Common use of Creative Control Clause in Contracts

Creative Control. The parties agree to meet from time to time as agreed between the parties to consult in good faith with each other over the editorial content and artistic direction of the Audiovisual Recording provided that the Client, in its absolute discretion [but with full discussion with the Producer and giving good faith consideration to the Producer’s views as a professional production company], have final editorial and artistic control over the Audiovisual Recording. The Client shall appoint a representative (Client Representative) who shall have the right on behalf of the Client to accept as satisfactory the story outlines, scripts, voices, storyboards and design of the Audiovisual Recording and the Client shall be responsible for the cost of any lengthening of the production schedule [or budget increase] necessitated by the exercise of such right, other than the cost of changes arising from acts or omissions of the Producer. The Client Representative will also be available to provide hands-on assistance during filming. The Producer will submit to the Client details of the scripts, voices, storyboards, design and music for the Video Audiovisual Recording for review and acceptance by not later than [*] and the Client shall confirm either its acceptance or non-acceptance with reasons in writing within [*] Business Days after receipt of such details. If the Producer does not receive notice of such acceptance or non-acceptance within that period of [*] Business Days, the Client will be deemed to have accepted such details, which will then form part of the Audiovisual Products. If the Client declines to accept any of the Audiovisual Products, the Producer will then have seven days in which to make all necessary changes to them, in consultation with the Client, the Client having given written reasons for non-acceptance. The Producer will then submit to the Client the revised material or replaced materials and the provisions of 53.3. and this 53.4. will apply again save that any further request for amendment by the Client after the second review shall be subject to charge by the Producer to cover reasonable costs necessarily incurred as a result of the second non-acceptance, such costs to be paid within 30 days of the Client's receipt of a valid invoice for them. The Client's Representative shall have the opportunity to accept, or refuse to accept, the Audiovisual Recording at rough cut and fine cut stage on DVD delivered in hard copy or posted online for online review at the Producer's cost. Subject to dates being agreed in advance, the Client shall be entitled to request within a period of [*] Business Days from receipt of each of the rough cut and fine cut of the DVD respectively, reasonable amendments which shall be undertaken by the Producer at its own cost. If the Client does not request amendments within [*] Business Days, acceptance shall be deemed to have occurred and the Audiovisual Recording accepted.

Creative Control. 3.1 The parties agree to meet from time to time as agreed between the parties to consult in good faith with each other over the editorial content and artistic direction of the Audiovisual Recording Project provided that the Client▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ shall, in its absolute discretion [but with full discussion and in good faith and in consultation with the Producer and giving good faith consideration to the Producer’s views as a professional production company]Client, have final editorial and artistic control over the Audiovisual Recording. Project. 3.2 The Client shall appoint a representative (Client Representative) who Representative shall have the right to accept as satisfactory the Draft Product, the Edit and the Finished Product for and on behalf of the Client to accept as satisfactory the story outlines, scripts, voices, storyboards and design of the Audiovisual Recording and the Client shall be responsible for the cost of any lengthening of the production schedule [Production Schedule or budget increase] Budget increase necessitated by the exercise of such right, other than the cost of changes arising solely from acts or omissions by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. 3.3 Upon completion of the Producer. The Client Representative will also be available to provide hands-on assistance during filming. The Producer will submit to the Client details of the scripts, voices, storyboards, design and music for the Video Audiovisual Recording for review and acceptance by not later than [*] and the Client shall confirm either its acceptance or non-acceptance with reasons in writing within [*] Business Days after receipt of such details. If the Producer does not receive notice of such acceptance or non-acceptance within that period of [*] Business DaysDraft Product, the Client will be deemed receive a copy to have accepted such detailsview and, if necessary, send one list of suggested changes which will then form part be considered by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. 3.4 Upon completion of the Audiovisual ProductsEdit the Client will receive a copy and, if necessary will send one list of suggested changes which will be considered by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. The amount of feedback rounds is determent beforehand. If the Client declines to accept desires more feedback rounds, an additional charge of €450 per round will be charged. 3.5 Neither the Draft Product nor the Edit shall be made available for public viewing and any of the Audiovisual Products, the Producer will then have seven days in which to make all necessary changes to them, in consultation parties connected with the Client, Client may only view them subject to express written permission of both the Client having and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ being given written reasons for nonin advance. 3.6 Any Post Production work, primarily grading, remixing, re-acceptancerecording or re-titling carried out by parties other than ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, will only be undertaken when the Edit has been approved and any requested edit changes made (i.e. when the edit is ‘locked’). The Producer will then submit Any costs associated with any changes required to the Client the revised material or replaced materials and the provisions of 53.3. and Project after this 53.4. outsourced work has been completed will apply again save that any further request for amendment be borne by the Client after the second review shall be subject to charge by the Producer to cover reasonable costs necessarily incurred as a result of the second non-acceptance, such costs to be paid within 30 days of the Client's receipt of a valid invoice for them. The Client's Representative shall have the opportunity to accept, (including any further Grading or refuse to accept, the Audiovisual Recording at rough cut and fine cut stage on DVD delivered in hard copy or posted online for online review at the Producer's cost. Subject to dates being agreed in advance, the Client shall be entitled to request within a period of [*] Business Days from receipt of each of the rough cut and fine cut of the DVD respectively, reasonable amendments which shall be undertaken by the Producer at its own cost. CGI). 3.7 If the Client does not request amendments to the Draft Product and/or Edit and/or Finished Product, as the case may be, within [*] five Business DaysDays (or such other period as may be agreed by the parties in writing in advance) of delivery of the Draft Product and/or Edit and/or Finished Product, acceptance as the case may be, to the Client Representative, the Draft Product and/or Edit and/or Finished Product, as the case may be, shall be deemed to have occurred been accepted by the Client Representative for and on behalf of the Audiovisual Recording acceptedClient. 3.8 Should any changes requested by the Client be incorporated in the Finished Product but against the wishes of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ reserves the right to remove its name from the film and create a “Directors Cut” for use exclusively on its website.