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Fill and Sign the Writers Collaboration Agreement 497329451 Form

Fill and Sign the Writers Collaboration Agreement 497329451 Form

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Writers' Collaboration Agreement Agreement made on the       day of       , 20       , between       of       , (Name of Writer One) (Street Address, City, County, State, Zip Code) referred to herein as Writer One, and       , of (Name of Writer Two)       , referred to herein as Writer Two. Writer One and (Street Address, City, County, State, Zip Code) Writer Two are jointly referred to as the Parties. Whereas, the Parties are about to write in collaboration on a screenplay hereinafter called the Work; and Whereas, the Parties desire to establish all their rights and obligations in and to the Work; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Collaboration. The Parties shall collaborate in the writing of the Work and on its completion, and shall be joint owners of the Work. 2. Copyright . On completion of the Work, it shall be registered with       as the joint work of the Parties, and       copies shall ( N ame of egistrant) (Number) be delivered to       . If the Work is in a form that qualifies it for (Name of Registrant) copyright, it shall be registered for copyright in the name of both Parties, and each party designates the other as the party's attorney-in-fact to register the Work with the United States Copyright Office and to procure a renewal of copyright on behalf of the other party when the original copyright period has expired. 3. Time of Completion. It is contemplated that the Work will be completed by not later than       ; provided, however, that failure to complete the Work by this date (Date) shall not be construed as a breach of this Agreement on the part of either party. 4. Withdrawal from Collaboration . If, prior to the completion of the Work, either party voluntarily withdraws from collaboration , then the other party shall have the right to complete the Work alone or in conjunction with another collaborator or collaborators, and in that event the percentage of ownership, as provided in Section 1, shall be revised by mutual agreement in writing or, failing such agreement, by arbitration in accordance with the procedures prescribed below. Writers' Collaboration Agreement Page 1 of 5 5. Termination . If, prior to the completion of the Work, there is a dispute of any kind with respect to the Work, then the Parties may terminate this Collaboration Agreement by an instrument in writing, which shall be filed with       , and (Name of Registrant) should they fail to agree on the terms of such termination agreement, they shall submit the dispute for arbitration pursuant to Section 19 below. 6. Credit. Any contract for the sale or other disposition of the Work, where the Work has been completed by the Parties in accordance with this Agreement, shall require that the story credit be given to the authors in the following manner:             . (Specify) 7. Sale of Share of Work. Neither party shall sell, or otherwise voluntarily dispose of the Work, nor shall the Party’s share in the Work, without the written consent of the other, which consent, however, not be unreasonably withheld. 8. Agents A. It is agreed that       of shall be the (Name of Agent) exclusive agent of the Parties for the purposes of sale or other disposition of the Work or any rights in the Work. Such agent shall represent the Parties at the following studios only:       . (Specify Studios) B. The Agents shall have       within which to sell (Specify Period of Time) or otherwise dispose of the Work, and the aggregate commission for the sale or other disposition of the Work shall be limited to       . (Percentage) 9. Expenses. All expenses that are incurred by either or both of the Parties in connection with the writing, registration, sale or other disposition of the Work shall be shared jointly. 10. Application of Payment from Sale. All proceeds derived from the sale or other disposition of the Work shall be applied in the following order: A. First, in payment of commissions, if any; B. Second, in payment of any expenses or reimbursement of either party for expenses paid in connection with the Work; and C. Third, to the Parties in the proportion of their ownership. 11. Rights Covered . It is agreed that for purposes of this Agreement the Parties shall share, unless otherwise stated in this Agreement, the proceeds from the sale or any other disposition of the Work and the rights and licenses in the Work, including, but not limited to, the following: Writers' Collaboration Agreement Page 2 of 5 A. Motion picture rights; B. Sequel rights; C. Remake rights; D. Television rights; E. Stage rights; F. Radio rights; and G. Book and magazine publication rights. 12. Revision After Sale A. If the Work is sold or otherwise disposed of and, as an incident to such sale or other disposition, the Parties are employed to revise the Work or write a screenplay based on it, and then the total compensation provided for in such employment Agreement shall be shared by them as follows:       . (Describe) B. If either party is unavailable for the purposes of collaborating on such revision or screenplay, then the party who is available shall be permitted to do the revision or screenplay and shall be entitled to the full amount of related compensation; provided, however, that the original selling price is then revised so that the party not available for the revision or screenplay shall receive from the other party       % of the total selling price. 13. Use of Work in Separate Venture If either party desires to use the Work, or any right in the Work or relating to it, in any venture in which such party has a financial interest, whether direct or indirect, then the party desiring so to do shall notify the other party of that fact and shall afford the other party the opportunity to participate in the venture in the proportion of the other party's interest in the Work. If such other party is unwilling to participate in the venture, the party desiring to so proceed shall be required to pay the other party an amount equal to that which the other party would have received if the Work or right, as the case may be, intended to be so used had been sold to a disinterested person at the price at which the same shall last have been offered, or if it shall not have been offered, at its fair market value which, in the absence of mutual Agreement of the Parties, shall be determined by arbitration in accordance with the regulations of       . (Name of Registrant) 14. 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. Writers' Collaboration Agreement Page 3 of 5 15. 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. 16. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 17. 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. 18. 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. 19. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any 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. 20. 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. 19. 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. 20. 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. 21. 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. Writers' Collaboration Agreement Page 4 of 5 22. 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. WITNESS our signatures as of the day and date first above stated. (Signature of Writer One) (Signature of Writer Two)             (P rinted Name of Writer One ) (P rinted Name of Writer Two) Writers' Collaboration Agreement Page 5 of 5

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