Here's
a very simple collaboration agreement - no legal advice
or claims are intended or implied. You can use the method at
WPWin 6.1 Tips to copy and modify the
text in your word processing program. [Webmaster:
Alan C. Baird]
[Screenwright(R)] [Books]
[Links]
COLLABORATION
AGREEMENT
As of ________, 1997
Re:
Draft Screenplay "_______"
AGREEMENT
made at Los Angeles, California, by and between
YYYYY ("YYY") and ZZZZZ ("ZZZ"), hereinafter sometimes referred to
collectively as the "Parties" and individually as "Party".
The
Parties have written in collaboration a draft screenplay, hereinafter
referred to as the "Screenplay," and are desirous of establishing all
their rights and obligations in and to said Screenplay.
NOW,
THEREFORE, in consideration of the execution of this Agreement, and
the undertakings of the Parties as hereinafter set forth, it is agreed as
follows:
1. The
Parties have collaborated in the writing of the Screenplay, and YYY shall
own __% and ZZZ shall own __% of the actual revenues derived from
the disposition of the Screenplay itself, subject to the terms contained
herein. The Screenplay shall not be sold for less than $100,000.00, not
including revenues received for the story or any subsequent rewrites
and drafts.
2. Upon
completion of the Screenplay, it shall be registered with The Writers
Guild of America, west, Inc. ("the WGAw"), as a collaborative work
of the Parties. The copyright of the Screenplay, however, will be
retained by ZZZ only, and it shall be registered for copyright in the
name of ZZZ only. For said purposes and in connection therewith,
YYY shall assign all of his right, title and interest in the Screenplay
to ZZZ in perpetuity.
3. YYY
agrees than ZZZ shall have the sole right to dispose of the Screenplay
and all underlying rights in connection therewith on terms to be
negotiated by ZZZ and his representatives in their sole discretion,
subject to the following provisions:
(a) Any
contract for the sale or other disposition of the Screenplay shall require,
subject to the rules of the WGAw, that the screenplay credit be given
to the Parties in the following manner:
Written
by YYYYY & ZZZZZ
(b) The
aggregate commission for the sale or other disposition of the
Screenplay shall be limited to ten percent (10%).
4. In
any contract entered into with a third party for the option or sale of the
Screenplay, the negotiating Party(ies) shall endeavor to include a
provision that the expenses which have been or shall be incurred by
either of them in connection with the writing, registration, contest entry,
sale or other disposition of the Screenplay shall be reimbursed;
provided that in no event will these expenses be reimbursed to either
Party for more than $2,500.00.
5. All
money or other things of value derived from the sale or other disposition
of the Screenplay shall be applied as follows:
(a) in
payment of commissions, if any.
(b) in
payment of any bona fide expenses or reimbursement of either Party
for expenses paid in connection with the Screenplay as set forth
above.
(c) to
the Parties in the proportion of their ownership.
6. All
rewriting of the Screenplay will be done by ZZZ, and all revenues
therefrom will be paid to him.
7. Each Party
represents and warrants to the other Party that:
(a) s/he
has not done and will not do any act which is inconsistent with or in
conflict with this Agreement or any of the rights of the Parties
hereunder.
(b) all
of their respective material is and shall be wholly original with the
respective Party and will not violate or infringe upon any right of any
third party including, without limitation, any copyright, right of privacy
or publicity, or right to be free from libel or slander.
8. Each
Party shall defend, indemnify and hold harmless the other Party, their
successors, licensees and assigns from and against all claims,
liabilities actions or causes of action, judgments, recoveries, damages,
costs and expenses (including attorneys' fees) arising out of or in
connection with any breach or alleged breach of any of his/her
representations, warranties, covenants or agreements herein or any
use, exploitation or dissemination of his/her material.
9. This
Agreement shall be governed by, construed and enforced under the laws
of the State of California, and suit may be brought in connection with this
Agreement only in the State or Federal courts located in the State of
California. If for any reason any provision of this Agreement is adjudged
by a court to be unenforceable, such adjudication shall in no way affect
any other provision of this Agreement or the validity or enforcement of the
remainder of this Agreement, and the affected provision shall be modified
or curtailed only to the extent necessary to bring it into compliance with
applicable law. This Agreement expresses the entire understanding
between the Parties, and supersedes any previous agreement, whether
written or oral, between the Parties. This Agreement may be modified
or amended only by a writing signed by the Party to be charged with
said modification or amendment. Both Parties agree to execute any
documents which may be reasonably required in order to confirm the
rights granted hereunder.
10. All
notices, payments and correspondence that any Party hereto is required,
or may desire, to serve upon any other Party hereto may be served by
delivering same to the Party personally or by depositing the same in the
mail, air mail postage prepaid, or by sending the same, toll prepaid, by
telegraph or cable, addressed as follows:
If to
YYY:
YYYYY
________
________
________
If
to
ZZZ:
ZZZZZ
________
________
________
or
to such other addresses as the Parties may hereafter designate in writing.
The date of such personal delivery, mailing or telegraphing shall be the
date of the giving of such notice.
11. This
Agreement shall be executed in sufficient number of copies so that one
fully executed copy may be, and shall be, delivered to each Party and to
the WGAw. If any disputes shall arise concerning the interpretation or
application of this Agreement, or the rights or liabilities of the Parties
arising hereunder, such dispute shall be submitted to the WGAw for
arbitration in accordance with the arbitration procedures of the WGAw,
and the determination of the WGAw's arbitration committee as to all
such matters shall be conclusive and binding upon the
Parties.
ACCEPTED AND
AGREED:
_______________________
YYYYY
_______________________
ZZZZZ