Agreement with Writer to Write for Television Series
Agreement made on the _______________ (date), between ________________
(Name of Writer) of _____________________________________________________
_____________________ (street address, city, state, zip code) , referred to herein as
Writer , and __________________________ (Name of Production Company), a
corporation organized and existing under the laws of the state of ______________, with
its principal office located at _______________________________________________
_________________________ (street address, city, state, zip code) , referred to
herein as Company.
Company hereby employs Writer and Writer accepts such employment to write
scripts for a television Show (the Show) known as ________________________ (name
of Show) , under the terms and conditions set forth below:
1. Use of Scripts The scripts for the Show may be used for the advertisement or promotion of any
products in (designate geographic area) _______________________________, and
the dialogue may be in English or in any foreign language.
2. Delivery of Scripts
Writer shall deliver scripts suitable for a _____________ (broadcast or telecast)
of _______ (number) episodes each week during the term of this Agreement, and each
episode shall last approximately _______ (number) minutes, except as otherwise
designated by Company.
3. Time of Delivery Writer shall furnish and deliver scripts so that Company shall be in possession of
them not less than _____ (number) weeks prior to the beginning of the week in which
they are scheduled to be broadcast.
4. Synopsis of Future Shows Writer shall furnish and deliver to Company on the _________ (first) day of each
month a brief synopsis of the action to take place in the Show during the next following
month.
5. Duties of Writer Writer shall prepare and write such scripts and synopses in a competent manner
to the best of literary ability. Company shall have the right to make or suggest changes
in any of the scripts or synopses submitted by Writer.
6. Date of Performance
The date of the first scheduled ___________ (broadcast or telecast) under this
Agreement shall be _______________ (date). This Agreement shall be for a term of
_______ (number) consecutive weeks, commencing on _____________ (date), and
ending on ________________ (date). Company shall have the right to terminate this
Agreement as of ______________ (date), and subsequently, at the end of any (specify
time period or cycle) _________________, upon giving ______ (number) days'
written notice to Writer. When Company seeks to terminate the Agreement pursuant to
this provision at the end of any (e.g., time period or cycle) ______________________
in which a suspension period pursuant to Section 14 ends, the notice of termination
shall be given no later than _________________ (time period) before the date of the
beginning of the suspension period. Company may adjust the cycles of this Agreement
to coincide with those of the broadcasting facilities contracts, provided no one
adjustment alters the termination date of any one cycle of this Agreement by more than
one week.
7. Breach of Contract; Failure of Performance A. If Writer at any time commits a breach of any provision of this Agreement,
or at any time fails or refuses to deliver any script or scripts under this
Agreement, or if Writer delivers an unsatisfactory script and fails or refuses to
furnish another script which is satisfactory, Company, in addition to other legal
and equitable remedies, may immediately terminate this Agreement.
B. If the failure of Writer to deliver scripts is due to illness, injury, or accident,
Company may not terminate this Agreement and may engage only a temporary
substitute Writer. However, if such illness, injury, or accident continues for
______ (number) or more consecutive _______________ (broadcasts or
telecasts) , Company may terminate this Agreement on _____ (number) days
notice.
C. It is understood that the services of Writer are special, unique, unusual,
extraordinary, and of an intellectual character, giving them such peculiar value,
that Company in the event of such breach by Writer shall be entitled, in addition
to any other remedies that Company may have, to equitable relief by way of
injunction.
8. Content and Use of Script Company shall be under no obligation to cause the content of the scripts of
Writer to be ________________ (broadcast or telecast) or otherwise to use such
scripts. The only obligation of Company to Writer shall be to make payments of
compensation required under this Agreement.
9. Compensation A. As full compensation for furnishing and delivering scripts under this
Agreement, and for all rights, properties, and privileges vested in Company under
the terms of this Agreement, Company shall pay to Writer $____________ per
script. Such compensation shall be payable by Company to Writer on or before
(designate day) ______________ of the (e.g., week) _____________ next
following the week in which such scripts are scheduled to be _______________
(broadcast or telecast) .
B. Company shall not pay Writer for any scripts that Company rejects as
unsatisfactory or that Writer fails or refuses to deliver. If, for any cause beyond
the reasonable control of Company, such as government or network action,
partial or total failure or impairment of facilities, strike, delays in transmission,
illness, accident, or any other cause beyond the reasonable control of Company,
any one or more of the scheduled _____________ (broadcasts or telecasts)
are not made, or the program production for any one or more of the scheduled
________________ (broadcasts or telecasts) is not accomplished, and the
scripts of Writer are not used by Company, Company shall pay Writer
$____________ per script for such unused script or scripts, but otherwise Writer
shall not be entitled to payment for the script or scripts. If any such cause beyond
the reasonable control of Company omission continues for _____ (number) or
more weeks, Company may on ___________ (number of days) notice to Writer
terminate this Agreement.
10. Warranty of Writer Writer warrants and represents to Company, producer, network, and stations
over which the Show may be broadcast that in the making or performance of this
Agreement he will not violate any laws, orders, or regulations, or the rights, legal or
equitable, of any person, and that he has full right to perform those services called for
by this Agreement.
11. Property Rights A. All scripts and synopses to be written and delivered by Writer under this
Agreement shall be and remain the absolute property of Company. Writer
acknowledges that he has no right or claim either under this Agreement or
otherwise, to any copyright, title, or any other interest in the _________________
____________ (name of Show) , including, but not limited to, the title, copyright,
ideas, story, characters, plot, names, themes, or the other characteristics and
incidents of the Show; all such rights are to be vested in Company.
