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This is a sample of our (approximately) 8 page long Television Agreements notes, which we sell as part of the Media Law Notes collection, a 70-80% package written at Multiple Institutions in 2013 that contains (approximately) 79 page of notes across 9 different document.
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Television Agreements
1) What are the four main types of television agreement?
1) Option and Assignment Agreement
2) Writer's agreement
3) Production, Finance and Distribution Agreement
4) A separate Distribution Agreement
What is it?
Used to acquire rights in an underlying work (existing work) and gain exclusivity over that story while the production company seeks finance
Who is it between?
The production company and the original writer of the story
What is it?
Used where a writer is developing a new story / original script or adapting an old story
Who is it between?
The production company and a writer
What is it?
Used to govern all aspects of the development of the film itself from production to exploitation
Who is it between?
The production company, financiers, distributors
What is it?
Used to distribute the film locally and globally
Who is it between?
The production company, financiers, distributors
2) Option and Assignment Agreement - Key Terms
1) The duration of the option period
Normally a fixed period up to 24 months with one extension exercisable for a period of up to 18 months
2) Definitions
3) The rights to be granted / assigned, reserved and asserted / waived by the copyright owner on exercise of the option
Granted / assigned
*
Full or limited assignment / licence
*
E.g. Film, video, TV and character merchandising rights throughout the world
*
Whether the assignment includes subsequent films including sequels, prequels, remakes and spin-offs
Reserved
*
E.g. book rights, theatre and radio
Asserted / waived
*
Moral rights including: a) Identification as original author (s.77 CDPA) b) Not to be object to derogatory treatment (s.80 CDPA) 4) Option price payable (the price paid to purchase the option ? Normally 10% of full price)
5) Exercise of Option fee (the full price payable on exercise of the option)
a) On exercise of the option, the rights in the underlying work stay with the writer (e.g. in the book) but the rights needed to make the film are assigned
6) The mechanism for exercising the option
b) If the option is not exercised or the film is not made, parties will have a 'turnaround' provision so the rights revert back to the writer
7) Provision for credits in the final production ("written by")
8) Turnaround provisions
Whereby if the option is not exercised within a specified period, all the rights subject to the option revert back to the writer
9) A copy of the Option Agreement and Assignment to be completed if the option is exercised
10) The warranties as to the IP rights by the owner
a) That the owner owns all the rights in the work
b) That the owner can validly assign these rights to the producer
11) An indemnity given by the Writer for any breach of the Warranties
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