Here's a very simple collaboration agreement - no legal advice or claims are intended or implied. You can use the method at WPWin 6.1 Tips to copy and modify the text in your word processing program. [Webmaster: Alan C. Baird] [Screenwright(R)] [Books] [Links]

COLLABORATION AGREEMENT

As of ________, 1997

Re: Draft Screenplay "_______"

AGREEMENT made at Los Angeles, California, by and between YYYYY ("YYY") and ZZZZZ ("ZZZ"), hereinafter sometimes referred to collectively as the "Parties" and individually as "Party".

The Parties have written in collaboration a draft screenplay, hereinafter referred to as the "Screenplay," and are desirous of establishing all their rights and obligations in and to said Screenplay.

NOW, THEREFORE, in consideration of the execution of this Agreement, and the undertakings of the Parties as hereinafter set forth, it is agreed as follows:

1. The Parties have collaborated in the writing of the Screenplay, and YYY shall own __% and ZZZ shall own __% of the actual revenues derived from the disposition of the Screenplay itself, subject to the terms contained herein. The Screenplay shall not be sold for less than $100,000.00, not including revenues received for the story or any subsequent rewrites and drafts.

2. Upon completion of the Screenplay, it shall be registered with The Writers Guild of America, west, Inc. ("the WGAw"), as a collaborative work of the Parties. The copyright of the Screenplay, however, will be retained by ZZZ only, and it shall be registered for copyright in the name of ZZZ only. For said purposes and in connection therewith, YYY shall assign all of his right, title and interest in the Screenplay to ZZZ in perpetuity.

3. YYY agrees than ZZZ shall have the sole right to dispose of the Screenplay and all underlying rights in connection therewith on terms to be negotiated by ZZZ and his representatives in their sole discretion, subject to the following provisions:

(a) Any contract for the sale or other disposition of the Screenplay shall require, subject to the rules of the WGAw, that the screenplay credit be given to the Parties in the following manner:

Written by YYYYY & ZZZZZ

(b) The aggregate commission for the sale or other disposition of the Screenplay shall be limited to ten percent (10%).

4. In any contract entered into with a third party for the option or sale of the Screenplay, the negotiating Party(ies) shall endeavor to include a provision that the expenses which have been or shall be incurred by either of them in connection with the writing, registration, contest entry, sale or other disposition of the Screenplay shall be reimbursed; provided that in no event will these expenses be reimbursed to either Party for more than $2,500.00.

5. All money or other things of value derived from the sale or other disposition of the Screenplay shall be applied as follows:

(a) in payment of commissions, if any.

(b) in payment of any bona fide expenses or reimbursement of either Party for expenses paid in connection with the Screenplay as set forth above.

(c) to the Parties in the proportion of their ownership.

6. All rewriting of the Screenplay will be done by ZZZ, and all revenues therefrom will be paid to him.

7. Each Party represents and warrants to the other Party that:

(a) s/he has not done and will not do any act which is inconsistent with or in conflict with this Agreement or any of the rights of the Parties hereunder.

(b) all of their respective material is and shall be wholly original with the respective Party and will not violate or infringe upon any right of any third party including, without limitation, any copyright, right of privacy or publicity, or right to be free from libel or slander.

8. Each Party shall defend, indemnify and hold harmless the other Party, their successors, licensees and assigns from and against all claims, liabilities actions or causes of action, judgments, recoveries, damages, costs and expenses (including attorneys' fees) arising out of or in connection with any breach or alleged breach of any of his/her representations, warranties, covenants or agreements herein or any use, exploitation or dissemination of his/her material.

9. This Agreement shall be governed by, construed and enforced under the laws of the State of California, and suit may be brought in connection with this Agreement only in the State or Federal courts located in the State of California. If for any reason any provision of this Agreement is adjudged by a court to be unenforceable, such adjudication shall in no way affect any other provision of this Agreement or the validity or enforcement of the remainder of this Agreement, and the affected provision shall be modified or curtailed only to the extent necessary to bring it into compliance with applicable law. This Agreement expresses the entire understanding between the Parties, and supersedes any previous agreement, whether written or oral, between the Parties. This Agreement may be modified or amended only by a writing signed by the Party to be charged with said modification or amendment. Both Parties agree to execute any documents which may be reasonably required in order to confirm the rights granted hereunder.

10. All notices, payments and correspondence that any Party hereto is required, or may desire, to serve upon any other Party hereto may be served by delivering same to the Party personally or by depositing the same in the mail, air mail postage prepaid, or by sending the same, toll prepaid, by telegraph or cable, addressed as follows:

If to YYY:

YYYYY
________
________
________

If to ZZZ:

ZZZZZ
________
________
________

or to such other addresses as the Parties may hereafter designate in writing. The date of such personal delivery, mailing or telegraphing shall be the date of the giving of such notice.

11. This Agreement shall be executed in sufficient number of copies so that one fully executed copy may be, and shall be, delivered to each Party and to the WGAw. If any disputes shall arise concerning the interpretation or application of this Agreement, or the rights or liabilities of the Parties arising hereunder, such dispute shall be submitted to the WGAw for arbitration in accordance with the arbitration procedures of the WGAw, and the determination of the WGAw's arbitration committee as to all such matters shall be conclusive and binding upon the Parties.

ACCEPTED AND AGREED:


_______________________
YYYYY


_______________________
ZZZZZ