WRITER’S AGREEMENT AND EXERCISE OF OPTION:
This Agreement dated xxx
Parties to this agreement:
(1) xxx of xxx (hereafter “the Company”); AND
(2) xxx, of xxx
(hereafter “the Writer”)
In connection with the motion picture entitled ‘xxx’ (hereafter “the film”)
Recitals:
(a) The Writer is the named author and owner of screenplay rights in the original screenplay entitled xxx (“the
screenplay”)
(b) The Company intends to produce a feature film wholly or substantially based on the screenplay
(c) The Writer hereby grants to the Company, by assignment of copyright, the right to produce a Film based on the
Screenplay, in accordance with the terms of this agreement.
The parties have agreed as follows:
In this agreement these words and expressions shall have the following meaning:
“the Act”
the Copyright Designs and Patents Act 1988 as amended
“net profits”
shall be computed and determined in accordance with the
definition contained in the distribution agreement(s) for the
film, and is the amount received and retained by the
Company from the proceeds of sales and distribution of the film after contractual
third party deductions.
“producer’s net profits”
shall mean the proceeds of sales and distribution of the film, received and
retained by the Company, after contractual third party deductions and after the
investors have recouped their investment of xxx in the production of the film in
accordance with their investment agreements, and after all and any deferred fee
participants have received payment of deferred fees in accordance with their
agreements for participation in the film.
“screenplay”
includes all or any treatments, scripts, notes, contributions,
made by the Writer and any other person(s) under his
direction.
“Completion of the Film”
Date at which film deliverables are received by designated Sales Agent.
1. OPTION:
1.1 In consideration of the fee of xxx, receipt of which is hereby acknowledged, the Company confirms that it has
optioned the Screenplay and intends to exercise this option for the production of the Film. The Writer
acknowledges that this payment is full and final remuneration for use of the Screenplay rights for the Film and the
right to assign same rights to the Company’s successors, licencees and assignees, without limitation or further
remuneration.
1.2 The Writer reserves the Reserved Rights. “Reserved Rights” shall mean the following rights as customarily
understood in the film industry: sequel, prequel, remake, stage, radio and novelisation.
2.
WRITER’S SERVICES, ASSIGNMENT AND FEES:
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
2.1 The Writer acknowledges and agrees that the exercise of the option referred to herein shall constitute a complete
‘work for hire’ buyout of all uses in all media (whether now invented or devised in the future), throughout the world
in perpetuity (excluding the Reserved Rights) and is full satisfaction for the exploitation of the Screenplay or any
rights created therein and assigned herein.
2.2 The Writer hereby, as legal owner, assigns to the Company with full title guarantee, his entire copyright and all
other rights, title and interest in and to the Screenplay, for the Company to hold the same absolutely throughout
the world, for the full period of copyright and any extensions and renewals, for all media (whether now existing or
devised in the future). This includes an assignment, irrevocably, of all lending, rental and broadcast rights.
2.3 The Writer irrevocably waives, pursuant to section 87 of the Act, unconditionally irrevocably and in perpetuity
throughout the whole world, all rights in the Screenplay granted by sections 77 to 85 of the Act and all similar
rights in and to the Screenplay and the products of the Writer’s services hereunder throughout the World, in all
media (whether now existing or devised in the future), save that the Writer hereby asserts his right to be identified
an author of the Screenplay.
2.4 The Writer shall be entitled to a 2% (two percent) share of the Producer’s Net Profits of the film. Producer’s Net
Profits shall be calculated in accordance with the Company’s other contractual commitments for the dispersion of
Net Profit receipts to any other participants entitled to a share of such Producer’s Net Profits of the Film. The
Company’s liaibility to pay a share of Producer’s Net Profits to the Writer under this clause shall cease 5 (five)
years from the date of Completion of the Film, regardless of whether any revenues have been paid in whole, in
part, or not at all to the Writer by such date.
2.5 Producer’s Net Profits are to be calculated and reported to the Writer on an annual basis, as part of the
Company’s normal accounts, in regards to clauses 2.4 and 2.5 above. All Producer’s Net Profits liability to the
Writer shall cease after 5 (five) years from the date of Completion of the Film, as defined herein.
2.6 Any Payments made under this clause are inclusive of VAT.
2.7 The Writer shall be considered an independent contractor for the purposes of sums paid to him under clause 2,
and he shall be personally responsible for all taxes and national insurance requirements arising out of his
payment under clause 2.
2.8 The Company shall not be liable for any losses caused by the fluctuation of currency exchange rates, in regard of
payments received from the sales and distribution of the film.
2.9 Notwithstanding anything herein to the contrary, the Company shall not be liable to the Writer for payment under
clause 2 until the Company has actually received such money due from third parties into its designated bank
account.
3.
WRITER’S WARRANTIES:
The Writer warrants to the Company that:
3.1 He is free to enter into this agreement and is not under any obligation inconsistent with the provisions of this
agreement, or in respect of any third party.
3.2 He is the author of the products of his services hereunder, which are original to him, and will not, to the best of his
knowledge and belief (having made due and diligent enquiry) infringe the copyright or any other right of any third
party.
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
3.3 The rights hereby assigned are vested in the Writer absolutely, and the Writer has not previously granted,
assigned, licensed, charged, or in any way dealt with or encumbered the same, and the Writer has good title and full
right and authority to enter into this agreement.
3.4 To the best of the Writer’s knowledge and belief (having made due and diligent enquiry), the Screenplay does not
contain any libellous or defamatory or obscene or blasphemous material that would give rise to any legal action in the
civil or criminal courts of England and Wales, nor does it in any third party a right of action or claim for damages
against the Company.
