Abstract

The article analyzes the distribution of risk between the parties to the agreements concluded in the American film industry. The choice of these contracts is justified for two reasons. First, such a project as production and exploitation of films carries significant uncertainties. Second, this uncertainty exerts huge influence on the content and structure of such agreements. In addition to the analysis of the clauses, also the way in which the contractual risk issues are regulated by the Polish Civil Code and Copyright and Related Rights Act has been discussed. The intention was to show that the risk analysis can be a useful practice for the formulation and analysis of contracts. At the theoretical level, the results of this analysis can stimulate development of the theory of contracts. The article characterizes a specific contract object (a cinematographic work) as well as special problems related to transactions involving this good. To this end a division of consumer goods distinguished in the microeconomic theory has been used, namely the division into search goods, experience goods and credence goods.