6 Most Common Screenwriter Agreements & Screenplay Options
As a screenwriter, you’re going to want to familiarize yourself with the various screenwriter agreements that you could face along the course of your career. Knowledge is power. It’s always important to be legally ready when it comes to the different forms of screenplay options agreements and screenwriter agreements. As well as other types of legal agreements which could be involved in the creation, sale, or production of a screenplay.
To help you understand the various contractual agreements and legal options that might come up over the course of your career as a screenwriter.
We’ve put together a list of the most common screenwriter agreements one generally enters into. As well as some important details that apply to each.
This is no replacement for speaking with an attorney about selling your screenplay. If can provide you with some helpful insight as to some of the potential legal agreements that you’re likely to be approached with in the future.
1. Screenwriter Agreements
Technically, a labor agreement formatted with details similar to what you might expect from a labor contract or employment contract. Screenwriter agreements represent an agreement made between the screenwriter and the production company or studio.
Under the agreement, the idea is that the screenwriter will write a screenplay that will become the property of the production company. Usually covered under a “work made for hire” provision.
The following details are typically in a screenwriter agreement:
- Names of parties entering into the agreement.
- Services writers will perform.
- Payments provided and a schedule of payments.
- Screen credits provided
- Timeline for completion of the screenplay services.
2. Submission Release Forms
Screenwriter agreements are often in the form of submission release forms. Which allow the screenwriter to submit their screenplay to a production company or a literary agent, producer, or to a film festival.
The need for a submission release form is common for screenwriters that are not represented by an agent or production studio.
The release form releases any liability from the individual or entity. In which the form is submitted should the screenplay be ripped off by the other party.
While there is controversy over these types of agreements, we always recommend working with your attorney before signing any agreements. For some writers without representation this might be a last resort option.
3. Screenplay Purchase Agreements
The purchase agreement or the screenplay options agreement represents probably the most frequently entered into agreement for screenwriters.
Screenwriter agreements like this are for acquiring the rights to produce a film. Either from a short story, comic book, novel or other literary work, or a screenplay.
The purchase agreement allows you to sell your screenplay. Allowing the other party to control the rights to your script for an agreed upon period, exclusively.
Similarly, the option agreement provides similar rights of control for a little less money but also not with exclusive rights.
4. Screenplay Representation Agreements
A screenplay representation agreement is entered into between an agent and the screenwriter or client. Screenwriter agreements like this provide details on how the representative will act on behalf of the client. But it doesn’t stop there.
Additional terms are set forth to comply with union agreements, local laws, and regulations. As well as details on how the client will be compensated.
You might recall a representation agreement if you’ve ever worked with a production studio or perhaps you recognize the process from having worked with an attorney under an “engagement letter”?
5. Screenwriter Collaboration Agreements
Screenwriter agreements, such as the collaboration agreement, represent the individual parties involved in the creation of the screenplay or other project.
When two or more parties have interest in working on a screenplay or film they enter into a collaboration agreement.
Basically these are to prevent you from facing any potential legal issues should collaborators disagree with the steps of the project, how the project is sold, or various other terms later on.
6. Screenwriter Shopping Agreements
This is a relatively newer form when it comes to the various screenwriter agreements that could arise. But shopping agreements have gained popularity in the past 20 years.
The shopping agreement represents a simplified form of a purchase agreement. Such that the production studio may “shop” the screenplay. And, should the screenplay later find financing, the production company will be informed.
With a shopping agreement, the screenwriter does not transfer their rights with the shopping agreement. Instead, this is like an early contract that often leads to late purchase agreements once financing is secure.
