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LEGAL DISCLAIMER

The copyright in and to the sample contracts herein is owned and retained by the originator
of the work (“the Owner”). These sample contracts and documents have been created for
your general information only. The Owner, the authors, and the publishers cannot therefore
be held responsible for any losses or claims howsoever arising from any use or reproduction.
Nothing in this document should be construed as legal advice. The information provided and
the sample contract and documents are not a substitute for consulting with an experienced
entertainment lawyer and receiving counsel based on the facts and circumstances of a
particular transaction. Furthermore case law and statutes and European and International law
and industry practise are subject to change, and differ from country to country.

This contract has been compiled by solicitors who wish to emphasise that these notes and
agreements are not a substitute for specific legal advice and are designed for very general
guidance only.

Deed Of Assignment

(Original Screenplay)
This is a guideline only and should not be relied upon without taking legal advice.

This Deed is made the .......... day of .............. 19......

BETWEEN

(Name, address) (hereinafter called “the Owner”) of the one part

and

(Name, address) (hereinafter called “the Purchaser”) of the other part.

WHEREAS

A) The Owner is the absolute owner free from encumbrances except as hereinafter
mentioned of the copyright and all other rights throughout the world in and to the Treatment
and Screenplay entitled........................... (hereinafter called the “Work”) written
by........................... (hereinafter called the “Author”, which expression shall if the Author and
the Owner are the same person be construed as a reference to the Owner)

B) The Owner has agreed to grant and assign the Producer for the consideration hereafter
mentioned the (specify applicable rights) rights in the Work throughout the world as
hereinafter more particularly mentioned.

NOW THIS ASSIGNMENT WITNESSETH

1.1. In consideration of the payment by the Purchaser to the Owner of the sum of
.......................Pounds (£..........) (receipt whereof the Owner hereby acknowledges) the
Owner with full title guarantee hereby assigns and grants to the Purchaser (specify applicable
rights i.e. all rights) (including but not limited to copyright) of whatever description whether
now known or in the future existing in and to the Work TO HOLD the same unto the
Purchaser absolutely throughout all parts of the world in which copyright in the Work may
now subsist or may be acquired and during all renewals, revivals and extensions thereof and
thereafter (in so far as may be or become possible) in perpetuity and except as herein
expressly provided to the contrary free from all restrictions and limitations whatsoever
including (but not by way of limitation of the generality of the foregoing) free from all so-called
“Authors rights” or “droit moral” and any similar right now or hereafter accorded by the laws
prevailing in any part of the world (including but not limited to any rights pursuant to sections
77 and 80 of the Copyright Designs and Patents Act 1988) and the Owner hereby expressly
waives any so-called “Authors rights”, droit moral and any such rights.
1.2. Without prejudice to the generality of the assignment of rights in Clause 1.1 above, the
Owner hereby confirms and agrees that the assignment of rights hereby made to the
Purchaser includes any and all rights of communication to the public by satellite, cable
retransmission rights and any and all rental and lending rights, whether now or hereafter
known or existing in any country of the world, in and to the products of the Owner’s services
hereunder and /or the Film (as hereinafter defined) and/or copies thereof and/or any part or
version or adaptation of any of the foregoing.

2. (a) As further consideration for the rights hereby granted the Purchaser hereby agrees to
pay to the Owner
(i) upon the first day of principal photography of the first or only film made in exercise of the
rights hereby granted and not being part of a television series or serial (hereinafter called “the
Film”) the sum of (£...............................)

(ii) sums from time to time equal to (....................) Percent (....%) of the Net Profits (as
defined below) of the Film.

For the purposes of this Deed the expression “Net Profits” shall have the same meaning as is
accorded thereto in the principal production finance and distribution agreements for the Film.

2 (b) The Owner agrees that the consideration payable to the Owner in accordance with the
provisions of this Agreement takes into account and includes a payment in respect of all
rights of communication to the public by satellite, cable, retransmission rights and any and all
rental and lending rights as referred to in Clause 1.2. hereof and that the said payment
constitutes equitable and adequate consideration for the assignment of satellite, cable and
rental and lending rights, and constitutes and satisfies in full any and all rights which the
Owner has or may at any time have to receive equitable, adequate or other remuneration for
the exploitation by satellite and cable and the rental or lending of the products of the Owner’s
services and/or the Film and/or copies thereof and/or any part or version or adaptation of any
of the foregoing. Without prejudice to the provisions of this Clause nothing in this Agreement
shall prevent the Owner from being entitled to receive income under collection and other
agreements negotiated by recognised collection societies under the laws of any jurisdiction
PROVIDED THAT this does not imply any obligation or liability on the part of the Purchaser
regarding the collection or payment of such monies.

3. The Owner hereby represents, warrants and undertakes to and with the Purchaser that:-

a) the Owner is the Owner and Author of the Work which was and is wholly original with the
Author and nothing therein infringes the copyright or any other rights of any third party

b) copyright in the Work subsists or may be acquired in all countries of the world whose laws
now provide for copyright protection and that the Owner and the Author have not and will not
at any time hereafter do authorise or omit to do anything relating to the Work whereby the
subsistence of copyright therein or any part of such copyright may be destroyed or otherwise
impaired.

