Friday 20 January 2012

Granting A Power Of Attorney Rights To A Product Distributor

By Albert Arce


Watching a foreign movie and television program or listening to a song in a foreign language is not uncommon nowadays. Odds are that you even have your own favorite shows, wherever you are now or what makes up foreign and local movies for you. It is possible to see and listen to a program and music produced in other countries because of their producers entered into a distribution agreement with studios in your state. That happens when an owner wants to sell his merchandise to a market he has no power in.

If you wish to sell a product, you can naturally do it yourself. However, there are instances when you don't have the right to do so. In that case, you would need to enter into a distribution agreement with a supplier you can market your work on your behalf. Say you have an independent movie. You can release it in your homeland without the aid of a major movie studio, but if you want to release it in a foreign country, you would need the assistance of a studio located in that place. And in this kind of agreement in this given situation, granting power of attorney rights to the film distributor is usually needed.

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

What if someone made copies of your film and sold them to film theaters? You and your film studio in that place would lose out in income since you would have no idea that you are being deceived by someone else simply because you are not there. But if the film studio has POA to sue a third party for unauthorized release and distribution of your film, they would help resolve the problem as soon as possible.

A item doesn't necessarily have to be a movie, television program, or music. It could be a physical item that you made, like a toy or a food. You can amend a POA to only include rights that you believe necessary, like the right to sue a third party for unlicensed use, distribution, and release of your product.




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