Screenplay Laws: What is a Collaboration Agreement?
The average screenplay requires a lot of hard work. Which is why many aspiring filmmakers will claim they want to write a screenplay. And will start many times, but will not finish. Often, the best screenplays are the result of several screenwriters collaborating with one another to produce the finished product. When two or more writers collaborate on the work of a screenplay a collaboration agreement is required. But what is a collaboration agreement exactly?
What is a Collaboration Agreement?
A collaboration agreement represents a written agreement between the individuals involved in the writing of a screenplay.
This document outlines key areas of importance regarding how the work is owned, by whom it is owned, and how the screenplay will be registered with the Writers Guild of America. As well as other areas of registration such as the U.S. Copyright office for legal purposes.
Sample collaboration agreements can be seen at the following locations:
- Independent Filmmaker Contracts Collaboration Agreement
- Writers Guild of America Writer’s Collaboration Agreement
Keep in mind! That before you print and sign any type of screenplay collaboration agreement or writer’s collaboration agreement, it should be reviewed for accuracy by your attorney.
You should discuss the agreement with your legal counsel in full detail. That way you are aware of what the agreement means and how it applies to your unique situation.
What’s Included in a Screenplay Collaboration Agreement?
A standard screenplay collaboration agreement is not incredibly complex, but it is incredibly powerful!
The typical writer’s collaboration agreement includes the following details and elements:
An outline of who does what.
This includes describing the duties and responsibilities of each individual that collaborates on the work. A detailed outline of responsibility is important! Not only does it dictate how the workload is split up. But it also describes responsibility of each individual involved.
An outline of compensation.
This includes details on how any payment for the screenplay will be split up among the various collaborators should the screenplay be sold.
You might opt for a 50/50 split if you’re negotiating a collaboration agreement between just yourself and a partner, or if you do more of the work, perhaps the agreement is 60/40 in your favor?
The important consideration here is that these details are provided in writing! Don’t forget to dictate any potential residuals, payments for future reuse of the work, or other forms of compensation which may come up.
An agreement of how credits will be provided.
This includes noting who will be credited with the screenwriting and in what order their names will appear.
A termination statement.
This section dictates what will happen if one, or more, collaborators is unable to perform the agreed upon work or if they opt out of the agreement for any reason such as illness or other concerns.
Termination outlines whether the individual that terminates the agreement is still entitled to any percentage of profits, and if so – to what extent and under what cause.
Decision making details and final approvals.
This includes information on exactly who is in charge of the final say on important decisions relative to the screenplay. You might claim a 50/50 responsibility or perhaps only one partner has final say?
Disputes and resolution options
This includes information on how you and other collaborators that are part of the collaboration agreement will handle any disputes to the agreement in the future as well as what steps are to be taken in order to resolve such disputes.
Most will include some sort of arbitration or mediation clause that is set forth to help resolve disputes between you and your collaborators should there be instances where you disagree.
As you can see, when you ask, “What is a collaboration agreement?” There is really a lot that goes into it. This agreement is incredibly important for any screenwriters that are collaborating on a project together.
