Use Of Literary Material
A Independent Filmmaker/Producer/Investor will want the Literary Acquisition Agreement to acquire all or some rights in a literary property such as a novel or screen play or short story or a play, etc. The Filmmaker/Producer/Investor typically use the acquired Rights to write/obtain screenplays/movie rights to the Literary Material.
The Use Of Literary Material Release is designed to acquire permission to use a copyrighted literary work in a film or television program or other Project. The Agreement confers a non-exclusive Right to use such Literary Material in exhibition, advertising, promotion, or exploitation.
The Filmmaker/Producer/Investor will want Owner/Writer to warrant that they own all the Rights she/he/they are selling, free and clear of any other obligations (encumbrances). The Owner/Writer will disclose their copyright registration number so that Filmmaker/Producer/Investor can check the copyright records and review the chain of title to ensure they obtain all the Rights they desire.
This Agreement between the Owner/Writer and the Producer is drafted in plain English that is easy to read and comprehend. This is the “Short Form” release form of two pages, and six clauses. The Agreement may be filled in on your computer or printed out and filled in later.
We regularly receive feedback that we have successfully drafted our filmmaker contracts to be as complete as possible for all legal situations. However, should you experience a unique personal situation requiring the drafting of a special clause, please contact us at your convenience. Otherwise, you may be obliged to find a local entertainment lawyer experienced in the film making industry who will draft any and all other clauses for your Project’s unique situation or circumstance.
This Agreement is part of the Producer’s Deal and the Investor’s Deal.
Use of Literary Material Release (Short Form)
Writer/Owner (Assignor): ____________________________________
Title of Work Assigned: ______________________________________
Producer (Assignee): _______________________________________
Project Name: _____________________________________________
Project Genre: _____________________________________________
(film, music video, stage production, game show, etc)
Herein this Agreement the Independent Filmmaker is the “Producer”.
1. For good and valuable consideration, receipt of which is hereby acknowledged, the above named and undersigned Writer/Owner do hereby confirm the consent hereby given the above named and undersigned Producer with respect to the Producer’s use of the above title and/or literary material (the “Materials”) in connection with the Project, and the Writer/Owner does hereby grant to the Producer, her/his successors, assigns and licensees, the perpetual right to use the Materials in connection with the Project.
2. The Writer/Owner agrees that the Producer may record the Materials on tape, film or otherwise and use the Materials and recordings in and in connection with the exhibition, advertising, promotion, exploitation, and any other use of the Project as the Producer may desire.
3. The Writer/Owner understands that she/he shall receive ______________ compensation for her/his assignment of the above named Work.
4. The Writer/Owner further understand that by accepting this one time compensation and granting this permission the Writer/Owner is irrevocably giving up all rights and claims to monetary compensation for any future uses of this Project by the Producer(s) and her/his/their Company(s), heirs, successors or assigns.
5. The Writer/Owner hereby release the Producer, her/his agents, successors, licensees and assigns, and each of them, from and against any and all claims, liabilities, demands, actions, causes of action, costs and expenses, whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, suspected or unsuspected, which the Writer/Owner ever had, now have, or may, shall or hereafter have by any reason, matter, cause or thing whatsoever, arising out of the Producers use of . . . (continue)