contract basics - university of wisconsin–la crosse
Post on 30-May-2022
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Contract Basics
Words to Protect the Work
http://www.hollywoodreporter.com/thr-esq/judge-rules-threes-company-parody-785689
Case Study #4 Amanda Green, Doug Wright & Trey Anastasio v.
Theatre Under the Stars
HANDS ON A HARDBODY
Getting a Play Produced
OPTION- exclusive rights to a script for a period of time
Have specific length and can be renewed
Appropriate for “major production” of work
Entitle producer to subsidiary rights
Subsidiary Rights “Champagne Money”
Royalties from subsequent productions
Sales of published script, soundtrack, DVD
Appearances on tv, radio
Merchandise
Rights Window Time between production and subsequent activity
Regional Theatre- 5 years
Off Broadway- 10 years
Broadway- very complicated! Up to 40 years
Several variations based on awards, tours
To Compare: Option on a film
Payment for option, generally one year
Purchase price for script discussed at option time
Film Production companies typically don’t purchase until they know the movie will be made– sometimes the first day of shooting
The Flea Theater Optioned the adaptation of The Parisian Women into a new play
to be directed by Joel Schumacher
Agents for writer & director decided theatre isn’t large enough
Flea choice between: Keep the play
Trade for producing credit and more money?
Playwright has joint approval rights over any production in his option
Tootsie (the musical) Screenwriter partners with a composer to create
producer gets underlying rights to create musical
composer & lyricist get theatrical production agreement to write music
Screenwriter staying on to write the book- then he dies
Producer needs to replace screenwriter, also replaces composers
Lawsuit- settled
Many writers- never been produced…
Playwright Problems Option contract based on old model from Dramatists Guild
Playwrights want it updated
Also want changes to bargain more successfully with Hollywood
Producers claim it is an antitrust violation
Playwright Licensing Antitrust Initiative Act (2002 and 2005)
Unsuccessful to make change in law
Licensing Other Productions LICENSE- nonexclusive rights for a theatre to produce a script
Specific to a location & set of dates
Outlines conditions for production
Publicity requirements
What else you can’t do
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