"I've googled this group and haven't found an answer. So, here's my question: Can I write a biopic about well known, public figures without fear of being sued by their heirs? Thanks in advance."
Depends on who the public figure and how well-known they are. The principle is that public figures surrender certain rights to privacy simply by virtue of being public figures but they can still be defamed. Libel and slander still apply and public figures can still sue for that and do, if they feel that what you have done crosses that line.
However, there is another issue that you need to be aware of. Public figures tend to be surrounded by people who are somewhat less than public their families their employees who are inevitably also incorporated into adaptations.
Just because a public figure happens to be public that doesn't necessarily extend to everybody in his circle unless those people are, themselves, explicitly public figures as well.
You violate their right to privacy and they can and may very well sue the pants off of you.
That is why it is not only better but when the time comes to sell your biopic, those you are selling to may pretty much demand that you have the life rights to anybody still living that is depicted in your movie short of bona-fide public figures.
That is President no problem. President's secretary problem.
Now, you may say, well, I'll just fictionalize all of those people.
And maybe you can do that but that has to be an affirmative process. You can't just trust to luck that the secretary that you're inventing isn't going to resemble the secretary that is really there. Just changing the name isn't going to do it. And if there is enough of a resemblance and maybe the secretary isn't presented in a very positive light (and who's to say what constitutes a positive light) hello lawsuit.
It's also important to realize just what "life rights" are for the real reason that we acquire life rights is not to acquire the right to dramatize the actual events of an individual's life. Really, we do not own the facts of our lives. Rather, what every life rights contract contains is a clause in which the person who signs gives the producer the right to change or adapt the events of their lives for dramatic purposes. That's what you need. If you've got that you're safe. Without it, you can have all sorts of problems.
So you need to proceed with care, whatever you decide to do
Sample contract: Life (story) rights
This is a sample of the contract you might use if someone agrees to let you write a script involving their true story. You must copy and paste this into a blank document to use it.
I, ________________, hereby irrevocably consent and agree that you, ________________, and your successors, licensees, and assigns in perpetuity and throughout the universe have the right to use, fictionalize, and/or exploit in whole or in part my life story, my name, likeness, poses, statements, writings, photographs, anecdotes, acts, appearances, and voices. I understand and agree that you may portray me and my life story in any manner and by any actor/actors, under my name or any other name. I hereby waive any objection that I may have that your use of such material may be defamatory, constitute an invasion of privacy, or otherwise violate any right which I may have in connection with such material. I hereby waive any right to bring and prosecute an action for defamation, invasion of privacy, right of publicity, or any similar action, whether my life story is used by you or your successors, licensees, or assigns.
You will have the right to add to, subtract from, arrange, alter, and revise my life story and all materials relating thereto in any manner and to combine such materials with materials relating thereto in any manner and hereby waive any rights of "droit moral" that you may have in my life story. All rights, licenses, and priveleges granted to you shall be cumulative, and you may exercise or use any of said rights, licenses, and privileges separately from, simultaneously with, or in connection with any other such rights, licenses, and privileges.
I grant you and your successors, licensees, and assigns in perpetuity and throughout the universe all motion picture rights (including, without limitation, all silent, sound, dialogue, talking, and musical motion picture rights), all television rights, remake and sequel rights, novelization rights, and all allied, ancillary, corollary rights, subsidiary, merchandising rights including, without limitation, videocassette, videodisk, soundtrack interactive, online which may be produced in any and all media, now known or devised in the future in any and all languages, and any and all other rights pertaining thereto, and the right to exploit the aforesaid rights in any manner and by all means, whether now known or hereafter devised.
ACCEPTED AND AGREED:
___________________________
Signature
___________________________
Name
___________________________
Date
__________________________________
Signature
___________________________________
Name
___________________________________
Date
LIFE STORY RIGHTS ACQUISITION AGREEMENT
This Agreement (the “Agreement”) memorializes the acquisition by , a (“Producer”), of the life story rights of , an individual residing at (“Grantor”).
WHEREAS, Producer wishes to produce and distribute a feature-film entitled FILMTITLE and related productions, which recount actual events and/or fictionalize material regarding ; and
WHEREAS, Grantor wishes to grant exclusively to Producer all rights, title, authority and permission to produce and distribute FILMTITLEand related productions;
NOW THEREFORE, in consideration of the promises, representations, warranties, covenants, conditions and other obligations herein, the receipt and sufficiency of which consideration is hereby acknowledged, the parties hereto agree as follows:
I
ACQUISITION OF RIGHTS
A. Irrevocable Grant and Acquisition; the Acquired Rights. Grantor hereby irrevocably grants, assigns, conveys and transfers to Producer, and Producer hereby acquires the Grantor’s Life Story Rights as defined in paragraph C of this Part I, for Producer’s use in the Productions, as defined in paragraph B of this Part I, including the feature-film FILMTITLE. The grant of Life Story Rights made hereby shall include the full and exclusive rights, title, property, privileges, covenants, authority and permission to use such rights in and in connection with the Productions and the Distribution and Exploitation Rights, as defined in paragraph B of this Part I (the Life Story Rights and the Distribution and Exploitation Rights, collectively, identified herein as the “Acquired Rights”).
