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