Film Production Agreement (Ghana)
Film Production Agreement
THIS FILM PRODUCTION AGREEMENT (this "Agreement") is made on [Agreement Date] between:
PRODUCER: [Producer Name] (ORC Registration No. [Producer Reg Number]), of [Producer Address] (the "Producer"); and
PRODUCTION COMPANY: [Production Company Name], of [Production Company Address] (the "Production Company").
This Agreement is governed by the Copyright Act 2005 (Act 690) and the laws of Ghana.
1. The Project
The Production Company agrees to produce the following audiovisual work (the "Film"): Title: [Project Title]; Format: [Project Format]; Intended Duration: [Project Duration].
Principal photography and production shall take place in accordance with the following schedule: [Shooting Schedule].
The Production Company shall deliver the completed Film to the Producer by [Delivery Date] in the technical format and to the specifications agreed between the Parties.
2. Production Budget and Payment
The total approved production budget for the Film is GHS [Production Budget] (the "Budget"), payable in the following instalments: [Payment Milestones]
The Production Company shall maintain detailed accounts of all production expenditure and shall allow the Producer to audit those accounts on reasonable notice.
Withholding tax on payments to non-resident parties shall be deducted and remitted to the Ghana Revenue Authority (GRA) in accordance with the Income Tax Act 2015 (Act 896).
3. Intellectual Property
Copyright in the Film shall vest in: [Copyright Owner], in accordance with Section 7 of the Copyright Act 2005 (Act 690).
The Production Company assigns to the Producer (where applicable) all copyright in the Film and all works created specifically for the Film, including the screenplay, original music score, and edited footage.
The moral rights of individual contributors (director, screenwriter) under Section 12 of the Copyright Act 2005 (Act 690) are acknowledged. Credits shall appear on screen as agreed between the Parties.
The Production Company shall obtain all necessary music synchronisation licences from the Ghana Music Rights Organisation (GHAMRO) and from relevant international rights holders before incorporating third-party music into the Film.
4. NFA Classification
[NFA Classification] shall submit the completed Film to the National Film Authority (NFA) for classification and shall obtain a Certificate of Classification before public exhibition of the Film in Ghana, in compliance with the National Film Authority Act 2016 (Act 935).
5. Termination
Either Party may terminate this Agreement by giving [Notice Period] written notice if the other Party commits a material breach and fails to remedy it within the notice period.
On termination, all work in progress, raw footage, and production materials shall be transferred to the Producer within 14 days.
6. Governing Law
This Agreement is governed by the laws of Ghana. Any dispute shall be resolved by: [Dispute Resolution].
Execution
IN WITNESS WHEREOF the Parties have signed this Film Production Agreement on the date first written above.
Producer
________________
Signature
Production Company
________________
Signature
What Is a Film Production Agreement (Ghana)?
A Film Production Agreement in Ghana governs the relationship between the parties by fixing what each must do.
Section 7 of the Copyright Act 2005 (Act 690) recognises films, television productions, and other audiovisual works as copyright-protected works in Ghana. The producer of a film — the person who undertakes the initiative and responsibility for making the film — is deemed the first owner of the copyright in the film as a whole work, unless the parties agree otherwise in writing. Individual contributors to the film — the director, screenwriter, cinematographer, composer of the soundtrack, and lead actors — may retain separate copyrights in their own contributions unless those rights are assigned to the producer by a written agreement such as a Film Production Agreement.
The Ghana Film Authority (GFA), established under the Ghana Film Industry Commission Act 1994 (PNDCL 327) and restructured as the National Film Authority (NFA) under the National Film Authority Act 2016 (Act 935), regulates the film industry in Ghana, promotes Ghanaian film (known internationally as Ghallywood), and administers film classification and certification. Any film intended for public exhibition in Ghana — whether in cinemas, on television through channels licensed by the National Communications Authority (NCA) under the Electronic Communications Act 2008 (Act 775), or through online streaming platforms operating in Ghana — requires classification certification from the National Film Authority.
A Film Production Agreement in Ghana must be distinguished from a Distribution Agreement (which covers the rights to distribute a completed film to cinemas, broadcasters, or online platforms), from a Co-Production Agreement (where two or more producers from different countries jointly finance and produce a film, often to access co-production treaties), and from a Talent Agreement (a specific contract with an individual actor, director, or crew member forming part of the broader production structure).