B. The Productions; Distribution and Exploitation Rights. The Life Story Rights may be used perpetually and exclusively in and in connection with: (1) motion pictures (whether intended for theatrical exhibition, videogram distribution, television broadcast or otherwise, and including without limitation, all prequels, sequels and remakes), television productions (including without limitation series, MOW’s, and miniseries, and whether live, taped or filmed), videogram (DVD, videocassette, video disc, laser disc or other homevideo format), live dramatic or stage productions, all forms of broadcast (including without limitation radio, cable, internet and satellite), publication (including without limitation, novelizations, transcripts, screenplays, scripts, and teleplays), theme and amusement parks, soundtracks and sound recordings, merchandising, commercial tie-ups and tie-ins, and any and all ancillary and allied media, formats, products, productions and programs of any and every kind, whether now in existence or hereafter devised, and the advertising, marketing, promotion, and publicity in connection with any and all of the foregoing (collectively, the “Productions”); and (2) the transmission, distribution, exhibition, broadcast, and commercial exploitation of any and every kind, now in existence or hereafter devised, including without limitation theatrical distribution and exhibition, television (commercially sponsored, in whole or in part, sustaining and subscription, satellite, cable or cable modem, PPV, VOD, NVOD, or other), videogram (DVD, videocassette, video disc, laser disc or other homevideo format), all forms of broadcast (radio, cable, internet, satellite and other), all merchandising (including commercial tie-ups and tie-ins), and any other form of commercial exploitation in any medium (the content in this subparagraph (2), collectively, identified herein as the “Distribution and Exploitation Rights” or “DER”).
C. Life Story Rights. The Life Story Rights shall include without limitation:
1. the right to use, depict, portray, impersonate and represent, in whole or in part, Grantor’s name or any variant, substitute or alternative therefor or thereof, and Grantor’s picture, likeness, voice, characterization, personality, personal identification, photograph, portrait or representation or any simulation of any of the foregoing in and in connection with the Productions;
2. the right to use, depict, portray and represent, in whole or in part, Grantor’s life and all episodes, exploits, events, incidents, personal experiences, incidents, situations and events which heretofore occurred or here after occur, or any simulation of any of the foregoing in and in connection with the Productions;
3. the property and/or personal rights in Grantor’s right of publicity and right of privacy insofar as such rights appertain to the any of the rights expressly granted herein, the Productions, and/or the DER; and
4. the right to institute and prosecute, in Producer’s sole discretion, any and all actions or proceedings at law or in equity for: the violation of, or impairing or impeding of any of the Acquired Rights, including without limitation, actions for defamation of Grantor and violation of Grantor’s rights of publicity or privacy; and the protection of any other of the rights, property, covenants, and privileges herein acquired by Producer.
D. Unconditional, Irrevocable, Exclusive, Perpetual and Universal. The Acquired Rights shall be unconditional, irrevocable, exclusive, and perpetual, and shall subsist worldwide and throughout the universe, as now understood or hereafter discovered.
E. No Reservation of Rights. The grant of the Acquired Rights hereunder shall be complete and without exception, and Grantor reserves none of his Life Story Rights and reserves none of the Distribution and Exploitation Rights.
F. No Representations Regarding Portrayal; Unrestricted Right to Fictionalize; Use of Alternative Name. The Life Story Rights shall include: (a) the right to portray Grantor by live actors, animation, sound recording or any other feasible means by actors, performers, or present or future technology, which actors, animation, sound recording, or feasible means may or may not resemble Grantor; and (b) the right to use historical, factual or fictional scenes, action and dialogue, or any combination of the foregoing. Grantor acknowledges and agrees that Producer: has not made and shall not make any representation or promise regarding the genre, tone, nature, or thematic or narrative content of the Productions, or the manner or light in which Grantor may be portrayed in the Productions; and may add to, subtract from, dramatize, change, interpolate, and adapt Grantor’s life story or any part thereof, and may use any actual events or scenarios in conjunction with any other material, or property of any kind in the Productions and in connection with the DER. Grantor acknowledges and agrees that Producer may in its sole discretion refrain from using Grantor’s real name, and may use a pseudonym which will be similar or dissimilar to Grantor’s real name.
G. No Obligation. Producer shall have no obligation whatsoever: (1) to use any of the Life Story Rights in or in connection with the Productions or the DER; (2) to use Grantor’s actual name, voice, likeness or picture in FILMTITLE or any of the Productions; (3) to produceFILMTITLE or any of the Productions; and/or (4) to distribute, transmit, exhibit, perform or exploit FILMTITLE or any of the Productions.
H. Public Domain; No Diminishment of Rights. Producer and it successors, assigns and licensees shall retain the same rights, licenses, liberties and privileges as any member of the general public with respect to Grantor’s life story and the production, distribution or exploitation of any productions based thereon or related thereto, and neither Producer’s entering into this Agreement, nor anything contained herein, nor any consultations or interviews with Grantor or any others in connection with this Agreement shall be construed to be prejudicial to, operate in derogation of, or diminish such rights, licenses, liberties and privileges.
II
GRANTOR’S MONETARY CONSIDERATION
Provided Grantor fully and faithfully complies with each and every of his obligations, promises, covenants, representations and warranties hereunder, and provided Grantor is not in breach or default of this Agreement, Producer agrees to pay and Grantor agrees to accept as full consideration for the Acquired Rights and Grantor’s obligations, promises, covenants, representations and warranties hereunder, the following:
A. Advance Compensation: the sum of dollars ($ ) upon full execution of this Agreement.
B. Contingent Compensation: Provided the feature-film FILMTITLE is produced and provided Grantor’s Life Story Rights are used therein, Producer shall pay Grantor:
1. a Production Bonus of dollars ($ ), payable upon commencement of principal photography; and
2. provided further that FILMTITLE obtains a theatrical release, a Theatrical Distribution Bonus of dollars ($ ), payable upon the date of the theatrical premiere; and
3. provided further that Producer’s “Gross Receipts” for FILMTITLE, as defined on a most favored nations basis with FILMTITLE’S director and lead cast members, exceed dollars (U.S. MM), a sum equal to of Producer’s “Adjusted Gross Profits,” as defined on a most favored nations basis with FILMTITLE’S director and lead cast members.
