Wednesday, February 15, 2012

How A Power Of Attorney Can Protect Your Rights In Commercial Trades

By Kate Perez


Watching a foreign film and TV program or listening to a song in a foreign language is not unusual nowadays. Odds are that you even have your own favorite shows, wherever you are now or what makes up foreign and local films 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 control of.

Selling a product to another market requires entering into a distribution agreement with a supplier. Even though you can do it on your own, there would be times and places where you wouldn't have the right to do so. If you have made an indie movie and you want to release it in another country in addition to releasing it in your hometown independently, you would need the support of a studio located in that place to assist you. And since you would enter into an agreement with the studio, you may have to give a power of attorney rights to the distributor studio.

With a power of attorney (POA), you are allowing the foreign film studio of your movie to act on your behalf. The receiver of the POA, who is the distributor, doesn't necessarily mean they are an attorney. It simply means that they don't have to consult you first for consent if they need to do whatsoever is in your best interest. It would help enormously to bestow them a POA, though it is not mandatory of you to do so. However, with the consent, the distributor can protect your rights even if you aren't in the same location.

What if someone made copies of your movie and sold them to film theaters? You and your film studio in that place would miss out in revenue since you wouldn't know that you are being deceived by someone else just because you are not there. But if the distributor 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 product doesn't necessarily have to be a movie, TV program, or music. It could be a physical product that you made, such as a toy or a food. You can adjust a POA to just include rights that you deem necessary, such as the right to sue a third party for unauthorized use, allocation, and release of your product.




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