Contracts between film composer and film director/production

[maxPa]

1- Since I’m an european composer and I need to sign a contract with an US Film director, what rules will be applied, european or american? Is there anything I should be careful of?

2- What will happen if we don’t sign a contract? Will I retain the copyright of the music I write or he can do whatever he wants with my music?

3- Is there a cheap way to prove that I wrote that music in a precise date or timestamp? (In Europe there is a thing called Temp Mark which is legally recognised to prove the exact date of an audio or text file. Is it valid in USA too?)

4- If I only write my conditions in email and the other part answers that he agrees, does it count as kind of a contract? Is gmail ok or I must do with his website official mail?

5- Once he send first bank transfer payment, he could ask me the money back in some way or it ends there?

[BertKoor]

0. ianal . Seek legal advice with someone specialized in this field.

1. The rules are whatever is written in the contract. It is a legally binding mutual agreement. You can negotiate about whatever you don't like.

2. Without a contract, yes the (c) is still yours and they can do what they like. If you get no compensation, you can sue them. But they probably have more/better lawyers (who'd probably advice to do things as agreed upon first)

3. Register your work locally with a collecting society (dutch Buma/Stemra) should suffice, but the Geneva Berne Convention does not require even that. You will have digital traces (emails etc) about what you handed over. But if they buy all rights, well... they bought all rights and you have nothing some fixed amount in compensation. What says the contract!? Maybe have a clause about residence at a royalties collection society you trust.

4. If you want undeniable proof a contract is agreed upon and signed, well then you need real signatures of both parties. Lawyers are the only group still using fax machines. When I bought my house, I printed a pdf, autographed that, scanned it to pdf and sent by email again. I heard that's not good enough in Italy.

5. He can always ask, but would you really? Why? Again: the contract. What are the terms on termination? Put there what you want or at least agree upon.