III
CONDITIONS PRECEDENT
All of Producer’s promises, covenants and other obligations hereunder, including the obligation to pay Grantor’s Monetary Consideration as provided in Part II of this Agreement, are expressly conditioned upon and subject to occurrence of Producer’s receipt of fully executed originals or original counterparts of:
A. An agreement between Producer and regarding Producer’s acquisition of life story rights to the extent such rights relate to Grantor’s Life Story Rights; and
B. An agreement between Producer and regarding Producer’s acquisition of certain exclusive, universal and perpetual rights in and to the literary work entitled .
C. IRS Form W-9 executed by Grantor; and
D. This Agreement.
IV
REPRESENTATIONS AND WARRANTIES
Grantor represents, warrants and agrees that:
A. Grantor has not previously granted, assigned, licensed, encumbered, sold, transferred or otherwise disposed of any of the Acquired Rights, and in particular and without limiting the generality of the foregoing, Grantor has not written an autobiography and has not authorized any party to write a biography of Grantor;
B. Grantor has the right to grant the Acquired Rights, and possesses the Acquired Rights free and clear of any encumbrance, lien or claim of any third party;
C. Grantor shall not hereafter grant, assign, license, encumber, sell, transfer or otherwise dispose of any or all of the Acquired Rights, and shall not grant, assign, license, encumber, sell, transfer or otherwise dispose of any rights, property, privileges or covenants similar to, competing with, or diminishing the value of any of or any part of the Acquired Rights;
D. Grantor shall neither publicize nor authorize the publicity of the preparation, negotiation, or execution of this Agreement, without the written consent of Producer. Nor shall Grantor publicize or authorize the publicity of the fact that Producer is producing, distributing, or exploiting FILMTITLE or any of the Productions, without the written consent of Producer.
E. The Interview Content, as defined in Part VI of this Agreement, to the extent it is characterized as factual, shall be true; and the Interview Content, to the extent it is subject to copyright protection, shall not infringe the copyright of any other person, firm or corporation.
F. Grantor shall abide by and comply full with its indemnification obligations outlined in Part V of this Agreement.
V
INDEMNITIES
Grantor shall defend, indemnify, save and hold harmless Producer and its successors, assigns, principals, agents, attorneys, directors, managers, officers and employees from and against any and all damages, charges, costs, expenses (including reasonable attorney’s fees), losses, actions, judgments, penalties, recoveries, awards and other losses of any and every kind which may be obtained against, imposed on, or incurred, sustained, or paid by Producer or its successors, assigns, principals, agents, attorneys, directors, managers, officers and employees, which damages, charges, costs, expenses, losses, actions, judgments, penalties, recoveries, awards or other losses arise or result from or in conjunction with, or by reason of, or relate to the breach of any warranty, representation, covenant, agreement, obligation or undertaking of or made by Grantor in this Agreement.
VI
GRANTOR’S INTERVIEW AND CONSULTATIONS;
ADDITIONAL RELEASES
A. Interviews. At Producer’s request, Grantor agrees to be interviewed by, and consult with Producer and Producer’s designated agents or representatives with respect to the Productions at reasonable times and places, subject to Grantor’s availability. Grantor shall not give interviews relating to Grantor’s life story or the Acquired Rights to any person, firm or corporation, excluding only Producer and its designated agents or representatives. Grantor hereby grants to Producer the sole, exclusive, irrevocable and unconditional right to use any information, episodes, exploits, events, incidents, personal experiences, incidents, situations and events (the “Interview Content”) conveyed or disclosed in such interviews in and in connection with the Productions.
B. Consultation Rights. Provided Grantor is not in breach or otherwise in default of this Agreement, and provided Grantor is available to exercise the rights granted under this paragraph at the times and places reasonably required by Producer, Grantor shall have the right to consult with Producer with respect to the final shooting script for and lead role casting in FILMTITLE.
C. Additional Releases. Grantor agrees, if requested by Producer, to seek releases in form and substance acceptable to Producer from any third party or parties who may be portrayed in the Productions or whose release may be required in connection with the Productions and the DER.
VII
RELEASE, WAIVERS, AND FURTHER COVENANTS
A. Release. Grantor, for himself and his agents, successors and assigns, and each of them, acting on their behalf, hereby unconditionally releases and forever discharges Producer and its successors, assigns, officers, directors, principals, managers, members, agents, representatives, attorneys, and insurers, and all of their respective predecessors, successors, and assigns, from any and all past, present and future claims, causes of action, suits, demands, debts, losses or damages of any kind, whether based in contract, tort, statutory or other legal or equitable theory of recovery, whether now known or unknown, suspected or unsuspected, existing, claimed to exist or which can hereinafter exist, including without limitation any claims that arise or which could be claimed to arise out of or in connection with, or related in any way to, the Productions and/or Producer’s use of the Acquired Rights, or any of them. Without limiting the foregoing, this release is intended to include any and all past, present and future claims, causes of action, suits or demands, based upon any civil rights statute, libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the Acquired Rights, or based upon any failure of or omission by Producer to make use of any or all of the Acquired Rights.
