VIEWS: 7 PAGES: 9 CATEGORY: Protecting Intellectual Property POSTED ON: 10/11/2013
This is an agreement between a screenwriter and a production company to write a screenplay for a motion picture film. Customize the type of film to be created, the compensation amount, the due date, and much more. This agreement is ideal for individuals or small businesses that engage in screenwriting services. In addition, this agreement can be used by production companies that want to hire a screenwriter to write a script for them.
Screenwriter Agreement This is an agreement between a screenwriter and a production company to write a screenplay for a motion picture film. Customize the type of film to be created, the compensation amount, the due date, and much more. This agreement is ideal for individuals or small businesses that engage in screenwriting services. In addition, this agreement can be used by production companies that want to hire a screenwriter to write a play for them. SCREENWRITER AGREEMENT THIS SCREENWRITER AGREEMENT (hereinafter referred to as the “Agreement”) is hereby made and entered as of __________________ [Instructions: Insert the date of the agreement] by and between __________________ [Instructions: Insert name of the Production Company] (hereinafter referred to as the “Company”), _______________________________ [Instructions: Insert address of the Production Company] and __________________ [Instructions: Insert name of Screenwriter] (hereinafter referred to as the “Writer”), _______________________________ [Instructions: Insert address of Screenwriter]. WHEREAS, Company desires to engage Writer to render writing services in connection with the creation of an original screenplay (hereinafter referred to as the “Screenplay”) for a motion picture tentatively entitled “_______________________________” [Instruction: Insert Name of Motion Picture] (hereinafter referred to as the “Motion Picture”); and WHEREAS, Writer desires to accept such engagement and render such services on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the parties as follows: 1. Writer’s Services. Company hereby employs Writer to render services (hereinafter referred to as the “Writer’s Services”) in the writing, composition, preparation and revision of the Screenplay. Writer accepts such employment and agrees to render Writer’s Services hereunder and devote his best talents, efforts and abilities in accordance with the instructions, control and directions of the Company. Writer agrees to render Writer’s services pursuant to the delivery schedule described in the Statement of Work, as set forth in Schedule “A”, attached hereto and incorporated by this reference (the “SOW”). 2. Term and Termination. a. The term (the “Term”) of this Agreement shall commence on the date hereof Date and shall continue thereafter until such time that the Writer has fully rendered all of the Writer’s Services and the same has been accepted by the Company Notwithstanding anything to the contrary herein, the Term may be terminated: i. By the non-breaching party upon the occurrence of a material breach of the other party’s obligations under this Agreement, which breach is not cured within thirty (30) days (fifteen (15) days with respect to payment) after receipt of written notice of breach from the non-breaching party; or ii. By Company, with or without cause, upon __________ (_____) [Instructions: Insert number of days notice required] days written notice. © Copyright 2013 Docstoc Inc. 2 b. Notwithstanding the termination of the Term for any reason, neither party shall be relieved of any duty, obligation, debt or liability that arose or accrued prior to the termination of the Term. Upon termination of the Term for any reason, Writer shall promptly: (i) return to Company all materials provided by Company to Writer under this Agreement; and (ii) deliver to Company all deliverables and portions thereof created during the Term of this Agreement. 3. Ownership. Writer expressly acknowledges that the material contributed by Writer hereunder, and Writer’s Services hereunder, are being specially ordered and commissioned by Company for use in connection with the preparation of the Screenplay. The Screenplay contributed by Writer hereunder shall be considered a “work made for hire” within the meaning of the U.S. Copyright Act of 1976 (Title 17, U.S.C.), as amended. Company shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of Writer’s Services hereunder in whatever stage of completion. If for any reason the results and proceeds of Writer’s Services hereunder are determined at any time not to be a “work made for hire”, Writer hereby irrevocably transfers and assigns to Company all right, title and interest (including the copyrights) in and to: (a) All materials, including but not limited to word files, tapes, and completed manuscript, the completed Screenplay and/or other product resulting from Writer’s Services in connection with Motion Picture; (b) The content of the subject matter of the Screenplay provided by the Company; (c) Any ideas, works, documentation or notes conceived related to the Screenplay; and (d) All writings and work product by the Writer related to or associated with the Screenplay. If the Company is required to obtain the Writer’s consent to register any copyrights related to the Screenplay, the Writer shall provide Writer’s consent and transfer and assign any of Writer’s interest as stated herein. Writer shall retain no rights whatsoever to the Screenplay’s specific content, sales, marketing, distribution, resale, reprinting, or use, except as specified within this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. Upon delivery of the final draft of the Screenplay, Writer shall execute such further instruments, including but not limited to a Certificate of Authorship, and take such further actions as are reasonably required by Company to evidence more fully Company’s ownership of the Screenplay. 