The Producer Writer Agreement is a crucial contract used when engaging writers for creative projects in New Zealand's entertainment industry. This document is essential when a production company or producer needs to formally engage a writer to create original content, adaptations, or scripts. The agreement covers key aspects including intellectual property rights assignment, payment structures, delivery requirements, and credit arrangements. It ensures compliance with New Zealand legislation, including the Copyright Act 1994 and Fair Trading Act 1986, while protecting both parties' interests. The contract is particularly important for establishing clear expectations, timelines, and rights management in professional creative relationships within the New Zealand entertainment sector.
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1. Parties: Identifies and provides details of the Producer and the Writer
2. Background: Sets out the context of the agreement, including the project overview and parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Engagement and Services: Specifies the writer's engagement terms and the writing services to be provided
5. Delivery Requirements: Details the writing deliverables, format requirements, and delivery deadlines
6. Payment Terms: Specifies fees, payment schedule, and any additional compensation
7. Copyright and Intellectual Property: Addresses ownership and assignment of intellectual property rights
8. Moral Rights: Handles moral rights recognition and any required waivers
9. Credits: Specifies how the Writer will be credited in the project
10. Warranties and Indemnities: Writer's warranties regarding originality and indemnification provisions
11. Confidentiality: Obligations regarding confidential information
12. Termination: Conditions and process for terminating the agreement
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Development Process: Include when the agreement covers multiple drafts or development stages
2. Consultation Rights: Include when the Writer has rights to be consulted on script changes or production decisions
3. Additional Services: Include when the Writer might provide additional services like script editing or on-set revisions
4. Sequel and Adaptation Rights: Include when addressing future exploitation of the work
5. International Rights: Include when the project may have international distribution
6. Options: Include when the Producer wants first rights to future works or drafts
7. Insurance Requirements: Include when specific insurance coverage is required
8. Key Personnel: Include when specific individuals are essential to the project
9. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Schedule 1 - Project Description: Detailed description of the project, including synopsis and treatment
2. Schedule 2 - Delivery Schedule: Specific dates and milestones for delivery of drafts
3. Schedule 3 - Payment Schedule: Breakdown of payment amounts and trigger points
4. Schedule 4 - Format Requirements: Technical specifications for script formatting and delivery
5. Schedule 5 - Chain of Title: Documentation of rights ownership and transfers
6. Appendix A - Style Guide: Any specific style requirements or guidelines
7. Appendix B - Credit Requirements: Detailed requirements for writer credits and their placement
Relevant legal definitions
Clauses
Relevant Industries
Film and Television
Digital Media
Entertainment
Publishing
Advertising
Gaming
Theatre and Performing Arts
Web Content
Streaming Services
Educational Content Production
Relevant Teams
Legal
Business Affairs
Development
Production
Creative
Rights Management
Content
Finance
Administration
Relevant Roles
Content Producer
Executive Producer
Script Writer
Screenwriter
Creative Director
Development Executive
Legal Counsel
Business Affairs Manager
Rights Manager
Production Manager
Story Editor
Head of Development
Literary Agent
Contracts Administrator
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