3.5 The Writer is not aware of any legal proceedings or threat of any legal proceedings, or any claim by any third
party alleging that anything contained in the Screenplay or the Film, or the products of the Writer’s services
hereunder, infringes the rights(whether of copyright or otherwise) of any third party, or otherwise alleging
inconsistency in any manner with any of the warranties on the part of the Writer herein contained.
3.6 Copyright in the products of the Writer’s services subsists and the Writer will do all in his power to maintain the
entire copyright in the same for the full period thereof, including all renewals, reversions, revivals and extensions
thereof.
3.7 The Writer will indemnify the Company against all actions and proceedings against the Company that may arise in
consequence of the breach or non-observance of any of the Writer’s warranties herein.
4.
WRITER’S OBLIGATIONS:
The Writer agrees to:
4.1 Not to incur any legal or financial liability on the Company’s behalf, without the Company’s prior written consent.
4.2 Not make any statement or publish anything that would bring the Company or its assignees into disrepute.
4.3 Do all such further acts and deeds as the Company may require in order to vest in its assignees, licensees, or
successors in title, any copyright or other rights intended to be assigned to the Company hereunder. The Writer
hereby irrevocably and unconditionally appoints the Company as his representative to execute and delivery any
assurances necessary ro vest any such rights.
4.4 To co-operate in good faith with the Company and its assignees, including undertaking press and publicity
activities for the promotion of the Film, at the request of the Company and its assignees.
5.
CREDIT:
5.1 The Writer shall be entitled to an on-screen credit on the film, in the following form, in such style and position as
the Company shall require, to be in keeping with the style and position of other credits on the Film:
Written by xxx
5.2 Subject to any necessary exclusions or restrictions of any distributor, exhibitor, or licensee, the Writer shall be entitled
to the same credit, as in 5.1, in the billing block on the DVD cover, and all major paid advertising and publicity for the
Film.
5.3 In respect of 5.2, the Company and its assignees shall not be liable for any casual or inadvertent failure to give credit
to the Writer in accordance with its obligations hereunder, nor for the failure or default of any third party to accord
credit in accordance with 5.2, but the Company shall as soon as reasonably practicable make such efforts to remedy
any breach of 5.2, where it has the power to do so, but without incurring any legal or other expenses to do so.
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
5.4 The Writer hereby irrevocably and unconditionally grants to the Company, and its assignees, throughout the world, in
perpetuity, the right to use the director’s name, image, likeness, voice, biography, and the products of the Writer’s
services hereunder, for any purposes in relation to the promotion and/or distribution of the Film.
6. COMPANY’S NON-LIABILITY:
The Company shall not be liable in respect of:
6.1 Any claim for loss of publicity or opportunity to enhance the Writer’s reputation.
6.2 Any loss or damage of the Writer’s personal effects or other property.
6.3 The death or injury of the Writer, except where caused by the negligence of the Company.
7. SUSPENSION and TERMINATION:
7.1 The Company shall have the right to suspend or terminate this agreement for any material breach by the Writer of
his warranties and obligations contained herein. The Writer shall have the right to suspend or terminate this
agreement for any material breach by the Company of its warranties and obligations contained herein.
7.2 Notice of suspension or termination must be given in writing to the other party with 30 days notice of the intended
action.
7.3 Suspension or termination action may only be taken with good reason in good faith, and where any breach
leading to such required action is incapable of remedy within a reasonable period of time.
7.4 Suspension or termination of this agreement shall in no circumstances prevent or injunct the exploitation and/or
distribution of the Film, and shall not affect any third party assignees enaged in the Distribution and/or promotion
of the Film.
7.5 In the case of suspension or termination, the Company shall remain entitled to hold all rights assigned hereunder,
provided that remuneration shall continue to be due to the Writer herein, in such instance.
8.
WAIVERS, AMENDMENTS, RESCISSION:
8.1 Either party may decide by mutual agreement to waive, amend, or replace any term or condition of this
agreement, provided that such action is made with 30 days written notice to the other party and that the other
party’s written agreement to such action is obtained.
8.2 If any provision of this agreement shall be judged by a competent court to be void or unenforceable, such
provision shall in no way affect any other provision of this agreement, nor shall it make the entire agreement
invalid or unenforceable.
8.3 The Writer agrees that, in the event of any breach by the Company of any of the terms of this Agreement, the Writer’s
only remedy shall be an action at law for damages suffered, if any. In no event shall the Writer be entitled to rescind
this agreement, or to receive injunctive or other equitable relief or to restrain or otherwise interfere with the
distribution, exhibition, advertising, or other exploitation or promotion of the Film, or of any rights granted hereunder.
9.
NOTICES:
9.1 All notices to be given hereunder shall be addressed to the respective party at the address specified at the head
of this agreement, unless otherwise expressly stated in writing.
9.2 All notices shall be in writing and shall be delivered either by hand, or by first class post, or by email or fax, and
deemed to have been delivered on the date they are sent, or the next Business Day where the sending is outside
of Business Hours, provided that evidence of such sending is retained by the sending party.
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
10. ASSIGNMENT:
10.1
The Company shall be entitled to assign any parts of this agreement to any third party connected with the
distribution and promotion of the Film, provided that, the Company may only assign the benefits and not the burdens
of this agreement, and the Company shall be responsible to the Writer for its obligations hereunder.
10.2
This Agreement is governed by the laws of England and Wales.
10.3
This Agreement embodies all the terms agreed between the parties with respect to the matters to which
this agreement relates, and this agreement supersedes any previous agreements between the parties with respect to
such matter, and no oral or other written representations, warranties, or promises shall be implied as terms of this
agreement, except by future amendment or modification of this agreement by mutual agreement of both parties.
SIGNED by : a company director of xxx
Date:
SIGNED by xxx (Writer):
Date:
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.