That is where specialist advice adds real value. Careful legal review helps ensure key risks, rights and obligations are properly understood, negotiated and protected.
Our guide highlights the 10 key areas that should always be examined closely before signing a media contract – and before relying too heavily on AI alone.
1. Commencement & Duration
When does the contract start and when does it really end?
Contracts in the media sector rarely have a simple start and finish. Terms may be fixed, rolling, tied to delivery or split into stages (option, development, production).
Make sure you understand:
- When the agreement comes into force;
- How long it lasts (fixed term, rolling term or delivery-based);
- Any renewal or extension rights;
- Who can terminate – and whether fault is required?
A contract that quietly rolls on or locks you in longer than expected can limit future opportunities.
2. Obligations
What are you actually agreeing to do?
Whether you are engaging services or providing services and deliverables, it is key that the services and deliverables are clearly defined whether that is in development, consulting, production, or post-production support.
Look closely at:
- the scope of services and deliverables;
- milestones, deadlines, and approval stages;
- consequences of delay or non-performance.
Ambiguity is a common source of disputes, especially when projects evolve creatively and fluidly over the course of a project.
3. Charges & Payment
How and when do you get paid?
Payment structures vary widely depending on the type of project to which the contract relates. Fees may be fixed, time-based, milestone-based or linked to royalties or revenue share.
Key points to check:
- fixed fee vs time-spent pricing;
- whether time recording or audits are required;
- when payment is triggered (invoice date vs receipt);
- how royalties or licence fees are calculated, reported, and paid.
Cash flow matters. Make sure payment terms reflect how you actually work.
4. Intellectual Property Rights (IP)
Who owns the work and how can it be used?
IP is more often than not the most valuable asset in a creative project. Ownership may sit with you, the other party or be transferred or licensed by agreement.
Consider:
- Is IP assigned outright or licensed?
- If licensed, is it exclusive or non-exclusive?
- Are rights relating to territory, duration, field of use, and sub-licensing clear?
- Are background IP and third-party materials properly carved out?
Poorly drafted IP clauses can unintentionally give away long-term rights and limit control and/or commercialisation.
5. IP Warranties & Indemnities
What are you promising and what could you be liable for?
Contracts often require creators to give warranties that:
- they own the IP;
- the work does not infringe third-party rights;
- they have the right to license or transfer the IP.
Warranties may be qualified (for example, “to the best of our knowledge”) to avoid unlimited risk. Indemnities should be proportionate and clearly defined.
Conversely, if you are engaging a creator, you will want to ensure that the warranties and indemnities are robust to allow appropriate risk management for the project.
6. Insurance
Are you expected to insure the risk?
Some contracts require specific insurance cover (e.g. professional indemnity or liability insurance).
Check:
- what insurance is required;
- minimum coverage levels;
- how long insurance must be maintained;
- whether proof of insurance must be provided.
Insurance obligations should align with the actual risk and value of the project.
7. Confidentiality
Who has to keep what secret and for how long?
Confidentiality clauses are standard but they should be fair and mutual where both parties are sharing sensitive information.
Consider:
- Are confidentiality obligations mutual?
- What constitutes “confidential information”?
- Do obligations survive termination – and if so, for how long?
Overly broad confidentiality clauses can restrict your ability to showcase work, make press releases or discuss experiences.
8. Limitation of Liability
How much could this deal really cost you if something goes wrong?
Liability caps are common but they must be reasonable in context.
Look out for:
- caps linked to fees paid or insurance levels;
- exclusions for indirect or consequential loss;
- carve-outs for IP infringement, fraud and data protection.
A contract with unlimited liability is rarely appropriate for the provision or engagement of services and deliverables in a media-sector context.
9. Termination
What happens if the project ends early?
Understand:
- Who can terminate and on what grounds?
- Whether termination rights are balanced?
- What you’re paid for work completed to date?
- Whether staged work attracts partial or enhanced payments?
Termination provisions should protect you without acting as a penalty.
10. Governing Law & Jurisdiction
Which country’s rules apply?
The governing law affects how the contract is interpreted and enforced.
Make sure:
- the governing law is clearly stated;
- the courts with jurisdiction are identified;
- you understand the implications of the choice of governing law on interpretation and enforcement.
If the contract is governed by a different legal system, specialist local advice will be essential.