B. Work for Hire
1. Company shall own all rights in perpetuity in the Scripts, including
all copyrights and trademarks therein, in all media, in all forms and by
every method now known or hereafter created, and in all of the results and
proceeds of Writer’s services hereunder (the Work). Writer acknowledges
that the Work is a work specially ordered by Company for use as part of
the television production, and, therefore, the Work shall be deemed “work
made for hire” under section 101 of the Copyright Act of 1976 as
amended; but in the event it is determined that the Work in whole or in
part is not “work made for hire,” Writer hereby irrevocably assigns,
conveys, and transfers to Company all proprietary rights he may own,
including all copyrights and trademarks throughout the world in perpetuity
in and to such Work and any and all rights of, and titles and interest in and
to all proprietary rights in the Work throughout the world in perpetuity.
Such assignment shall also include the goodwill associated with any
trademarks assigned herein.
2. Without in any way limiting the generality of the foregoing, the rights
herein granted to Company shall include all motion picture, television,
radio, dramatic, publication, merchandising, and all other rights in and to
the Work, including the sole and exclusive right to photograph, perform,
exhibit, not exhibit, distribute, reproduce, transmit, broadcast or otherwise
communicate the same. Company shall have unlimited re-release, foreign
release, theatrical exhibition, supplemental market and all other rights to
the Work. Company, and Company’s licensees and assigns shall have
the right to adapt, change, revise, delete from, add to, and rearrange the
Work or any part thereof submitted by Writer hereunder, and to combine
the same with other materials in the Work or any other related work, or
otherwise, to any extent, and in this connection Writer hereby waives any
so-called “moral rights.”
12. Employment by Competitor A. During the term of this Agreement, Writer shall not conceive, prepare,
write, or furnish scripts, synopses, or continuity for any program sponsored on
behalf of any competitor of Company. Writer shall not render, directly or
indirectly, any services to or in connection with any Show, or any other
entertainment media, which is similar in title, plot, theme, characters, or ideas to
the Show required by this Agreement.
B. During the term of this Agreement, Writer shall not permit the use of his
name, likeness, or endorsement in advertising or publicizing any product
competitive with the Company.
13. Publicity by Company Company shall have the right to use and to license others to use the name,
biographical material, and likeness of Writer for publicity, advertising, and trade
purposes in connection with the Show. This right shall terminate with the termination of
this Agreement, except for any material authorized or released by Company or its
licensees prior to the termination of this Agreement. Writer shall not release, or
authorize the release by anyone other Company, of any advertising material or publicity
of any form with reference to the Show or any of its component parts without prior
written approval of Company.
14. Suspension of Obligations of Writer Company may, at its option, suspend the obligations of Writer to supply scripts
under this Agreement for a period of not more than _______ (number) consecutive
weeks during the first and each subsequent _____________ (specify time period) of
the term of this Agreement, by giving Writer not less than ______ (number) days'
written notice to that effect. In the event of such suspension, Writer shall not be entitled
to any compensation for the period of suspension.
15. Extension or Renewal; Other Employment
Writer shall not, during the term of this Agreement, enter into any Agreement or
arrangement with anyone other than Company which will prevent the extension or
renewal of this Agreement, unless Writer shall have first notified Company in writing
during the last ______________ (specify time period) of the term of this Agreement
and shall have given Company within _______________ (specify time period) after
receipt of such notice the first opportunity to engage the professional services of Writer
on at least the same terms offered by such other party.
16. Termination by Company If Writer, at any time, commits any act or becomes involved in any situation or
occurrence tending to bring Writer into public disrepute, contempt, scandal, or ridicule,
or tending to shock, insult, or offend the community or any group or class of the
community, or reflecting unfavorably on the reputation of Company, then Company shall
have the right to terminate this Agreement immediately.
17. Correspondence All letters, mail, and other correspondence received from listeners or viewers in
connection with this Show shall be the property of Company.
18. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. If any provision of this Agreement is held to be
invalid, the parties agree that the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.
19. No Waiver The failure of either party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving
any such terms and conditions, but the same shall continue and remain in full force and
effect as if no such forbearance or waiver had occurred.
20. Governing Law This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of ______________.
21. Notices Unless provided herein to the contrary, any notice provided for or concerning this
Agreement shall be in writing and shall be deemed sufficiently given when sent by
certified or registered mail if sent to the respective address of each party as set forth at
the beginning of this Agreement.
22. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the successful
party's attorney fees.
23. Mandatory ArbitrationAny dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third
arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by
the rules of the American Arbitration Association then in force and effect.
24. Entire Agreement This Agreement shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement.
25. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only if placed in writing and
signed by each party or an authorized representative of each party.
26. Assignment of Rights The rights of each party under this Agreement are personal to that party and may
not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party.
27. Confidentiality
Writer and Company both acknowledge that all information and materials
furnished from the Company concerning this Agreement and the performance of it is
confidential and may not be used for any purpose other than in connection with this
Agreement.
28. Counterparts This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
29. Compliance with Laws In performing under this Agreement, all applicable governmental laws,
regulations, orders, and other rules of duly-constituted authority will be followed and
complied with in all respects by both parties.
30. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.____________________________
(Name of Production Company)
________________________ By:_________________________
(Printed Name of Writer) __________________________
________________________ (Printed name & Office in Corporation)
(Signature of Writer) __________________________
(Signature of Officer)