Collaboration Agreement - Screenplay

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This Collaboration Agreement for a Screenplay is between two parties who desire to work together in writing a screenplay. This form sets out the specific arrangement and includes provisions regarding the subject matter and title, date of completion and ownership of any copyrights. This form is for use in all states and available for immediate download.

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This Collaboration Agreement for a Screenplay is between two parties who desire to join forces in writing a screenplay. This agreement sets forth the specific arrangement between the parties including the title of the work and the contemplated date of completion of the manuscript. It is crucial that this agreement be in writing in the event there are disagreements or misunderstandings between the parties.

This Collaboration Agreement for a Screenplay includes the following provisions:
  • Parties: Sets forth the names and addresses of the parties to the agreement;
  • Screenplay: The subject matter of the screenplay and its title;
  • Completion Date: The contemplated date of completion of the manuscript;
  • Disputes: If there are disputes with respect to the work, the parties may either terminate this agreement or submit the dispute for arbitration as set forth in this agreement;
  • Copyrights: The copyright in the work will be held by both parties;
  • Signatures: Both parties must sign this Collaboration Agreement.

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This attorney-prepared packet contains:
  1. General Information
  2. Collaboration Agreement for Screenplay
State Law Compliance: This form complies with the laws of all states
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#27962
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
COLLABORATION AGREEMENT (SCREENPLAY)
 
 
 
This Agreement between __________________________ (herein called “_________________”) residing at _________________________________, and________________________________ (herein called “____________________”) residing at __________________________________.
 
WITNESSETH:
 
   The parties desire to collaborate in the writing of a screenplay, on the terms hereinafter set forth.
 
NOW THEREFORE, in consideration of the promises and of the mutual undertakings herein contained, and for other good and valuable consideration, the parties agree as follows:
 
1. The parties hereby undertake to collaborate in the writing of a certain original feature-length screenplay (herein called the “Screenplay” or “Work”) dealing with _______________________
____________________________________and provisionally entitled “__________________.
 
2. The parties shall collaborate in the writing of the work and upon completion thereof shall be the joint owners of the work sharing all rights equally.
 
3. The parties contemplate that they will complete the manuscript of the Screenplay by ______________________.  However, failure to complete the screenplay by such date shall not be construed as a breach of this Agreement on the part of either party.
 
4. If, prior to the completion of the work, either party shall voluntarily withdraw from the collaboration, then the other party shall have the right to complete the work alone or in conjunction with another collaborator or collaborators, and in such event the percentage of ownership, as hereinbefore provided in paragraph 2, shall be revised by mutual agreement in writing or, failing such agreement, by arbitration in accordance with the procedures hereinafter prescribed.
 
5. If, prior to the completion of the Work, there shall be a dispute of any kind with respect to the Work, then either party may terminate this Collaboration Agreement by written notice to the other party, and should they fail to agree upon the terms of such termination agreement, they shall submit the dispute for arbitration in accordance with the procedures hereinafter prescribed.
 
6. Any contract for the sale or other disposition of the Work, where the Work has been completed by the Parties in accordance herewith, shall require that the story and writing credits shall be equally shared by the parties, unless the parties agree otherwise.
 
7. Neither party shall sell, or otherwise voluntarily dispose of the Work, or his share therein, without the written consent of the other, which consent, however, shall not be unreasonably withheld.
 
8. Both parties agree that each shall be responsible for their own expenses incurred in the preparation of the Work.
 
9. The parties agree that all income received from the world-wide sale of motion picture and/or television (all markets and media) rights (including but not limited to all sequel, remake and television spin-off rights, novelization, merchandising, play, radio and audio rights) to the screenplay shall be shared equally.
 
10. Should the Work be sold or otherwise disposed of and, as an incident thereto, the Parties be employed to revise the Work, the total compensation provided for in such employment agreement shall be shared equally by the parties.
 
11. If either party shall be unavailable for the purposes of collaborating on such revision, then the Party who is available shall be permitted to do such revision and shall be entitled to the full amount of compensation in connection therewith.
 
