For Independent Filmmakers

Welcome

Our Independent Filmmaker pages are loosely organized in the chronological order of legal and business matters you might face throughout your project -- from treatment to final cut. Please help us improve our site. If you notice an error or have a suggestion for a link or additional information, please contact us.

THIS WEB SITE HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE OR A LEGAL OPINION. ONLY YOUR ATTORNEY CAN ADVISE YOU ABOUT WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC SITUATION.

Collaboration Agreement

If you are co-writing a script, we encourage you to seriously consider using a written collaboration agreement. A collaboration agreement is a legally enforceable contract that specifies what rights each writer will have and sets out other procedures for the working relationship.

Joint author agreements typically address the following, as outlined by Stephen Fishman in the highly recommended book, The Copyright Handbook:

1. Collaborators’ Contributions. What will each collaborator contribute to the work? How will the collaborators work together?

2. Completion Date. What is the realistic deadline for completion of the work? What happens if the deadline is not met?

3. Quitting the Collaboration. If one author wants to quit the project, can the other(s) finish it? How will the former partner be compensated?

4. Division of Copyright Ownership. Will the collaborators divide their copyright interest in equal parts or by taking into account the quality and/or quantity of their contributions?

5. Credit. How will the authors’ names be listed? Alphabetically? In some other way?

6. Negotiations and Decision-Making. Will all the collaborators conduct negotiations and make decisions as a team? Will one be authorized to act for the others?

7. Independent Parties. Do the collaborators really want to be “partners” as defined by law? If so, each will be responsible for all partnership debts and each one can make agreements that are binding on the other partner(s).

8. Money Management. How will expenses and royalties be handled?

9. Assignments. Can one collaborator find a substitute to take his place? Do the other collaborators need to give their consent?

10. Non-competition. Do the collaborators want to prevent each other from creating other works that could compete with the joint work?

11. Death or Disability. If a collaborator dies or becomes disabled, can the survivor(s) finish the work? Should the heirs of the deceased be compensated?

12. Dispute Resolution. How will disputes be resolved? (VLAA recommends mediation.)

Here is our annotated sample Collaboration Agreement between two co-authors, including screenwriters, composers and lyrists. Our agreement may not suit your situation and the laws of your state. We encourage you to seek legal advice.

SAMPLE COLLABORATION AGREEMENT

Next: The Permission Process