Fill and Sign the Agreement Writer Work Hire Form

Agreement with Writer including a Work for Hire Provision Agreement made on the       day of       , 20       , between       of       , (Name of Writer) (Street Address, City, County, State, Zip Code) referred to herein as Writer, and       , a corporation (Name of Employer) organized and existing under the laws of the state of       , with its (Name of State) principal office located at       , referred to herein as (Street Address, City, County, State, Zip Code) Employer. 1. Employment. A. Employer employs Writer to write, and Writer agrees to write, in connection with a proposed       presently entitled       , (e.g., motion picture) ( Name) ( e.g., a first draft screenplay), hereinafter called the Committed Material. This employment and Writer's services shall commence on       and shall (Date) continue until delivery of the Committed Material to Employer. B. Not later than       weeks after the date of commencement of services (Date) under this Agreement       , Writer shall deliver to Employer the Committed (the Due Date) Material described in Subparagraph A above. Employer may then advise Writer of its requested additions to, deletions from, and changes to be made in the Committed Material described in Subparagraph A above. C. Employer shall cause Writer to deliver to Employer the Committed Material described in Subparagraph B above in accordance with such instructions not later than       weeks after Employer shall have given Writer such instructions, except (Number) that if Employer does not give such instructions prior to five business days after the expiration of the Reading Period (defined below), Writer's obligation to deliver the Committed Material described in Subparagraph B shall be subject to Writer's professional availability. If Writer delivers the Committed Material described in Subparagraph A above on or before the Due Date, the Reading Period shall be the four- week period commencing with the date of such delivery; provided, however, that if Writer shall deliver the Committed Material described in Subparagraph A above after the Due Date, then the Reading Period shall be the four-week period commencing with the date of such delivery plus an additional period equal to the number of weeks Agreement with Writer Page 1 of 5 (including fractional weeks, if any) from the Due Date to and including the date of delivery of the Committed Material described in Subparagraph A above. C. On condition that Writer is not in default under this Agreement, Employer will pay Writer, as full compensation for Writer's services in connection with the Committed Material and for all rights granted in this Agreement and agreed to be granted to Employer with respect to this Agreement, the following sums:       . (Describe Compensation) 2. Expenses. If Employer shall require Writer to render services more than 100 miles away from Writer's residence at       , Employer shall furnish (Address of Writer) Writer with first-class (if available) transportation from such residence (or from wherever Writer may be at the time, if closer) to the place where such services are required and return. Employer will also furnish and pay for, or reimburse Writer for, Writer's reasonable living and traveling expenses incurred by Writer during the continuance of such services required by Employer away from such residence, not to exceed $       per week, any partial week to be prorated on the basis of a seven-day week. Writer shall account to Employer for such expenses in accordance with Employer's usual accounting procedures, it being agreed that Writer shall be reimbursed only for amounts actually paid and accounted for up to such ceiling. If Employer is able to effectuate a savings in the normal rate of any hotel or other living accommodation, the ceiling shall be reduced accordingly. 3. Bonus for Screenplay Credit. If Employer actually produces the Picture based on material written under this Agreement, and if Writer is not in default under this Agreement, and if, upon the final determination of writing credits, Writer receives screenplay credit in connection with the Picture, Employer will pay Writer as follows:       . (Describe) 4. Rights. A. All material written under this Agreement (the Material) constitutes work prepared by Writer as an Employee of Employer within the scope of Writer's employment under this Agreement, and accordingly shall be deemed to be a work made for hire for Employer. Employer shall be considered the author of the Material for all purposes and the sole and exclusive owner of all copyrights, patents, trademarks, and all other right, title, and interest in and to the Material and every part of it, including all incidents, plots, dialogue, characters, action, and titles forming a part of the Material. Writer will, upon request, execute, acknowledge, and deliver to Employer such additional documents as Employer may deem necessary to effectuate Employer's rights under this Agreement, and Writer grants to Employer the right, as its attorney-in-fact, to execute, acknowledge, deliver, and record in the U.S. Copyright Office or elsewhere any and all such documents. B. Writer also grants to Employer the perpetual right to issue and authorize reasonable and customary publicity concerning Writer, and to use Writer's name and likeness and biographical material in a reasonable and customary manner in connection Agreement with Writer Page 2 of 5 with the distribution, exhibition, advertising, and other exploitation of any motion picture in which the Material shall be used in whole or in part. C. Writer agrees not to make any claim or bring any suit, action, or arbitration or other proceeding that will or might interfere with or derogate from Employer's rights in the Material, it being agreed that Writer shall not have or be deemed to have any lien, charge, or other encumbrance upon the Material or any rights in the Material or proceeds derived from the Material, and that neither the breach nor alleged breach of this Agreement by Employer, nor the termination of this Agreement, nor any other act, omission, or event of any kind, shall terminate or otherwise adversely affect Employer's ownership of the Material and rights in the Material. Writer's sole remedy for any such breach or alleged breach shall be an action at law to recover such damages as may have been actually suffered by Writer as a result of the breach. 5. Warranties. Writer represents and warrants that: A. Writer is free to enter into this Agreement, and Writer is not subject to any conflicting obligations or any disability that will or might interfere with the execution and performance of this Agreement by Writer; Writer has not made, and Writer will not make, any grant or assignment that will or might conflict with or impair the complete and quiet enjoyment of Employer's rights under this Agreement; and during the entire term of this Agreement, during such period or periods as it may be lawful for Employer to require Writer so to do, Writer will, without cost to Employer, remain or become and remain a member in good standing of such labor organization, if any, as may have jurisdiction, to the extent required by law and applicable collective bargaining Agreements. B. All Material written under this Agreement will be written solely by and be wholly original with Writer and will not infringe any copyright of any person or entity, or constitute a libel or slander of any person or entity, or infringe upon or violate the right of privacy or any other right of any person or entity. 6. Services. Writer agrees to comply with all requirements, directions, and requests, and with all reasonable rules and regulations made by Employer in connection with the conduct of its business, and to render services during Writer's engagement under this Agreement whenever and wherever Employer may require in a competent, conscientious, and professional manner, and as instructed by Employer in all matters, including those involving artistic taste and judgment. But there shall be no obligation on Employer to cause or allow Writer to render services, or to include all or any of Writer's work in any motion picture, or to produce, release, or continue the distribution of any motion picture. Writer further agrees, during all periods that Writer's writing services are required under this Agreement, to render services exclusively for and to Employer, and that Writer will not, during such periods, render any services for Writer's own account, or for any other person, firm, or corporation, without Employer's written consent being first been obtained in each case. 7. Payments. All monies payable under this Agreement (other than contingent amounts payable out of gross receipts or net profits) shall be payable not later than the       (Number) Agreement with Writer Page 3 of 5 days after such monies accrue. 8. 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. 9. 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. 10. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Compliance with Laws. I n 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. Agreement with Writer Page 4 of 5 WITNESS our signatures as of the day and date first above stated.       (Name of Employer) By: By: (P rinted Name of Writer) (P rinted Name & Office in Corporation)             (Signature of Writer) (Signature of Officer) Agreement with Writer Page 5 of 5