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Contract Negotiation Promotional and Publicity Clause Paper

Contract Negotiation Promotional and Publicity Clause Paper


You are a talent lawyer representing Kumail Nanjiani, a stand-up comedian and actor who recently garnered some accolades for his movie (in which he starred, as well as wrote) entitled The Big Sick. One of the major studios is negotiating to hire Nanjiani for a small role in the movie Candy Land based on a board game.

The studio included the following provisions in the first draft contract that they sent to you:

Promotional and Publicity Services. Artist shall render all services (Promotional Services) required by Studio, as, where and when required by Studio (both during production of the Picture and in connection with the initial theatrical and video release of the Picture), in connection with the publicity and promotion of the Picture, including without limitation attending premieres of the Picture, making appearances at press conferences or on television, making personal appearances, engaging in interviews, participating in photo sessions, cooperating in the photography of behind-the-scenes footage and participating in promotional tours and press junkets. No additional compensation or other remuneration shall be payable to Artist with respect to the Promotional Services.

Credit. Provided that Artist appears recognizably in the role for which he was engaged, Artist shall be accorded on-screen credit on the Picture if the Screen Actors Guild Agreement (SAG Agreement) so requires. All other matters relating to Artist’s credit, including size, position, and placement shall be at Studio’s discretion.

Merchandise. Studio shall have the unrestricted right to utilized Artist’s name, voice, and/or likeness in merchandising items related to the Picture, provided that Studio will not use Artist’s image in connection with the sale of tobacco products without Artist’s consent.

As Nanjiani’s attorney, list your objections in bullet point format, to at least two of the three paragraphs set forth. Then for each clause chosen, state within 1-2 paragraphs the reasons for your objections, including examples of how your client might be adversely affected by complying with these contract clauses.

  1. Finally, select one of the three clauses presented and revise it in a manner that would be more beneficial to your client, but that you believe the studio might also be able to live with.

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