Monday, January 23, 2012

Power Of Attorney - Giving Distributors Power To Protect Your Rights

By Albert Arce


Ever watched a foreign movie in your home country? Or have you ever listened to a track in another language? Odds are that you have, wherever in the world you may be or what makes up foreign and local films for you. You get to see movies and television shows that are not made in your country because their producers have entered into a distribution agreement with studios in your country. That is what happens when an owner wishes to sell his wares in another market.

Selling a product to another market requires entering into a distribution agreement with a supplier. Although you can do it by yourself, there would be instances and places where you wouldn't have the power to do so. If you have made an independent film and you wish to release it in another country besides releasing it in your homeland independently, you would need the support of a studio based in that place to assist you. And since you would enter into an agreement with the studio, you may have to grant a power of attorney rights to the distributor.

With a power of attorney (POA), you are allowing the distributor of your film to act on your behalf. The receiver of the POA, who is the foreign film distributor, doesn't necessarily mean they are an attorney. It just means that they don't have to check with you first for approval if they need to do whatsoever is in your best interest. It would help tremendously to give them a POA, though it is not necessary of you to do so. However, with the authorization, the distributor can defend your rights even if you aren't in the same place.

Just imagine if somebody else profits from your film by making copies and selling them at a lesser price. You and your foreign film studio would lose income. And in the first place, you wouldn't be aware that you are losing out simply because you are not there. A POA can make it easier for the distributor sue the third party for unauthorized release and distribution of your film, which would stop them from exploiting your work.

The same is true for any other merchandise you may want to sell. It doesn't necessarily have to be a movie, television show, or music. You could be selling any tangible item like toys or food, and the same rights would still apply, although there would just be slight changes. You can also adjust the POA to include only what you think necessary, like the right to sue a third party for selling your work.




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