B. Release of Unknown and Unsuspected Claims; Section 1542 Waiver. This Agreement also constitutes a complete release of unknown claims. Thus, in entering into this Agreement, Grantor also knowingly waives the provisions of Section 1542 of the Civil Code of the State of California, which reads:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Having read the above with full understanding of its meaning, Grantor makes the following statement and places his initials adjacent to same:
“In full understanding of the above language regarding my complete and absolute release of claims relating to my life story,FILMTITLE, and the related Productions, I have placed my initials here: [GRANTOR’S INITIALS]
C. Further Covenants; Strict Compliance. Grantor further covenants not to sue or bring or join in any type of claim, action, proceeding or investigation against Producer, person or business entity released herein based upon or related to in any way to any matters covered by this Part VII. Grantor expressly acknowledges that any and all attorneys' fees and other costs and expenses incurred in defending any suit, claim, action, investigation or proceeding brought in breach of this covenant shall constitute part of the measure of damages, pursuant to California Civil Code Section 3300, recoverable for any such breach. The Parties acknowledge and agree that the terms of this Part VII are of the essence of this Agreement, and agree that strict compliance with its terms shall be required.
VIII
GENERAL PROVISIONS
A. Assignment. The Agreement and all rights herein shall inure to the benefit of Producer’s successors, assigns, licensees and grantees and associated, affiliated and subsidiary companies, and Producer shall have the right to freely assign the Agreement and/or any of Producer’s rights hereunder to any person, firm, corporation, or other entity. Producer shall have the right at any time to sell, transfer or assign all or any of its rights in and to FILMTITLE and any or all of the Productions, the physical materials and copyright thereof, and the agreements with Producer’s licensees, assignees, sales agents, distributors and subdistributors. Any assignment shall be subject to Grantor’s rights hereunder, provided Producer shall only be released and discharged of and from any further liability or obligation hereunder if such Assignee is a major or mini-major studio-distributor. The Agreement is non-assignable by the Grantor.
B. Payments. All payments owing to Grantor shall be paid directly to Grantor at the address provided in this Agreement. The date of mailing of any payment to Grantor shall be the date of such payment. In no event shall Producer’s failure to pay any amounts to Grantor be deemed to constitute a breach by Producer which entitles Grantor to rescission or other injunctive relief, Grantor’s sole remedy being an arbitration seeking damages (if any) as provided in paragraph H of this Part VIII.
C. Notices. Notices to Producer must be given in writing, and all written notices to Grantor or to Producer shall be given as set forth in this paragraph. Either Grantor or Producer may hereafter designate a substitute address by written notice to the other. Written notices shall be delivered by registered mail to the address set out below, or transmitted by facsimile (provided there is written confirmation of receipt of such transmission). The date of mailing or transmission of any such notice shall be deemed the date of service thereof.
To Grantor:
To Producer:
D. Action and Settlement of Claims; Appointment of Attorney-in-Fact. Producer’s right to institute and prosecute actions or proceedings for the violation or impairment of the Acquired Rights, shall include actions or proceedings at law or in equity for: the violation of, or impairing or impeding any of the Life Story Rights granted and acquired hereunder, including without limitation, actions for defamation of Grantor and violation of Grantor’s rights of publicity or privacy; and the protection of any of the rights, property, covenants, and privileges herein acquired. Producer’s rights under this paragraph shall be exercised in Producer’s sole discretion and under Producer’s sole and absolute control, and any such action or proceeding may be asserted, brought, maintained and settled by Producer either in Producer’s name or in Grantor’s name, in Producer’s sole discretion. Grantor agrees to execute any documents and do any acts reasonably required by Producer for the prosecution and enforcement of such actions, proceedings, and resulting judgments, recoveries and awards. Grantor hereby irrevocably appoints Producer his attorney-in-fact to do all acts and to execute all documents which Grantor could lawfully do and execute in prosecuting and enforcing such actions, proceedings, and resulting judgments, recoveries and awards, this power being coupled with an interest and therefore irrevocable. The proceeds of all such judgments, recoveries and awards shall be Producer’s sole, absolute and exclusive property, and Grantor shall have no interest therein.
E. Default; Remedies.
1. Producer’s Default. If Producer breaches any representation, warranty or agreement contained herein, or fails in any material way to perform its obligations hereunder, then Grantor’s sole remedy shall be an action at law for damages (if any), subject to the arbitration provisions of this Agreement. Without limiting the generality of the foregoing, in no event shall Grantor have any rights whatsoever: to terminate or rescind this Agreement; to enjoin or interfere with in any way the production of FILMTITLE or any of the Productions; to enjoin or interfere in any way with Producer’s exercise of the DER or use of the Acquired Rights; to rescind, cancel or nullify this Agreement or any terms provided herein; or to obtain any form of injunctive or other equitable relief. In no event whatsoever shall the Acquired Rights be subject to revocation by Grantor, his heirs, assigns, devisees, or any other party deriving any of the Acquired Rights from Grantor.
2. Grantor’s Default. If Grantor breaches any representation, warranty or agreement contained herein, or fails in any material way to perform his obligations hereunder, then Producer may, in addition to any other rights or remedies which it may have at law or in equity, under this Agreement or otherwise, terminate this Agreement in its entirety and thereafter Producer shall be relieved of any obligations to Grantor hereunder.
F. Further Instruments and Documents. Grantor agrees to execute such documents and do such other acts and deeds as may be reasonably required by Producer, its successors, assignees, or licensees to further evidence or effectuate Producer’s rights, title, properties or interest hereunder, and hereby irrevocably appoints Producer Grantor’s attorney-in-fact for the purposes of execution, acknowledgement, delivery, and recordation of documents evidencing or effecting such rights, this power being coupled with an interest and therefore irrevocable.
