company, brand, products, services, etc. included in the end credits of the Work.
Article 11 stipulates the right to be tagged by official accounts related to Party A's company, brand, products, services, etc. on the official social media accounts of the Work in question.
Article 12 stipulates the right of Party B to receive tickets to view the Work in question.

Paragraph 2 stipulates that Party A's exercise of its rights shall be limited to the scope and methods deemed appropriate by Party B.
For example, even if Article 2, paragraph 9 grants Party A the right to play commercial footage on large screens installed in movie theaters and other venues where the Work is screened or distributed, it is unlikely that Party B would be permitted to play such footage for long periods of time or while the Work is being screened or distributed. It is likely that Party B would not deem such playback appropriate under this paragraph and would not be permitted.

Article 5 (Contract Period)
This sets out the contract period of this agreement.
During this contract period, Party A will exercise the rights granted in Article 4.

* Clause 3: "The right to have credits related to Party A's company, brand, products, services, etc., listed in the end credits of the Work," the period of exercise is set as "from the date / month / year until the expiration of the copyright protection period for the Work."
→Article 54, paragraph 1 of the Copyright Act stipulates that the "term of protection for a cinematographic work" shall "last for 70 years after the work is made public (or, if the work is not made public within 70 years after its creation, for 70 years after its creation)."

Article 6 (Contract Area)
This section defines the geographical scope within which Party A may exercise the rights granted in Article 4 under this Agreement.

Article 7 (Compensation)
Section 1: Sets out the consideration to be paid by Party A to Party B under this Agreement.

Section 2: This section stipulates how compensation will be handled if the screening or distribution of the work is canceled.
(Please change the content as necessary.)
→Another example of paragraph 2 is also provided.
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Clause 3: In the event that Party A provides Party B with Party A's products and services, or filming locations, during the production process of the Work, the details thereof will be determined separately between Party A and Party B.
→In other words, if there is provision of products such as costumes or filming locations during the production process of a video work, the details will be left to a separate contract.

Article 8 (Approval)
This Agreement stipulates that Party A must obtain Party B's prior written approval regarding any advertising and promotional materials, logos, marks, etc. used when Party A exercises its rights under this Agreement.

Article 9 (Rights relating to the Publicity Images)
The agreement stipulates that Party A will not hold any rights other than those set forth in this agreement regarding the promotional images for the video work, that Party A will not register any intellectual property rights, and that Party B will not dispute Party B's rights.

Article 10 (Compliance with Laws and Regulations)

Article 11 (Prohibition of Transfer of Rights and Obligations)

Article 12 (Confidentiality)

Article 13 (Termination of Contract)
This clause stipulates the right to terminate this contract and also explicitly provides for claims for damages.
Under the Civil Code, if the other party fails to fulfill its contractual obligations, a right of termination arises (statutory right of termination, Civil Code Articles 541 and 543).
This clause provides that, in addition to the statutory right of termination, grounds for termination may be added by agreement (items 1 to 13), and that termination may be made without notice.

Article 14 (Exclusion of anti-social forces)

Article 15 (Governing Law, Negotiation Resolution, Jurisdiction)
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