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Signing A Distribution Agreement And Granting A Power Of Attorney


By Albert Arce


Watching a foreign movie and TV show or listening to a song in a foreign language is not unusual these days. Odds are that you even have your own favorite shows, wherever you are right now or what makes up foreign and local films for you. It is possible to watch and listen to a program and music made in other countries because of their producers signed a distribution agreement with studios in your state. That happens when an owner wants to sell his items to a market he has no control of.

If you want to sell a item, you can certainly do it yourself. However, there are times when you don't have the right to do so. In that case, you would have to sign a distribution agreement with a supplier you can sell your product on your behalf. Say you have an indie movie. You can release it in your hometown without the support of a major movie studio, but if you want to release it in a foreign country, you would need the help of a studio situation in that place. And in this kind of agreement in this particular situation, granting power of attorney rights to the distributor is usually called for.

It is not mandatory that you bestow a power of attorney, or POA, to the movie studio that will distribute your movie. However, it would help your cause tremendously as they would have the convenience of imposing your rights even if you aren't in the same state. A POA empowers them to act on your behalf. The agent or the recipient of the POA, who is the foreign film distributor in this example, doesn't have to be an attorney per se. The right simply means they can do whatsoever is in your best interest without acquiring your consent first.

Just imagine if someone else profits from your movie by making copies and selling them at a cheaper price. You and your foreign film studio would lose profits. And in the first place, you wouldn't be aware that you are missing out just because you are not there. A POA can make it easier for the distributor sue the third party for unlicensed release and distribution of your film, which would prevent them from taking advantage of your work.

The same is true for any other items, not just for films, television programs, or music. The same rights would still be valid on any product that you want to sell, like toys or food, though there would be slight variations. You can also amend the POA to what you believe just right. It could include only those you deem necessary like suing a third party for releasing and selling your work without your consent.




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