Film Writer Agreement Template for Australia

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Key Requirements PROMPT example:

Film Writer Agreement

"I need a Film Writer Agreement for engaging a screenwriter to create a feature film screenplay, with first draft delivery by March 2025 and including standard revision rounds and Australian territory rights only."

Document background
The Film Writer Agreement serves as the foundational contract between production entities and screenwriters in the Australian film industry. This document is essential when engaging writers for feature films, establishing clear parameters for the creative process, deliverables, and rights management. It encompasses provisions required under Australian law, including specific considerations for copyright assignment, moral rights, and industry-standard payments. The agreement is designed to protect both parties' interests while ensuring compliance with Australian screen industry regulations and practices. It's particularly crucial for establishing clear ownership of intellectual property, defining the scope of writing services, and setting out payment structures that align with industry standards.
Suggested Sections

1. Parties: Identifies the contracting parties - typically the production company/producer and the writer

2. Background: Outlines the context of the agreement, including the project description and parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Engagement and Services: Specifies the writing services to be provided and the scope of work

5. Writer's Obligations: Details the writer's responsibilities, deliverables, and timelines

6. Rights Assignment: Comprehensive assignment of intellectual property rights, including copyright and adaptation rights

7. Moral Rights: Addresses the writer's moral rights under Australian copyright law

8. Fees and Payment: Details the compensation structure, payment schedule, and any additional payments (residuals, royalties)

9. Credit and Attribution: Specifies how the writer will be credited in the film and promotional materials

10. Confidentiality: Obligations regarding confidential information and project details

11. Warranties and Indemnities: Writer's warranties regarding originality and indemnification provisions

12. Termination: Conditions and processes for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Development Process: Used when the agreement includes specific stages of script development and approval processes

2. Rewrites and Polish: Include when the agreement covers potential revision rounds and associated fees

3. Collaboration: Required when multiple writers are involved or if the writer will collaborate with other creative team members

4. Rights Reversion: Include when there's a possibility of rights reverting to the writer under certain conditions

5. Options: Used when the producer wants options on future works or sequels

6. International Rights: Include for projects with potential international distribution

7. Digital and New Media Rights: Add for specific handling of digital platform rights and new media formats

8. Merchandising Rights: Include when the project may generate merchandise opportunities

Suggested Schedules

1. Schedule 1 - Project Description: Detailed description of the film project, including synopsis and treatment

2. Schedule 2 - Delivery Requirements: Specific format, length, and technical requirements for script deliverables

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment amounts, triggers, and dates

4. Schedule 4 - Chain of Title: Documentation of rights ownership and previous agreements

5. Schedule 5 - Credit Requirements: Specific requirements for writer credits in various contexts

6. Appendix A - Style Guide: Format and style requirements for script submissions

7. Appendix B - Development Notes: Initial creative direction and any specific requirements from the producer

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Film and Television

Entertainment

Media Production

Creative Arts

Digital Media

Publishing

Multimedia Entertainment

Streaming Services

Relevant Teams

Legal

Business Affairs

Development

Production

Creative

Rights Management

Contracts Administration

Project Management

Relevant Roles

Screenwriter

Script Coordinator

Story Editor

Creative Producer

Development Executive

Legal Counsel

Rights Manager

Production Manager

Literary Agent

Head of Development

Contract Administrator

Business Affairs Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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