12. If either party hereto shall desire to use the Work, or any right therein or with respect thereto, in any venture in which such Party shall have a financial interest, whether direct or indirect, the Party desiring so to do shall notify the other Party of that fact and shall afford such other Party the opportunity to participate in the venture in the proportion of such other Party's interest in the Work. If such other Party shall be unwilling to participate in such venture, the Party shall desiring to proceed therein shall be required to pay such other Party an amount equal to that which such other Party would have received if the Work or right, as the case may be, intended to be so used had been sold to a disinterested person at the price at which the same shall last have been offered, or if it shall not have been offered, at its fair market value which, in the absence of mutual agreement of the Parties, shall be determined by arbitration.
 
13. The copyright in the Work shall be obtained in the names of both parties, and shall be held jointly by them.
 
14. If either party (herein called the First Party) desires to transfer his rights to a third person, he shall give written notice by registered mail to the other party (herein called the Second Party) of his intention to do so.
 
   (a) In such case the Second Party shall have an option for a period of 30 days to purchase the First Party's share at a price and upon such terms indicated in the written notice.
 
   (b) If the Second Party fails to exercise his option in writing within the aforesaid period of 30 days, or if, having exercised it, he fails to complete the purchase upon the terms stated in the notice, the First Party may transfer his rights to the third person at the price and upon the identical terms stated in the notice; and he shall forthwith send to the Second Party a copy of the contract of sale of such rights, with a statement that the transfer has been made.
 
   (c) If the First Party fails for any reason to make such transfer to the third person, and if he desires to make a subsequent transfer to someone else, the Second Party's option shall apply to such proposed subsequent transfer.
 
15. Nothing herein contained shall be construed to create a partnership between the parties.  Their relation shall be one of collaboration on a single work.
 
16. This agreement shall continue for the life of the copyright therein.  
 
17. If either party dies before the completion of the screenplay, the survivor shall have the right to complete the same, to make changes in the text previously prepared, to negotiate and contract for sale or production and for the disposition of any of the subsidiary rights, and generally to act with regard thereto as though he were the sole author, except that (i) the name of the decedent shall always receive credit as agreed herein; and (ii) the survivor shall cause the decedent's share of the proceeds to be paid to his estate, and shall furnish to the estate true copies of all contracts made by the survivor pertaining to the Work.
 
18. If either party dies after the completion of the screenplay, the survivor shall have the right to negotiate and contract for sale and/or production (if not theretofore arranged) and for the disposition of any of the subsidiary rights, to make revisions in any subsequent drafts, and generally to act with regard thereto as if he were the sole author, subject only to the conditions set forth in subdivisions (a) and (b) of clause 14.
 
19. Arbitration and Jurisdiction:  This Agreement shall be interpreted in accordance with the laws of the State of ____________, applicable to agreements executed and to be wholly performed therein. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of the Independent Film & Television Alliance (IFTA), said rules may be amended from time to time with rights of discovery if requested by the arbitrator. Such rules and procedures are incorporated and made a part of this Agreement by reference. If IFTA shall refuse to accept jurisdiction of such dispute, then the parties agree to arbitrate such matter before and in accordance with the rules of the American Arbitration Association under its jurisdiction in _________________ before a single arbitrator familiar with entertainment law. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys fees and expenses. The arbitration will be held in __________ and any award shall be final, binding and non-appealable. The Parties agree to accept service of process in accordance with the IFTA Rules.
 
20. This agreement shall inure to the benefit of, and shall be binding upon, the executors, administrators and assigns of the parties.
 
21. This agreement constitutes the entire understanding of the parties.
 
22. If any provision of this Agreement or the application thereof to any Person or circumstance shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
 
 IN WITNESS WHEREOF, the parties hereunto set their respective hand and seal this ____________ day of ______________, 20__.
 
 
 
 
___________________________
Name of Party
 
 
 
___________________________
Name of Party
 
 
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