Co-Production Agreement Checklist

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If you’re a film or television producer or you run a production company and you’re looking to develop a project with another producer or production company, it’s important to have a Co-Production Agreement in place.

There are several issues you should address in a Co-Production Agreement, including services, ownership, fees and funding. This Co-Producer Agreement Checklist covers some of the key issues that should be addressed when looking to make a co-production of 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-Production Agreement Checklist if you would like us to get started drafting a Co-Production 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 or co-production?
B. Provide a brief description of the project or co-production 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

A. What percentage of the project or co-production will each Co-Producer own?
B. What exactly will each Co-Producer own (e.g. format rights, merchandise rights, book rights, film rights, rights in the name of the production, rights in the script etc)?

3. Services, Contribution and Deliverables

A. What services will each Co-Producer provide?
B. What contributions will each Co-Producer be obliged to make (e.g. financial contributions, loans or equipment)?
C. What time commitments are required from each Co-Producer?
D. What is the fee payable to each Co-Producer?
E. When will the fee be paid to each Co-Producer (e.g. as an hourly rate, as a lump sum, or after certain goals are met)?
F. What deliverables is each Co-Producer obliged to deliver and when?

4. Funding

A. What are the costs of the development and/or co-production?
B. Who makes decision and has the final say in regards to budgets?
C. Who will have control over the development and/or production funds? Will there be a separate bank account?
D. How will income made from the co-production be split between the Co-Producers and when will it be paid?
E. Are there any specific book-keeping requirements?

5. Decision Making

A. How will decisions regarding the co-productions be made (e.g. by a majority vote, or does one Co-Producer have the final say)?
B. 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 other Co-Producer(s) to do so?
C. Does a Co-Producer need to seek permission or approvals from the other Co-Producer(s) to enter into agreements or sign documents in relation to the co-production?

6. Credit and Promotion

A. How will each Co-Producer be credited?
B. What control does each Co-Producer have over the credits and promotion of the co-production?
C. Does each Co-Producer have to participate in the promotion of the co-production?

7. Options for Further Services

A. Will each Co-Producer have an option or a right of negotiation to provide services in connection with future productions based on this Co-Production?
B. Will there be restrictions on any of the Co-Producers' activities during the development and/or production period?

8. Leaving the Venture

A. How can a Co-Producer leave or be kicked-out of the venture (i.e. terminate this Co-Production Agreement)?
B. What are the consequences for a Co-Producer terminating the Agreement (e.g. specific notice periods, a reduction in profit share, responsibility for any debts and/or claims)?

9. Special Conditions

A. Are there any special conditions that apply to this co-production or the arrangement between the Co-Producers?

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