G. Relationship of the Parties; No Third-Party Beneficiaries. As between Grantor and Producer, Grantor shall be an independent contractor. Nothing herein creates between Producer and Grantor an employer-employee relationship, joint venture, partnership, agency, or lease agreement, and neither party shall hold itself out contrary to the terms of this paragraph and neither party shall become liable by any representation, act or omission of the other contrary to the terms herein. Producer will not make available to Grantor any employment benefits, and will not withhold any sums for income or other taxes, unemployment insurance, social security or any other withholding relating to the Services, pursuant to any law or requirement of any governmental entity, and Grantor agrees that all such payments, withholdings, and benefits, if any, are the sole responsibility of Grantor.
H. Arbitration. Producer and Grantor agree to have any dispute that arises from or relates to this Agreement, including any and all disputes that relate to the scope and effect of the release, waiver and further covenants, the Productions, the DER, the Acquired Rights, and including but not limited to claims relating to any civil rights statute, libel, defamation, invasion of privacy or right of publicity, or infringement of copyright, decided only by binding arbitration in accordance with the rules of the American Arbitration Association and not by court, commission or administrative action, except as provided by California law for judicial review of arbitration proceedings. Judgment upon an award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Neither party shall have the right of discovery in such arbitration action. Provided, however, that nothing in this paragraph shall require Producer to arbitrate claims against any person, firm, corporation or other entity, excluding only Grantor.
I. Miscellaneous. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior oral or written representations with respect thereto, any such representations having been merged herein. Any amendment to the Agreement must be in writing and signed by both parties. No provision of the Agreement may be waived except in writing signed by the party against whom enforcement of the waiver is sought. If any provision contained in this Agreement is found in a court having jurisdiction or any dispute resolution proceeding, including arbitration, to be unenforceable or invalid, such provision shall be unenforceable or invalid only to the extent necessary to bring it within the legal requirements, and all other provisions contained herein shall remain in full force and effect and enforceable according to their terms. Nothing herein shall be construed so as to require the commission of any act contrary to applicable law, and wherever there is any conflict between any provision of this Agreement and applicable law, contrary to which the parties hereto have no legal right to contract, the latter shall prevail, but then any provision of this Agreement so affected shall be limited only to the extent necessary to bring it within the legal requirements, and all other provisions of this Agreement not so contrary shall remain in full force and effect. The Agreement shall be construed and interpreted pursuant to the laws of the State of California applicable to contracts made and fully performed entirely therein, and the parties consent to the jurisdiction of the courts of the State of California, including the federal courts located in California should federal jurisdictional requirements exist, in any action brought to enforce or otherwise relating to this Agreement.
IN WITNESS WHEREOF, THE PARTIES HEREOT HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST WRITTEN ABOVE.
PRODUCER GRANTOR
By:
[signature of Grantor]
Its:
[name of Grantor]
[Grantor’s address]
Screenwriters, secure worldwide rights to a person's biography for film, TV, book or other media with this Option Agreement for Rights to a Life Story.
- The option can be renewed for two additional terms after the initial term.
- The person gives up his or her rights to their life story to the screenwriter, even if the screenwriter does not actually develop a project from the rights.
- The screenwriter will use best efforts to develop a project, but is under no obligation to do so.
- The writer shall pay the person a specified amount for each project developed from the rights.
This Option Agreement for Rights to Life Story is provided in MS Word format, and is fully editable to fit your particular circumstances.
GOOD ADVICE FOR SCREENWRITERS
 | Learning about how to write a script is essential as more rejections are made due to improper script formatting and structure than you realize. Visit our books for writers page.
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| Which screenwriting magazine is the best? Script Magazine and Fade In: Magazine are best for writers trying to break into the business. The New York Screenwriter Magazine and the Hollywood Scriptwriter Newsletter are similar. Written By: Magazine is the magazine generally for writers who have already sold or optioned a script and moving up in the world. You can find these magazines at major bookstores and on our Screenwriting Links page.
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"Fortune knocks at every man's door once in a lifetime, but in a good many cases, the man is in a neighboring saloon and does not hear." - Mark Twain
| Which screenwriting formatting program is the best? Tough question. Many are excellent. Pros use any of these; Movie Magic, Script Thing, Final Draft andScriptware. These are the big four. Ask the software firm to send information about the product and evaluate which one is best for you. You can't go wrong no matter which one you choose. Ask if they have demo software so you can try it out first. Most will format scripts to TV, Audio Visual, MOW, stage play and more.
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| What about story development programs? You don't need them if you already know how to structure a story for film, television or theater. If you don't know how, the story building software can be of great value. Truby's Writers Studio'sBlockbuster program is very good and inexpensive. Dramatica Pro is a high-end program that is very deep in content and expensive. You can easily find these programs on screenwriting Web sites.
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| Agencies are listed in screenwriting magazine annual agency surveys and other publications. You'll notice a few mention they are no longer accepting queries for a variety of reasons. Don't believe it. Mail them your query letter. Why? Because to be listed in the survey they must fill in a form each year and be willing to accept submissions. This "not open for submissions" firewall is only a ploy to keep the amateur writers from contacting the agency. Every agency - no matter who they may be - are taking on new writers all of the time! The key is to present a professional script submission!
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| When writing your script, do not use any "cheat" features that expand the page margins so you can fit in more text on the page. It is unprofessional and your script will be quickly rejected. The page margins should be 1 1/2" on left, 1" or 1 1/2" on right and 1" top and bottom of the page. Screenwriting software will format the pages automatically for you.