The Ghana Revenue Authority (GRA) administers withholding tax on payments to non-resident film production companies and artists under the Income Tax Act 2015 (Act 896). The Creative Arts Agency (CAA), established under the Creative Arts Industry Act 2020 (Act 1048), supports the broader creative economy in Ghana including film.
The legal framework governing the Film Production Agreement (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Parties executing a Film Production Agreement (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Copyright Act 2005 (Act 690) sets the foundational requirements.
When Do You Need a Film Production Agreement (Ghana)?
A Film Production Agreement in Ghana is required whenever a producer engages a production company, director, or key creative talent to develop and deliver a film or audiovisual project for distribution in Ghana or internationally.
A Film Production Agreement is required when a Ghanaian film producer commissions a production company to produce a feature film for theatrical release in Ghana and international film festivals, and the parties must agree on the production budget, creative control, intellectual property ownership under the Copyright Act 2005 (Act 690), and the producer's obligations to obtain National Film Authority (NFA) classification.
A Film Production Agreement is needed when a television broadcaster licensed by the National Communications Authority (NCA) under the Electronic Communications Act 2008 (Act 775) commissions an independent production company in Ghana to produce a drama series, reality show, or documentary for broadcast on free-to-air or subscription television.
A Film Production Agreement is required when a Ghanaian company or government ministry engages a film production company to produce a corporate video, public information film, or promotional documentary, and the commissioning party requires full ownership of the copyright in the finished work under the Copyright Act 2005 (Act 690).
A Film Production Agreement is needed when an international film production company selects Ghana — particularly Greater Accra, Ashanti Region, or coastal locations in the Central Region — as a filming location and enters into a co-production or service production arrangement with a local Ghanaian production company, requiring a detailed written agreement to allocate creative credits, financial obligations, and intellectual property rights.
A Film Production Agreement is required when a digital content creator or social media influencer in Ghana engages a production house to produce branded video content for distribution on YouTube, TikTok, or other online platforms operating in Ghana, and the parties must clarify copyright ownership, usage licences, and exclusivity restrictions.
Parties in Ghana should execute the Film Production Agreement before any production activity commences to confirm that copyright ownership, crew employment obligations under the Labour Act 2003 (Act 651), and SSNIT registration requirements under the National Pensions Act 2008 (Act 766) are clearly documented from the outset.
What to Include in Your Film Production Agreement (Ghana)
A valid Film Production Agreement in Ghana under the Copyright Act 2005 (Act 690) must contain the following essential elements.
Parties and Project: Full legal names and addresses of the producer and production company (including ORC company registration numbers under the Companies Act 2019, Act 992), the project title and a brief description of the film — genre, format (feature film, documentary, series, commercial), intended duration, and target audience.
Production Services and Deliverables: A precise description of the services to be provided — pre-production (script development, casting, location scouting), production (filming schedule, studio time, crew engagement), and post-production (editing, sound mixing, visual effects, colour grading, subtitling). Delivery format and technical specifications required for NFA classification and broadcaster or distributor delivery should be specified.
Production Budget and Payment: Total approved production budget in Ghana Cedis (GHS) or foreign currency where co-production is involved; payment schedule tied to production milestones; the producer's right to audit production expenditure; and provisions for budget overruns. Withholding tax obligations under the Income Tax Act 2015 (Act 896) for payments to non-resident parties should be addressed.
Intellectual Property Ownership: Assignment of all copyright in the film and its constituent elements — script, music, footage, graphics — to the producer, subject to any retained rights by individual contributors. Moral rights of authors under Section 12 of the Copyright Act 2005 (Act 690) must be acknowledged. Music synchronisation licences from the Ghana Music Rights Organisation (GHAMRO) should be obtained separately.
Credits: Screen credit obligations — names to appear in the main and end titles — and credit obligations to the Creative Arts Agency (CAA) or the National Film Authority (NFA) where applicable.
NFA Classification: The production company's obligation to submit the completed film to the National Film Authority for classification and to obtain a Certificate of Classification before public exhibition in Ghana.
Confidentiality and Exclusivity: Protection of the script, financing arrangements, and production details as confidential information; exclusivity provisions restricting the production company from working on competing projects during the production period.
Termination: Grounds for termination — budget breach, creative default, failure to meet the shooting schedule — and the consequences of termination including ownership of work in progress.
Governing Law: Ghana law, with disputes referred to the High Court (Commercial Division) in Accra. Forms-legal.com provides this template as a starting point for Ghana film production documentation; legal advice from a Ghanaian solicitor with entertainment law experience is recommended for complex or high-budget productions.
