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- 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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Los Angeles
2029 Century Park East
Suite 1040
Los Angeles, CA
90067-2911
Phone: (310) 553-1600
Fax: (323) 878-0226
saleman@movielaw.net |
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Austin
100 Congress Ave.
11th Floor
Austin, TX 78701-4099
Phone: (512) 263-5932
Fax: (512) 263-5929
saleman@movielaw.net |
|
Dallas
8235 Douglas Avenue
Suite 1111
Dallas, TX 75225
Tollfree: (888) 222-8959
Fax: (512) 263-5929
saleman@movielaw.net |
|
Nashville
Of Counsel, Paul T. Nowak, Jr
133 Holiday Court
Suite 208
Franklin (Nashville), Tennessee 37067
Tollfree: (888) 222-8959
Fax: (615) 790-1617 |
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