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| Should you enter your script in screenplay contests? Absolutely. If you rank high or win the contest it is great ammunition to use in your query letter. There are many contests and you may be wondering which is the best for you. Nobody knows. The large contests can take on so many thousands of submissions you can easily get lost in the crowd. Smaller contests can give you the edge to win or rank high. Point is, obtaining a high rank in any contest can give your query letter the punch you need to obtain recognition and representation. Don't enter a dozen contests each year unless you have the budget to pay all the fees. Some pro writers do not advise wasting money on contests, but they do admit it does not hurt to gain recognition. Contests are getting better offering production deals to winners.
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| Should you send simultaneous submissions to film industry agents? Yes. Unlike the book publishing industry they are used to it. However, a producer or production company should (but is not mandatory) be given an exclusive submission for two months to accept or reject the script. Make sure you mention in your query letter to a producer or prodco the submission is proprietary with a deadline.
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| Should you put the WGA and copyright numbers on the cover page of your script? No. You can put the words, "WGA Registered & Copyrighted" at the bottom edge of the title page, but it is better to place these notices on your cover letter. Some producers just don't like seeing the notices in the script as it sends a message of distrust. And yes, you do distrust, but your fears are basically unfounded. Few scripts are stolen and ideas can't be copyrighted anyway. You can't sell a script unless you pass it around.
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| The query letter is designed for one purpose; to tease the reader to request your script. The cover letter sells the benefits of the script. Don't mix these two ideas into any one letter. Novice writers have a nasty habit of doing this blending and often results in an instant rejection. Our book Screen & Stage Marketing Secretshas many sample query and cover letters specific to the screenwriting industry you can use. Examples: query to agent, query to producer, query to studio, query to obtain referral, how not to write a query, etc.
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| Should you capitalize sound effects in the script? You can, sparingly. That means only about two or three per page, if that. Today, you don't have to capitalize any words in the author script. It's optional.
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| The word CONTINUED is no longer used in scripts at the top and bottom of the page, but it is still okay to use them when dialog is broken between description paragraphs or pages. It's optional, but including dialog continuations absolutely helps the reader flow with the story from page to page. For this reason, you should use them in the character cues.
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| So you want to adapt a published book or stage play into a screenplay? Don't. It's not worth the grief. You have to obtain the rights from the publisher first before you even write one word. Those rights don't come cheap and may not even be available to you. Best bet? Write your own story. It is not good to become obsessed with copyrighted material. Generally, the screenwriter does not contract these deals, unless you are already established in the industry. A new writer has little chance of obtaining the rights and package the deal.
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| Should you write a television pilot? No. The industry is already hard set to only use established writers on hit shows to develop pilots. A back-end deal can be made by writing a movie screenplay with a TV pilot, but even then it's a hard sell.
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| Would you like to entertain the thought of producing and directing your own film? To start, begin with reading MovieMaker Magazine. http://www.moviemaker.com If you do produce your own film you will need an attorney. Here's one of many to consider: http://www.marklitwak.com
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| So you want to meet producers, directors, agents and actors so you can pitch your script? Click on the link for MovieMaker (above paragraph). This magazine lists many film festivals. Attend these festivals and you now have direct contact with the players in the industry. Each state and province has some sort of film festival, but here the major festivals are listed. You will be amazed how much success you may receive attending these festivals. Just roam about and pass out business cards. Most importantly, get their business card so you can later follow up with a query letter to everyone you have met. Don't bring scripts with you, just you and your business card. At most, a query letter pushing your best script is acceptable to distribute to those who show great interest in what you have to offer.
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| Are you submitting your query letters to the same agents and production companies every other screenwriter is? That's okay, you have to, but the competition is severe and often leads to great frustration trying to beat the masses. Have you considered independent film? These firms are screaming to find screenplays and screenwriters! Don't forget Movies Of The Week. The market is large to sell your TV script. the stage play market even larger, in the thousands in the USA alone! Consider writing a MOW and a stage play.
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| Did you know Writer's Digest Magazine has a lot of advice and opportunities listed for screenwriters? They have helpful articles, books, correspondence courses, contests and much more.
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PUBLISHING OPPORTUNITY
We are interesting in potentially publishing your screenplay or stage play. If your script is well written and meets our marketing criteria this is what we propose;
We would publish your script electronically and in traditional script/brad paperback or perfect bound format to sell to the consumer, bookstores, libraries, schools,script sellers, theaters for live stage play performance, etc.
The advantage is, you will earn traditional book trade royalties of ten to fifteen percent on net book sales and generate exposure. Scripts that are published can generate film industry heat and production interest if the script becomes popular and sells. The fact your script is published by a book publisher generates credentials any agent and producer will recognize as worthy of consideration.
You do not lose the right to sell your script to production companies and you may continue to market your screenplay to the film industry; however, as publisher, we do reserve marketing and sales rights and are entitled to a small commission on any sale of the script (approximately 8%). This is standard procedure in the publishing of books to be adapted to film and is fair and square to the author and publisher.
Primarily we are a book publisher and will focus the market attention to the sale of your screenplay to the book markets. However, we will periodically contact production companies to consider evaluating our screenplay books for possible production.
The concept of publishing unproduced screenplays is new and the general public is ready to purchase scripts. We have sold scripts. Publishing your screenplay could be the ticket to success or failure. Nobody knows. When the book is released the consumer and film industry may take to it or reject the book, just as they would do to any traditional paperback book. Not all books are successful, but yours might be. The greatest risk is not taking one!
There is no fee to you if we publish your screenplay. We are not a vanity or subsidy press. We are not an internet electronic book distributor posing as a book publisher. We are a full-service traditional book publisher handling all markets worldwide; not just a few internet sites and a few bookstores. We market to hundreds of thousands of outlets to sell our books!
