This Deal Point Checklist is designed to highlight areas of importance when entering into a Co-Production Agreement for your Television Series. Attorney Michael Norman Saleman offers these Deal Point Checklists as a courtesy to users of this website. Contact Mr. Saleman if you need help with any of your project’s legal documentation.
Download (Co-Production-Agreement-Television-Series.docx
) and use this checklist when negotiating a Co-Production Agreement Television Series to assist you in reaching an agreement on major deal points. Return this Word document with the details to facilitate the drafting of your 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?
- how broad?
- Production Financing
- who shall provide funds?
- what fundraising efforts made?
- Who administers budget and funds?
- audit rights?
- 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 insurance
- medical insurance
- Distribution
- who arranges
- approvals
- which markets
- which networks or broadcasters
- 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 (if not determined by network/broadcaster)
- 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
- Profits
- percentages of each party
- definition of net profits
- Accountings
- which party responsible
- how often
- bank accounts
- interest bearing
- joint
- how many signatures required
- audit rights of other party
- Out-of Pocket Expenses
- Recouped from financing
- Recouped from net profits