Additional compliance elements for a Film Production Agreement (Ghana) used in Ghana include: Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
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}Frequently Asked Questions
Under Section 7 of the Copyright Act 2005 (Act 690), the producer of an audiovisual work — the person who takes the initiative and financial responsibility for making the film — is deemed the first owner of the copyright in the film as a whole. However, individual contributors retain separate copyrights in their own pre-existing works incorporated into the film — the screenwriter retains copyright in the script, the composer retains copyright in the original soundtrack — unless those rights are assigned in writing to the producer. A Film Production Agreement in Ghana should include a clear copyright assignment clause requiring all contributors to assign their rights in works created specifically for the film to the producer. Without a written assignment, individual contributors could block distribution of the film. The moral rights of the director and screenwriter under Section 12 of the Copyright Act 2005 (Act 690) — the right to be identified as the creator and to object to derogatory treatment — cannot be waived but must be acknowledged in the agreement.
Yes. Under the National Film Authority Act 2016 (Act 935), any film intended for public exhibition in Ghana — whether in cinemas, on free-to-air television, through subscription broadcast services regulated by the National Communications Authority (NCA), or on digital streaming platforms operating in Ghana — must be submitted to the National Film Authority (NFA) for classification before public release. The NFA classifies films by age group (General, Parental Guidance, 15+, 18+, and Restricted), and may direct cuts or modifications for films containing content that violates Ghana's standards on violence, sexual content, or anti-social behaviour. Films that are exhibited publicly without NFA classification are in breach of the National Film Authority Act 2016 (Act 935) and the producer and exhibitor may face administrative sanctions. Foreign films imported for exhibition in Ghana are similarly subject to NFA classification. Short films and corporate videos intended for private corporate use rather than public exhibition may not require NFA classification, but producers should confirm the applicable requirements with the NFA directly.
Film production payments in Ghana are subject to withholding tax (WHT) under the Income Tax Act 2015 (Act 896) administered by the Ghana Revenue Authority (GRA). The applicable withholding tax rates for film production payments in Ghana are: 15% on management fees and technical service fees paid to non-resident companies; 10% on royalties paid to non-resident copyright holders; 8% on fees paid to individual resident actors, directors, and freelance crew members treated as self-employed; and 5% on payments for services to resident companies. Where a double tax treaty (DTT) exists between Ghana and the country of residence of the payee — Ghana has DTTs with several countries including South Africa, the United Kingdom, and Germany — the treaty rate may reduce or eliminate the WHT obligation. Withholding tax deducted must be remitted to the GRA by the 15th day of the month following the month of payment. Film producers in Ghana should engage a GRA-registered tax consultant to structure inter-party payment arrangements efficiently.
A film produced in Ghana that uses third-party music — whether pre-existing Ghanaian or international recordings or original commissioned scores — requires music synchronisation licences under the Copyright Act 2005 (Act 690). Two types of music rights are relevant: (1) the synchronisation right (the right to synchronise the musical composition with the film's visual images), which is held by the music publisher or composer; and (2) the master recording right (the right to use a specific recorded performance), held by the record label or the recording artist. For Ghanaian music, the Ghana Music Rights Organisation (GHAMRO), established under the Copyright Act 2005 (Act 690), manages performing rights and certain licensing on behalf of Ghanaian composers and music publishers. Producers should obtain written synchronisation and master licences from the relevant rights holders before incorporating any third-party music into the film. Failure to obtain proper music licences can prevent the film from being cleared for distribution on international platforms and may result in copyright infringement claims.
Ghana offers several incentives to encourage domestic and foreign film production under the Creative Arts Industry Act 2020 (Act 1048) and the Ghana Investment Promotion Centre (GIPC) Act 2013 (Act 865). The National Film Authority (NFA) administers a Film Ghana initiative that provides location facilitation, co-production support, and fast-track NFA classification for qualifying productions that use Ghanaian crew, actors, and locations. The Ghana Revenue Authority (GRA) may grant tax concessions on qualifying film equipment imported for production purposes under the Customs Act 2015 (Act 891). The Ghana Tourism Authority (GTA) under the Tourism Act 2011 (Act 817) provides location support for productions filming at Ghana's heritage sites — including Cape Coast Castle, Kakum National Park, Mole National Park, and Labadi Beach in Accra — which have been used in internationally distributed films. Foreign co-productions accessing Ghanaian filming locations and talent should register with the Ghana Investment Promotion Centre (GIPC) to qualify for investment incentives and should engage the Creative Arts Agency (CAA) for additional industry support.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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