Deal Point Checklist:

Co-Production Agreement (Television Series)

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• Co-Production Agreements

Production Arrangements
• Funding as Pre-Condition
• Approvals
  • Editorial
  • Business
    • format
    • content
    • treatment
    • scripts
    • key creative personnel
      • producers
      • actors
      • writers
      • directors
    • cuts
      • rough
      • fine
      • completed programs
    • production plan
    • schedule
    • budget
    • funding proposals
    • sponsors
    • distribution and ancillary exploitation plans
Pre-Production Activities
• how broad?
  • include Pilot?
• how funded?
Production Financing
• who shall provide funds?
• what fundraising efforts made?
• who administers budget and funds?
• audit rights?
• trust factor?
• as per budget?
Furnishing of Key Personnel
• who provides Executive Producer
• who provides Producer
Budget
• attached to agreement and mutually approved prior to execution
• variations to budget
  • consents and approvals
  • who controls
• drawdown schedule to be mutually approved prior to execution
Administrative Duties
• in accordance with budget and production plan
• who administers
• who receives funds
• who hires non-essential personnel
• who provides office facilities
• who executes agreements with third parties
  • production agreements
  • financing agreements
  • broadcast agreements
  • distribution agreements
• who prepares financial reports
• who is responsible for insurance
  • workers compensation
  • liability
  • medical
• who is responsible for tax payments
  • withholding
  • Social Security
  • other Federal, State and Local
Distribution
• who arranges
• approvals
• which markets
• which ancillaries
Term of Agreement
• terminate unless funds obtained
• Step Deal
  • continues if part of budget raised
  • ends if next level not raised
• who retains or obtains rights if funds not raised
Ownership
• percentages of ownership of each party?
• who had original concept and idea?
• license of idea and joint ownership of final product?
Credits
• who approves
• individual/joint
• first position
• presentation credits
• "created by"
• "story by"
• "teleplay by" (if written by one of the parties)
Additional Fees
• creator
• executive producer
• producer
• story by/created by
Profits
• percentages of each party
• how long
• definition of net profits
Accountings
• which party responsible
• how often
• bank accounts
  • interest bearing
  • joint
  • how many signatures required
• audit rights of other party
Which State Law to Apply
• arbitration for disputes?
Addresses for notices
• include courtesy copy to attorney
Out-of Pocket Expenses
• Recouped from financing
• Recouped from net profits