T&C's, Licence and Production Process
Terms and Conditions apply to all production unless written agreement to any variation is made prior to commencement of production. Any fee paid to us for services is with the proviso that you accept our terms and conditions.
Licence for use of our Intellectual Property.
The Film Production Process, how it works and what is required by you.
PLATYPUS FILMS PTY LTD T/A OXYGEN PICTURES T&C's
Hours are billed hourly and days are billed daily except where minimum is stipulated.
Photography is a separate additional fee when simultaneous or in conjunction with film production.
Commercial Film Production is budgeted as per treatment.
Expenses incurred by Oxygen are subject to industry standard 20% Production Mark Up. Productions quoted over $5000 are subject to industry standard - 50% is to be paid in advance of pre production and the final 50% plus expenses/overages to be paid on delivery.
All rates exclude GST
Oxygen Pictures copyrights all material it produces. The Master** is licensed, not sold, to the client for the period of 12 Months from delivery unless otherwise stated in writing prior to contract (can be extended for a fee).
Payment is strictly cash on Delivery*. We do not offer monthly terms or credit.
Payment is a prerequisite for issuance of license to client and it must be made prior to Dispatch+ or release of the Master File**. Client acknowledges publishing or use of any material produced by Oxygen Pictures prior to payment is without license and is a copyright infringement. Instruction to deliver must be accompanied by a full payment confirmation - Cheques are not accepted – payment by Cash or Electronic Bank Transfer.
The Dispatch+ of the Master file is the completion of Oxygen Picture's obligations to client.
Rushes, Raw Files, Archives and any material generated by Oxygen Pictures for the production of the Master file are the property of Oxygen Pictures. Oxygen Pictures are under no obligation to keep said material, although we do make every effort to keep a safe history of all work produced. Oxygen Pictures cannot be held accountable for any loss of material after delivery of Master to client.
Oxygen Pictures has the right to publish any material produced for their promotion.
Client is responsible for all third party copyright and agrees to indemnify Oxygen Pictures for costs or loss as a result of third party copyright infringement.
Any errors (spelling typos etc) discovered after the approval by client are the responsibility of the client regardless of their origin. Client’s instruction to Oxygen Pictures for any billable task or part of is deemed agreement of all terms and conditions.
*Delivery is approval of the TVC.
**Master File is the completed digital file to be published and/or used for the benefit/enjoyment of the client. All material supplied priors to Master File are protected under Oxygen Pictures copyright and is for client approval only.
+Dispatch is the physical handing over or digital upload/transfer of the master digital file.
PLATYPUS FILMS PTY LTD T/A OXYGEN PICTURES LICENSE
Platypus Films Pty Ltd is and remains the owner of all right, title and interest in the Recording (includes all digital files, scripts, sound recordings, graphics, images still or moving and any material that are created by Platypus Films Pty Ltd) including without limitation any copyrights therein. The Recording is protected by and subject to Australian and international copyright laws.
Platypus Films Pty Ltd License
Our license allows you to use the Recording in the project as it was supplied for the purpose it was supplied. Recordings licensed under a Platypus License may be distributed an unlimited number of times in connection with the underlying use.
Limitations of Use
You may not:
sell, transfer, sublicense, share, give away or otherwise assign the Recording or your rights granted hereunder to any other party.
resell the Recording by itself or as part of a package.
claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording that must be approved by Platypus Films Pty Ltd.
Any material that is the property of third parties utilised within the recordings are subject to their licenses and remain the property of such parties unless assigned to Platypus Films Pty Ltd.
PLATYPUS FILMS PTY LTD PRODUCTION PROCESS
Film Production requires high level of creativity and requires understanding of audience reaction or appeal. It often requires one becomes detached from their own preferences to meet those of the intended audience. We often have people call us asking, how much will it cost to do a commercial? The answer is always the same, how long is a piece of string? .
The process has been simplified here to allow you a greater understanding.
This is an outline of what you are wanting. More importantly is what you want to achieve, how you, your product or subject should be perceived. This requires we understand who you are, who you are wanting to engage, the message you wish to convey and your expectations.
2. THE TREATMENT
In response to the Brief, we will write a treatment. We consider all the information you give us and it is important to have a general idea of what you are expecting to spend. It is a creative process and as such the creative increases with your budget. There is no point showing a Ferrari if you can only afford a Kia. We will ask questions back and forth as we develop the treatment.
The treatment can include script, styling, talent, approach, shot description or storyboards. The items included in the treatment are endless and are specific to the individual job. Our treatments are not generic and are specific to your brief.
3. THE CREATIVE PITCH
A treatment from the director is delivered to you. At this point you have not outlaid and funds. We will present the ideas and creative to you and discuss your feedback. We will also have a budget breakdown for you to consider the costing.
Everything we deliver in a Treatment in this pitch is our Intellectual Property (IP). You cannot take our creative to 3rd parties and then shop around. We own the IP and it is protected by Australian and International Copyright Law.
4. TREATMENT ADJUSTMENT OR ACCEPTANCE
We will most likely need to adjust our treatment to match your feedback. This is also often related to adjusting the budget, either up or down. Invariably, most clients are triggered to offer key information not previously considered important once they see a treatment. This is a perfectly normal and acceptable process. It is part of our creative development and a necessary step for us to improve the treatment and Budget realisation does impact this feedback. We are moving forward and getting a more clearer idea of what you want or need and the budget required to deliver it.
5.ACCEPTANCE OF TREATMENT - CONTRACT TO DELIVER
Once we revise and adjust the treatment to suit your needs, the creative treatment and budget are set. You accept both the budget and treatment, along with our terms and conditions, and enter into a contract for us to deliver the treatment.
As we move towards production, we will cast talent, select wardrobe, props, locations and anything specific to your production. You are engaged in this process. Basically, these are the elements that are specific to the treatment that you must approve.
There are elements that you are not engaged with such as extras, camera equipment, lights, lenses, crew etc, that is determined by the director.
During Production the director is now responsible for delivering the treatment. He is in charge on the set and works with the Producer. In our case, the Producer and Director are often the same person.
Because we do not shoot in order, it is difficult if not impossible for a client to understand what is happening and where what is being shot will be used or what its' purpose is. You will only be there to observe and you will only be approached by us if we have a specific element that requires your feedback or approval. There is a lot of pressure often due to time and this is not the time for unwanted distractions or explanations.
If there is a real concern, you may ask the director to clarify, but upon his acknowledging your request, allow him to pick an ideal time to give you his attention, which maybe after a shot or during a reset. Please understand that there is a lot happening in his head to achieve the treatment and he will want to give you his fullest attention. Coming up and interrupting will not get his full attention which you deserve.
8. ON SET THERE IS ONLY ONE DIRECTOR
What you cannot do is instruct anyone. You are not the Director. He is in charge and this is his office. Talking over a Director breaks down the discipline of a film shoot and offering additional comments to an actor or crew only creates confusion, is distracting and can impede the Director's legal obligation to deliver the treatment. Please respect the job of the Director when on his set.
9. POST PRODUCTION
Once principle photography is complete, we move to post production. This is the transfer of rushes to the edit suite, colour grading. visual effects and sound sweetening.
You will first see an offline edit, which is the rough cut of the director's vision and interpretation of his treatment. You will again have feedback to adjust the edit. A revision is then undertaken and the master is finalised approved and delivered.
Let's Work Together
If you are interested in knowing more, please do not hesitate to contact us.