If you already have a literary agent you may not like the idea of adding in another commission, but it generally balances out when the script is sold since agent and publisher often split the commission. Everybody gives and takes when production deals materialize.
There are many ways to sell a screenplay or stage play. Publishing is only one way to enhance exposure, build name recognition in the industry, attract attention and hopefully lead to a film industry sale. While you are waiting for that big break, your book may be selling and earning you royalty income. Publishing is a gamble. No publisher can guarantee your book will be a success.
We have the world's largest book distributors; Ingram and Baker & Taylor. We sell our books worldwide. We are a small independent book publisher with top notch marketing distribution.
. We do employ a Reversion of Rights in our publishing agreement. This means, if book sales drop to nil sales levels, we will take the book out of print and you can then offer the book to another publisher.
. We do not publish offensive material, excessive violence, obscene language or horror. We will request you rewrite your screenplay to remove any offensive or vulgar material to tone down the material. Remember, we are selling the script to the general public and in all markets. We prefer comedy, drama, action-adventure, true stories, among other genres.
. First read our Submission Guidelines If your script qualifies, send us your query letter and we'll take it from there. You may submit a multiple submission loglinelisting all of your qualified scripts. Your script may be produced or unproduced, but it must not have been previously published by any publisher. We do notreprint published works.
. When submitting a postal query include an S.A.S.E. Start with the query. Don't send us your script until we ask for it. You may send us an electronic e-mailquery.
. To be published in a book your screenplay must ultimately be available on computer disk in rich text format or text only. If you used a computer (most all writers use a computer), or Microsoft Word for Windows, Page to Stage or otherprofessional screenwriting program to write your script, they will produce the necessary disk file with ease. If you can't generate these files you will have to scan the pages and have them saved in the file format. Most all writing software allows exporting of text files.
. Your script need not be WGA registered, but it must be registered with the Library of Congress Copyright division to be published. Don't worry, the publisher will assist you to obtain the copyright. You should consider using the WGA orProtectRite before you submit scripts for submission.
. This is not a contract or agreement but an informal communication. The publishing agreement will identify and retain the actual terms and agreement.
. Consider this new option to increase the potential of earning money from scriptbook sales while enhancing your exposure to the film industry. Contact us with your query letter if you are interested in having your script published.
. If you plan to write a story based on another persons life story you need a story rights agreement. See below for a copy.
* * *
The Lord Pays The Bills! Read Malachi 3:10 (KJV)
THIS AGREEMENT made between writer, (YOUR NAME), herein called writer,
Writer: (Your Name)
(Your Street Address)
(City, State, Zip Code)
(Phone)
AND
Story Owner: (STORY OWNER'S NAME)
(Owners Street Address)
(City, State, Zip Code)
(Phone)
herein called Story Owner,
WITNESSETH:
The parties agree as follows:
I. Term: This Agreement shall be in effect for a period of one (1) year commencing the date Story Owner and Writer of this signing. See Section III paragraph "I" herein.
II. Subject Matter: The parties agree that Writer shall have the exclusive right to represent Story Owner's life story pertaining to the events that took place with [his (or her) employment with ABC Airlines in the State of California.]
Work: Tentative screenplay, play, book, or teleplay herein known as, ("Title of Screenplay"). Parties agree this is a tentative working title and may change beyond the control of the Writer or Story Owner.
III. Writer's responsibility, limitations and authority:
A. Writer shall utilize his knowledge, skill, contacts, experience and best efforts to write the story at least one-draft in standard screenplay format, promote the sale of Story Owner's Work for publication and any other appropriate productions and markets, domestically and internationally. Writer shall own the copyright and all rights therein to the work, including the tone, texture and form. Writer shall register the work with the Writer's Guild of America for at least 5-years, and U.S. Library of Congress Copyright Office, at least the first draft.
B. Writer shall not be responsible for any copyright infringements.
C. Writer shall make good attempt to portray the story as truthful as possible, however, the
parties agree, for dramatic purposes, elements of the story may need to change, and, may need to change from the needs and desires of actors, producers, production companies, etc. The parties agree to these changes so as not to make the work unmarketable.
D. Writer shall be responsible for any costs incurred in the reproduction, postage, photo copying, registering and marketing of the work. It is understood all costs incurred shall be reimbursed to Writer prior to payment to Story Owner if a option or sale is made.
E. Writer shall have the exclusive right to represent the Work, and the Story Owner, in all contractual negotiations involving the Work. Including media interviews or other publicity events of any sort with the Story Owner, including 15% of such moneys from said publicity.
F. Writer shall make any commitment involving the Work without approval from the Story Owner. Media interviews with the Story Owner will require Story Owner's written permission, and, Story Owner may decline to perform such interviews to remain anonymous. The parties agree that the name of the Story Owner can be given out, including phone number and addresses to Writer's literary agent(s), producers, directors, attorneys, studio executives, attorneys, or any other person who needs to know, to sell, produce, or market or defend the Work.
G. Writer agrees to inform Story Owner of any significant replies from publishers, producers, or other markets at the earliest possible time. This can be verbal or in written form.
H. There is no guarantee a sale of the Work will be made. The Work is a speculative venture.
I. Writer agrees to market the Work. After one (1) year no market exists, or Writer cannot, or fails to pursue marketing of the Work, this contract will automatically expire. Writer will return to Story Owner the Work, however, rights still remain with Writer as creator of the the Work and copyright holder.
J. Writer will not sell the Work without negotiating with Buyer 50% for Story Owner. If no such negotiation is successful, or cannot be made, Writer will pay Story Owner 50% of any moneys earned, after Writer's expenses are reimbursed. This includes royalty and residual payments derived from the express sale or visual presentation of the Work. This does not include rewrite income or career promotions or actual pay scales for the Writer from the Buyer.
