The online resource for legal documents used as samples and templates, RealDealDocs.com, has released the License Agreement for Paris Hilton Entertainment and offers a free preview by clicking here.

A license agreement is a legal document stipulating the granting of permission by a party (”licensor”) to another party (”licensee”) as an element of an agreement between those parties. Generally with a licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor And, in exchange, the licensee will submit to a number of conditions as per the use of the licensor’s property and agrees to make payments in the form of royalties.

There are a number of varieties of licensing agreements. A cable tv license agreement is granted by a party to another party as an element of an agreement between those parties for use in cable television broadcast. A content license agreement is used when a consultant will be providing professional consulting services. A contribution agreement is a license agreement where the “licensee” licenses content from the “licensor” for placement on the licensee’s website. A copyright license agreement standardizes the rights and obligations of the parties during their cooperation in regard to a specific product, market or business. An end user agreement defines the terms and provisions for use of the product or software by the end user. An intellectual property licensing agreement grants permission to copy, sell or distribute intellectual property. A patent license agreement grants permission to copy, sell or distribute a patented invention. There are also music, television, software, trademark and use of likeness licensing agreements.

The licensing agreement for Paris Hilton entertainment grants Paralux Fragrances Inc. the sole and exclusive rights to manufacture and distribute fragrances and related products bearing the licensed mark of the Paris Hilton name.

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To understand the Limited Partnership Agreement, one must first understand the limited partnership. Similar to the general partnership, the limited partnership consists of one or more general partners and one or more limited partners. The general partners act as would be expected. On the positive side, they manage and control the partnership, share in its profits, use its property, and have authority to bind the other general partners. On the negative side, they are all jointly and severally liable for the debts and obligations of the partnership.

Add to this the limited partners who are, as their name suggests, limited in what they can and cannot do. Limited partners can share in the profits, receiving dividends of sorts. They also can avoid the joint and several liability for the partnership’s debts. They cannot, however, bind the partnership, nor do they have management control-usually. But they can sit on the board of directors without being deemed to have management control. Lastly, they are obliged by statute to disclose their status as limited partners to the public, lest unwitting persons think otherwise.

It happens sometimes that limited partners can have management control and the power to bind the partnership, and this leads into the main distinctions between general partnerships and limited partnerships. First, limited partnerships are created not by the intention of the parties but by statute, by filing registration papers with the state. Second, the parties may decide to override the Limited Partnership Agreement by actually endowing the limited parties with rights that they would not normally enjoy. And third, so long as the limited partnership observes certain rules related to limited liability, centralized management, duration, and transferability of ownership, it will benefit from pass-through taxation. Otherwise, it will be taxed like a corporation.

Limited partnerships are also distinguished from limited liability partnerships. In the latter case, all the partners have limited liability. In the former case, only the limited partners have limited liability; the general partners are still on the hook. To address this hazard, the limited partnership may be set up such that the general partner is actually a corporation or LLC.

Limited partnership Agreements have a number of essential clauses. Because the agreements govern the partnership, it is important for them to be clear and complete. They should address the issues of control and authority-may limited partners manage or bind the partnership? They should also deal the purpose of the partnership, its duration and termination; possible assignment of partnership interests (which are regarded as securities by law; the other partners have right of first refusal, too, where a partner is trying to assign the interest); and money-how to split the profits, how they will be taxed, and how to divide the partnership’s debts.

Limited Partnership Agreements are most commonly found in the real estate and entertainment (film) industries, where projects (like constructing a building or making a movie) are of a finite duration and where the duties can be neatly separated. That is, in these situations, the general partners make the investment and control the project, and the limited partners provide the labor and the know-how. All, however, enjoy in the profits-at least theoretically.

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This post will cover the key provisions of an agreement to distribute filmed entertainment, usually made between a producer or licensor (”Producer”) of a motion picture and a distributor (”Distributor”).

Picture: This provision covers the specifications of the film to be delivered by the producer to the distributor. For instance, how long or short must the film be? What type of film, in terms of content and intended audience, will be delivered?

Territory: What is the scope of the agreement? Some distribution agreements are for worldwide rights to distribute the film; others cover just domestic or foreign rights.

Term: The parties must agree as to how long the distributor’s exclusive rights will last.

Rights Granted: This provision will spell out whether or not the distributor’s rights are exclusive. The scope of rights given to the distributor will vary from agreement to agreement, but are usually exclusive within a given territory.

Definition and Disposition of Gross Receipts: “Gross receipts” is a term used in the film industry to measure the success of a film. While there is a generally accepted definition of gross receipts, the agreement should nonetheless define the term. Generally speaking, the term “net receipts” is defined as gross receipts minus all distribution expenses.

Motion Picture distribution agreements will vary, but every agreement will cover these provisions in detail. Both producers and distributors are wise to consult an experienced entertainment attorney before signing a distribution agreement.

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