This Deal Point Checklist is designed to highlight areas of importance when entering into a Screenplay Co-Ownership Agreement. 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 (Screenplay-Co-Ownership-Agreement.docx
) and use this checklist when negotiating a Screenplay Co-Ownership Agreement 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.
- Term
- Length of Agreement
- How long will the agreement last?
- 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 if a shared card?
- Separate Card for each owner?
- 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 by other owner(s) if a party does so?
- Sequels and Remakes
- What if one party wishes to create a sequel or remake?
- Must the other owners be notified?
- Must he/she 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?
- 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/she turn over the funds?
- Audits, statements, etc..
- What additional documents need to be signed?
- Assignment of Copyright?
- Relationship of the Parties
- Is this a 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?