Co-Development Agreement Checklist

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If you are creating a film or television show and are looking to develop a project with another collborator, it is important to have a Co-Development Agreement in place.

There are several issues you should address in a Co-Development Agreement, including production details, ownership, development period, services, and costs. This Co-Development Agreement Checklist covers some of the key issues that should be addressed when looking to co-develop a TV show, short or feature-length film, documentary, music video, advertising video and any other digital video content. Fill out and submit our Co-Development Agreement Checklist if you would like us to get started drafting a Co-Development Agreement to fit your needs. If you don’t know the answer to any of the questions, you’ll probably need legal advice, so just say ‘I don’t know’ or get in touch!

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1. Production and Party Details

A. What is the name or working title of the project?
B. Provide a brief description of the project including the genre, length and synopsis?
C. What are the names, ABNs and addresses of each Co-Producer and/or owners of the co-production?

2. Ownership of Development Materials

A. Is the project based on an original concept (e.g. created and written by you or a co-developer); or is the project based on a pre-existing work (e.g. a book, song, artwork or other work)?
B. If there is a pre-existing work created by a third party, have the Co-Developers acquired the rights to develop the project?
C. Are the materials which the co-developers (or a single co-developer) have created to-date (e.g. script; format bible; pitch document) owned equally by the co-developers? Or are these materials owned by one co-developer and licensed to the co-developers for a period of time to enable the development of the project?

3. Development Period

A. Will there be an exclusive development period in which the Co-developers will seek to obtain finance for the project; or will this indefinite?
B. If there will be an exclusive development period, and the project is not financed by the expiry of that period, do the rights in the Development Materials andt he Project revert to one Co-Developer? Or do the Co-Developers continue to jointly own the Development Materials?

4. Services, Contributions and Deliverables

A. What services will each Co-Developer provide?
B. Are there any time commitments required from each Co-Developer?
C. Are any Co-Developers entitled to receive a fee?
D. Are any Co-Developers required to create or deliver any deliverables? If so, when?

5. Production

A. Do the Co-Developers intend to seek finance and produce the project?
B. Do the Co-Developers intend to sell the project to a production company / studio / platform?
C. Do the Co-Developers intend to find a third party co-producing partner to co-produce the project?
D. If the project is financed, will the Co-Developers register a company for the purposes of producing the project?
E. If the answer to (B) is yes, do the Co-Developers know at this stage what the share ownership and voting right proportions will be for that company?
F. If the answer to (B) is yes, do the Co-Developers know at this stage how revenue received by the company will be shared between them? 
G. If the project is financed and proceeds to production, what role will each Co-Developer ideally have on the production (e.g. writer; director; producer; consultant)? 

6. Costs

A. Have the Co-Developers incurred development costs? What are they?
B. Will the Co-Developers be required to contribute funds for the development of the project?
C. Will costs be pre-approved by all Co-Developers?
D. Will the Co-Developers apply for any development grants from Government Screen Agencies?
E. Who controls the funds? Are there any specific book-keeping requirements?

7. Approvals and Decision Making

A. Will agreements with any third parties for the development of the project require pre-approval of the Co-Developers??
B. How will creative decisions regarding the development of the project be made? (E.g.by a majority vote, unanimous vote, or does one Co-Developer have the final say?)
C. How will business decisions regarding the development of the project be made? (E.g.by a majority vote, unanimous vote, or does one Co-Developer have the final say?)
D. Are the Co-Producers entitled to engage third parties to provide services for the co-production? If so, do they require the permission or approval from the otherCo-Producer(s) to do so? 
E. Does a Co-Developer need to seek permission or approvals from the otherCo-Developer(s) to enter into agreements or sign documents in relation to the project?

8. Leaving the Venture

A. How can a Co-Developer leave or be kicked-out of the project?
B. What are the consequences for a Co-Developer terminating the Agreement?

9. Special Conditions

A. Are there any special conditions that apply to this project or the arrangements between theCo-Developers?

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