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Screenplay Co-Ownership Agreement
- Term
- Length of Agreement
- For a period of years?
- The life of the copyright?
- In perpetuity?
- Ownership
- How will the property be owned (jointly?)?
- Will any rights be held back by any party?
- Assignments
- Will any one party have to assign any rights to the other?
- Exploitation Rights
- Will any or all of the parties have the right to exploit
the screenplay?
- Approvals
- Will agreements regarding exploitation require unanimous
approval?
- If more than two parties, a majority?
- Can any one party bind the others, but be required to
account to the others for money?
- Credits
- Joint or sole credit?
- "Story By" credit for any one party?
- Who is in first position on the cards?
- Separate Card?
- Death or Incapacity of any Party
- Can the estate or Guardian/Conservator have any say in
exploitation, or does surviving party control all exploitation subject
only to a duty to account to the estate or representative?
- Will credits be altered in the event of death?
- Assignment of Proceeds
- May any party assign proceeds to someone else (gift,
debt, etc.)?
- Will consent be required if a party does so?
- Sequels and Remakes
- What if one party wishes to create a sequel or remake?
- Must he notify the others?
- Must he account?
- Warranties
- Is title clear?
- Are there any prior liens or encumbrances on the Screenplay?
- Is there any chance that the screenplay may violate the
right of privacy, publicity, violate law, or constitute a libel against
anyone?
- Fees, Expenses and Profits
- How will proceeds be split? Will costs be reimbursed?
- What kind of costs?
- What kind of records and back up will be required?
- What about audit and inspection rights?
- Accountings
- How will proceeds be paid?
- By separate checks to each party?
- By third party escrow?
- If one party receives proceeds that belong to both,
how soon must he turn over the funds?
- Audits, statements, etc..
- What additional documents need to be signed?
- Assignments
- Can either party assign his rights and obligations under
the contract?
- Relationship of the Parties
- Partnership?
- Joint Venture?
- Independent Contractors?
- Confidentiality
- Should the agreement and its terms remain confidential?
- May any party make an announcement to the trades?
- Exclusivity
- Can either party work on other projects or must he only work
on this project?
- How much time must be devoted to this project.
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