4. Payment. a. Subject to Writer’s full and faithful performance of all the terms and conditions contained herein, Company shall pay the Writer in the amounts and at the times set forth in the SOW. b. Provided Writer is not in breach of any of Writer’s material obligations hereunder, after Company has fully recouped all costs in connection with the Motion Picture, (including, but not limited to, production costs, legal costs, license fees, advertising costs and fees and all other costs associated with the Motion Picture) Company shall pay Writer, _____________ percent (___%) [Instructions: Insert royalty percentage Screenwriter will receive] of Company’s gross revenue that specifically and actually related to the Motion Picture. c. The Company will reimburse the Writer for reasonable, actual and direct expenses incurred in fulfilling this Agreement, including, but not limited to, photocopying, long-distance © Copyright 2013 Docstoc Inc. 3 calls, parking, travel, couriers and postage. Writer agrees not to incur any such billable expenses without prior approval from the Company. 5. Credits. The Company shall accord Writer (or cause Writer to be accorded) credit in substantially in the following form: “Screenplay by __________” [Instruction: Insert Writer Name] or accord Writer credit as is otherwise is customary in the entertainment industry. Company may also use or authorize the use of Writer’s name and approved biographical data in connection with the advertising or promotion of any publication of the Motion Picture. Company's inadvertent failure to comply with the foregoing shall not be deemed to be a breach of this Agreement, provided Company shall use reasonable efforts to cure any such failure on a prospective basis, promptly after Company’s receipt of written notice of said failure. 6. Representations, Warranties And Indemnification. a. Writer represents and warrants that: i. Writer’s Services will be rendered using Writer’s best efforts in accordance with professional practices in a competent and professional manner; ii. Writer’s Services and the Screenplay shall be wholly original and none of the same has been or shall be copied from or based upon any other work. The reproduction, exhibition, or any use thereof or any of the rights granted herein shall not defame any person or entity nor violate any copyright, trademark, patent, trade secret or right of privacy or publicity, or any other right of any person or entity; iii. Writer is sole author of the Screenplay. Except as provided herein, no rights in the Screenplay have been granted to others or impaired by Writer. Except as provided herein, no part of the Screenplay has been registered for copyright, published, or otherwise exploited or agreed to be published or otherwise exploited. Writer does not know of any pending or threatened claim or litigation in connection with the Property or the rights herein granted; iv. Writer has disclosed to Company any and all other obligations, arrangements, agreements or interests of Writer that may constitute or give rise to an actual or apparent conflict of interest on the part of Writer given the nature and terms of this Agreement; and v. Writer is free to enter into this Agreement and no rights of any third parties are or will be violated by Writer entering into or performing this Agreement. Writer is not subject to any conflicting obligation or any disability, and Writer has not made and shall not hereafter make any agreement with any third party, which could interfere with the rights granted to Company hereunder or the full performance of Writer's obligation and services hereunder. b. Writer shall indemnify and hold harmless Company (and its affiliated companies, successors, assigns, and the directors, officers, employees, agents, and representatives of the foregoing) from any damage, loss, liability, cost, penalty, guild fee or award, or expense of any © Copyright 2013 Docstoc Inc. 4 kind (including attorney's fees) arising out of, resulting from, based upon or incurred because of a breach by Writer of any agreement, representation, or warranty made by Writer hereunder. c. Company agrees to indemnify Writer and hold Writer harmless from and against any and all damages and expenses arising out of any third party claim against Writer resulting from Company's development, production, distribution and/or exploitation of the Motion Picture, provided that such claims are not specifically related to a breach by Writer of any agreement, representation, or warranty made by Writer hereunder. 