IMPORTANT NOTICE
This agreement is a pro forma document provided by Screen NSW. This pro forma may however not adequately address important commercial and legal matters which are relevant to the other parties in this project. You should seek your own independent professional advice as to whether this document is suitable for your particular needs.
SCRIPT EDITOR'S AGREEMENT
FOR DEVELOPMENT STAGE
TO:
(name of Production Company)
(ABN)
OF:
(address)
FROM:
(name of Director)
OF:
(address)
I AGREE IN CONSIDERATION of the payment to me of the total sum of A$ (exclusive of GST), to be paid in instalments of
$ on and
$ on
1 I will professionally and diligently act as Script Editor on the. draft ("Draft") of the screenplay ("the Screenplay") for the cinematograph film entitled (“Film”) in the period to .
2 All the work that I do pursuant to this agreement shall be your sole unencumbered property (including present and future copyright) and is for all purposes (including copyright laws) deemed a work-made-for-hire for you. Further, I hereby assign to you absolutely all the results and proceeds of my work with respect to the Draft and any contribution to the Screenplay and Film, (including all present and future copyright), throughout the world in perpetuity.
3 I agree that you are free to adapt, assign, license or dispose of the benefit of this Agreement at your sole discretion, subject to remaining liable for your obligations under this Agreement.
4. I consent to any and all acts or omissions by you (and your successors in title, licensees and assignees) which would otherwise infringe any moral rights I may have, and in particular where applicable, I give those consents provided for in the Australian film industry standard accord on moral rights.
5. I agree that you may use my name and likeness in connection with the development, production and marketing of the Film (and any ancillary rights).
6. I will maintain the strictest confidentiality with respect to all aspects of the Draft and the Screenplay and attend all meetings as you may reasonably request in the said period to discuss the Draft. If I am required to travel to any place more than 50 kilometres from my residence, you will provide reasonable and proper travel and accommodation for me, as well as per diems.
7. I will receive a credit as script editor on all copies of the Film before the main crew credits, substantially in the form: “Script editor – [name]”. I acknowledge that this may be a shared credit if other script editors are engaged by you in relation to the Film. You will use your best endeavours to ensure that your licensees and/or assignees give me the credit referred to in this Clause. You will not be liable for the failure by such third parties to do so, provided that you use your best endeavours to rectify such failures.
8. If GST is payable on the Fee, you will pay me an additional amount on account of GST, but only if I have provided you with a valid tax invoice.
9. I warrant that I am authorised to enter into this Agreement and that all my work is and will be original and will not infringe the rights of any third party.
10. I will send a typewritten report on the Draft to Screen NSW by .
Dated:
Signed and Agreed by:
......
Script Editor Independent Witness
Signed and Agreed by:
......
For Production Company Independent Witness
Screen NSW Script Editor Agreement 2009/10 1/2