c) the rights hereby granted are vested in the Owner absolutely and neither the Owner nor
the Author or any other predecessor in title of the Owner heretofore assigned, licensed,
granted or in any way dealt with or encumbered the same so as to derogate from the grant
hereby made and that the Owner has a good title and full right and authority to make this
Deed

d) the Work does not constitute a breach of any duty of confidence owed to any party and
does not breach any right of privacy and does not contain any libellous or defamatory
statement or matter or innuendo of or reference to any person firm company or incident

e) the Owner will indemnify and at all times keep the Purchaser fully indemnified from and
against all actions, claims, proceedings, costs and damages incurred by or awarded against
the Purchaser or any compensation paid or agreed to be paid by the Purchaser on the advice
of counsel agreed between the parties hereto (and in default of such agreement within one
month from the time such agreement is sought then a counsel decided by the President for
the time being of the Law Society) in consequence of any breach, non-performance or non-
observance by the Owner of all or any of the covenants, warranties, representations and
agreements by the Owner contained in this Deed

f) the Owner will and does hereby authorise the Purchaser at the Purchaser’s expense to
institute prosecute and defend such proceedings and to do such acts and things as the
Purchaser in it’s sole discretion may deem expedient to protect the rights granted by the
Owner to the Purchaser hereunder and to recover damages and penalties for any
infringement of the said rights and insofar as may be necessary in the Purchaser’s
reasonable view to use the name of the Owner for or in connection with any of the purposes
aforesaid and the Owner shall in any such proceeding afford the Purchaser all reasonable
assistance the Purchaser may require at the expense of the Purchaser in instituting
prosecuting or defending such actions unless the said action is occasioned by some breach
or non-performance by the Owner of any covenants or warranties herein contained.

4. For further securing to the Purchaser the rights hereby granted the Owner hereby
undertakes with the Purchaser that the Owner will at the request and expense of the
Purchaser do all such further acts and things and execute all such further documents and
instruments as the Purchaser may from time to time require for the purpose of confirming the
Purchaser’s title to the said rights in any part of the world and the Owner hereby appoints the
Purchaser it’s irrevocable attorney-in-fact with the right but not the obligation to do any and all
acts and things necessary for the purpose of confirming the Purchaser’s title at the expense
of the Purchaser as aforesaid and to execute all such deeds documents and instruments in
the name of and on behalf of the Owner which appointment shall be deemed a power
coupled with an interest and shall be irrevocable.

5. The Owner hereby grants to the Purchaser the right to use and authorise others to use the
name, biography and likeness of the Author when exploiting or dealing with the rights hereby
granted provided that the Author shall not be represented as personally using or
recommending any commercial product other than films or other products of the rights hereby
granted based upon the Work.

6. The Purchaser shall not be obliged to exercise any of the rights of copyright and other
rights in and to the Work or any part thereof granted unto the Purchaser hereunder and if the
Purchaser shall not exercise any of these said rights the Purchaser shall not be liable to the
Owner in any manner whatsoever.

7. The Purchaser shall be fully entitled to negotiate and conclude agreements for the sale
performance licensing and other commercial exploitation of the rights hereby granted upon
whatever terms the Purchaser considers fair and reasonable and shall not be obliged in any
way to seek the approval of the Owner in connection therewith and the Purchaser gives no
warranty or representation as to the amount (if any) of any receipts that may arise.

8. a) In the event of a film or films being based upon the Work the Purchaser shall give the
Author a single card credit on all copies of any such film or films issued under the control of
the Purchaser in the form: Screenplay written by .......................... provided however that no
casual or inadvertent failure by the Purchaser to accord the Author credit as aforesaid shall
be deemed a breach

b) The Purchaser will incorporate in it’s agreements with the distributors or broadcasters of
such films as aforesaid a provision obliging such distributor or broadcaster to accord such
credits to the Author but the failure of any distributor or broadcaster to accord such credits
shall not constitute a breach by the Purchaser hereof provided however that if the Purchaser
shall be notified of such failure the Purchaser shall use all reasonable endeavours but without
incurring material expense to ensure that such failure is remedied by such distributor or
broadcaster (as the case may be)

9. All rights assigned by this Deed shall be irrevocable under all or any circumstances and
shall not be subject to reversion rescission termination or injunction in case of breach of the
provisions of this Deed by the Purchaser including failure to pay any part of the consideration
other than the sum payable under clause 1 hereof. The Owner’s remedies shall be limited to
an action at law for damages or for an accounting (if applicable). The Purchaser shall not be
liable for damages for breach of contract (except for payment of consideration) unless the
Purchaser has been given reasonable notice and opportunity to adjust or correct the matter
complained of and the same has not been adjusted or corrected within a reasonable time
following the notice aforesaid.

10. Any notices required to be served hereunder shall be deemed to have been duly and
properly served if addressed to the Owner or Purchaser as the case may be and sent in a
prepaid envelope or if sent by facsimile transmission to the above address or any subsequent
address of the Owner or Purchaser as the case may be duly notified to the Owner or
Purchaser respectively and acknowledged and the date of service shall be deemed to be the
date of delivery in the normal course of posting if posted or the date of sending if sent by
facsimile.

11. All sums mentioned herein are exclusive of Value Added Tax that may be payable thereon

12. The Purchaser shall be entitled to assign the benefit of this Deed to any third party but
shall not thereby be relieved of it’s obligations hereunder

13. This Deed shall be construed and shall take effect in accordance with the laws of
England and subject to the exclusive jurisdiction of the English Courts

IN WITNESS WHEREOF the Owner and the Purchaser have executed this Assignment and
is hereby delivered as a Deed the day and year first above written

SIGNED as a DEED

by:....................................................

in the presence of:............................................

Executed as a DEED by:....................................... (Limited)


acting through it’s two Directors/Director and Secretary

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