7. No Injunctive Relief. The sole right of Writer as to any breach or alleged breach hereunder by Company shall be the recovery of money damages, if any, and the rights herein granted by Writer shall not terminate by reason of such breach. In no event may Writer obtain injunctive relief or other equitable relief with respect to any breach of Company's obligations hereunder. 8. Miscellaneous. a. This Agreement (including Schedule “A” attached hereto) constitutes the entire agreement between the parties and supersedes any and all prior written or oral promises or representations concerning the subject matter hereof. b. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. c. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. d. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Company may freely assign or transfer this Agreement or Company’s rights or duties hereunder to its licensees, designees, assigns and successors. Writer may not assign or transfer this Agreement or Writer’s rights or duties hereunder without the prior written consent of Company. e. All notices, consents and other communications hereunder shall be made in writing, by mail or courier, with verified receipt, to the addressees indicated above. Any party may change its address for service from time to time by notice given in accordance with the foregoing. f. No failure by either party to pursue any remedy resulting from a breach of any provision of this Agreement by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party. g. Any prevention of or delay in either party’s performance hereunder due to labor disputes, acts of God, governmental restrictions, enemy or hostile governmental action, fire or © Copyright 2013 Docstoc Inc. 5 other casualty or other causes beyond such party’s control shall excuse such party’s performance of its obligations hereunder for a period equal to the duration of any such prevention or delay. h. This Agreement shall be governed in accordance with the laws of the State of __________ [Instructions: Insert State], applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the Federal or State courts located in the County of __________ [Instructions: Insert County], State of __________ [Instructions: Insert State]. i. Writer acknowledges that Writer has read and understands the Agreement. Writer specifically acknowledges that Company has advised Attorney to seek independent legal counsel prior to executing this Agreement and Writer has either obtained such independent counsel or has voluntarily elected not to obtain such counsel. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. COMPANY: ______________________________ By: ______________________________ Authorized Signatory WRITER: ______________________________ © Copyright 2013 Docstoc Inc. 6 SCHEDULE A Statement of Work (“SOW”) 1. With respect to each Deliverable required herein, Writer agrees to deliver the applicable Deliverable in by means of __________ [Instruction: Insert Delivery Method] in __________ [Instruction: Insert File format] format to __________ [Instruction: Insert Person at Company who should receive delivery], __________ [Instruction: Insert Address] by no later than the Delivery Date listed herein. 2. Writer shall receive a Commencement Fee on each Deliverable’s applicable Commencement Date and shall receive a Delivery Fee following Company’s acceptance of delivery of the applicable Deliverable on the applicable Delivery Date, all in accordance with following schedule: Deliverable Commencement Commencement Delivery Delivery Fee Date Fee Date _________________ _________ $_________ _________ $_________ [Instruction: Insert what is Instruction: Instruction: Instruction: Instruction: due to be delivered] Insert Insert amount Insert Insert amount [example: story] Commencement due delivery due date] date] _________________ _________ $_________ _________ $_________ [Instruction: Insert what is Instruction: Instruction: Instruction: Instruction: due to be delivered] Insert Insert amount Insert Insert amount [example: first draft] Commencement due delivery due date] date] _________________ _________ $_________ _________ $_________ [Instruction: Insert what is Instruction: Instruction: Instruction: Instruction: due to be delivered] Insert Insert amount Insert Insert amount [example: final draft] Commencement due delivery due date] date] _________________ _________ $_________ _________ $_________ [Instruction: Insert what is Instruction: Instruction: Instruction: Instruction: due to be delivered] Insert Insert amount Insert Insert amount [example: rewrite] Commencement due delivery due date] date] _________________ _________ $_________ _________ $_________ [Instruction: Insert what is Instruction: Instruction: Instruction: Instruction: due to be delivered] Insert Insert amount Insert Insert amount [example: polish] Commencement due delivery due date] date] 3. Writer’s revisions and re-writes may be required by Company and shall be requested by __________ [Instruction: Insert Name of Person], the person who is authorized on behalf of Company to request Writer to perform rewrites of the work. Writer acknowledges and agrees © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7 that Company has ultimate control of the Screenplay and that Company retains the right to make changes to, delete from, add to or modify the Screenplay in any manner that Company may deem desirable. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 8
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