K. Writer is under no obligation to pay Story Owner any moneys over and above the terms and conditions of this contract for the Work, including any income from screen writing contests.
L. If a option is given and money received, the moneys will be split 50%-50% with Story Owner, after Writer's expenses deducted within 60-days of cashing of check, and check has cleared.
M. Rewrite income from Buyer is Writer's income for labor on the Work.
IV. Story Owner's responsibilities, limitations and authority:
A. During the term of this Agreement, Story Owner shall not permit any other person, firm or corporation to act in any representative manner or capacity for the Work, nor is the Story Owner or any representative of the Story Owner, to circumvent Writer by contacting any publishers, producers or media concerning Work unless written permission is given by Writer.
B. Story Owner agrees to give full designation and control to Writer throughout the marketing process, including the producing, filming and exhibition of the Work in any medium.
C. Story Owner agrees to accept from Writer a nominal one-dollar,$1.00 American funds, payment for the story rights.
D. Story Owner understands and agrees that the monetary value of the Work may, or may not be, substantial. That Writer has no control, nor is expected to have control of the Work's value. Story Owner has no control over the final negotiated price of sale of the Work or residual royalty payments. This requires, usually, a negotiated contract with the buyer or buyers of the Work. There is no certainty to the outcome of such arrangements.
E. Referring to section III paragraph "I" if Work is returned to Story Owner, Story Owner may shop and market the script to agents, publishers, producers, etc., at Story Owner's convenience and at his own expense. Story Owner agrees prior to any option or sale, Writer will be notified, and Writer's copyright and WGA registration shall be validated to such buyer. Writer agrees to negotiate in good faith to promote the sale of the Work. 50%-50% agreement still applies.
F. If a offer is made to option or purchase of the Work, Story Owner understands Writer may do so without permission from Story Owner, regardless of the value of the Option or Sale. It is understood, Story Owner will stand to claim a 50% fee, after deduction of Writer's fees and expenses for the express Option or Sale of the Work. This does not include rewrite income or career promotions or actual pay scales for the Writer from the Buyer. Only the option, royalty, residual, and outright sale is binding.
G. Story Owner agrees that the compensation payable to Story Owner is entirely in the hands of, and the sole decision of the Buyer(s). In the event the Buyer does not contract with Story Owner, Writer will pay 50% of moneys earned by Writer, after Writer's expenses are reimbursed. This does not include rewrite income or career promotions or actual pay scales for the Writer from the Buyer.
H. Story Owner has no claim on any moneys for Writer's promotions to co-producer, producer, director or assistant director credits or funds. Writer's career moves are not included in this agreement, even if relative to the Work.
I. If Writer is promoted to assistant producer or higher related to the Work or otherwise, Story Owner agrees this income is Writer's income and no claim upon such will be made.
J. Story Owner has the right to read and correct the Work to maintain relative accuracy to the true story with Writer prior to the first copyrighted draft.
K. Story Owner agrees Writer may assign Work to a literary agent or producer for marketing. There are costs involved with such representation and Writer will bear these costs. Writer is entitled to be reimbursed for such costs, prior to payments of any moneys to Story Owner.
V. Services of Writer:
A. Story Owner agrees that services of Writer are not exclusive and Writer shall, at all times, be free to perform and provide the same or similar services for others as well as engage in any and all other forms of business activity. If Agent consummates a sale, commissions and other costs is born by both Writer and Story Owner. Agent takes commission on gross sale price.
VI. Successors and assigns:
This Agreement shall be binding on heirs, executors, administrators, legal representatives, successors and assigns of the respective parties.
VII. Construction:
This Agreement shall be construed in accordance with the laws of the (State of California).
VIII. Modification:
This Agreement shall not be changed or modified, nor any provision hereof be waived except by mutual consent of both parties in writing, with a new contract.
IX. Termination:
This Agreement shall be continuous. At any time, the parties may negotiate for the termination of this agreement and shall become void when consummated in writing and agreed by both parties. Writer may, at any time after 1-year, with written notice to Story Owner, terminate this agreement. Story Owner may terminate agreement without cost or penalty to Story Owner if Writer fails to promote the Work as herein stated in this agreement. Copyrights remain with Writer.
X. Indemnification:
Story Owner and Writer warrants and certifies that Work, under the exclusive control of the Story Owner and Writer is factual, is not slanderous or libelous to any living person or entity, and indemnifies Buyer against any actions, of any nature, resulting from the Work.
XI. Payments:
Writer will not charge Story Owner for any bills not so agreed in this contract. Story Owner will not charge Writer for any bills not so agreed in this contract.
XII. Arbitration:
A. Both parties agree to settle all disputes through arbitration and the arbitrator's decision will be final. No civil suits of any kind will be filed. The arbitrator used shall be a qualified arbitrator in the State of California, and California law will prevail. Litigants will share expenses for the arbitration hearing, exempting travel, motel, meals, and other erroneous costs, etc.
Executed this_______________day of _________________19_____.
________________________. Date__________________.
Writer.
________________________. Date__________________.
Story Owner.
Note: Delete the following information. It is not part of the Agreement. Substitute information in parenthesis or brackets as indicated. You may want to use an Arbitrator in your state to avoid travel expenses to California, but keep laws applicable to this Agreement to California law. New York also has well established entertainment laws. You can make changes to this Agreement to suit your preferences. You can have an attorney inspect the agreement if you wish. You should have an entertainment attorney fine tune this sample agreement to reflect evolving technologies that will affect contract terms, conditions and language.
