Short production collaboration Checklist

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If you are entering a collaboration with others on a production, it’s important to set out the terms of the arrangement in a Short Production Collaboration Agreement.

A Short Production Collaboration Agreement covers issues including financial commitment and contributions, fees and profit share, copyright ownership, what’s expected to be delivered when, and termination. Before a collaboration begins, all the terms and conditions should be agreed upon, so the checklist below will help determine what factors need to be discussed and confirmed.

Fill out the checklist below to get started with a Short Production Collaboration Agreement. If you can’t answer certain questions, you’ll probably need legal advice, so just put ‘I don’t know’ or get in touch!

1. Parties and Project

A. What are the names and roles of the collaborators?
B. Provide a brief description of the project or production including the genre, length and synopsis.

2. Financial Commitment and Contributions

A. What is the financial (or other) commitment from each party?
B. How can money be spent/costs incurred in relation to the project (perhaps defined/approved budgets)?

3. Fees and Profit Split

A. Will either party get a specific fee for services or a licence fee?
B. How will income/ profit be split?
C. What is the basis of calculation (gross vs net), and how is calculated (i.e. what deductions are allowed)?
D. What is the trigger for payment or any increase in profit share?

4. Term and Territory Rights

A. Will there be any time limits relating to the project (and any options to extend)?
B. Will there by any territory restrictions (and any options to expand)?
C. Will there be limits on rights of exploitation (media, methods, hold backs)?

5. Service, Activities and Responsibilities

A. What specific services are to be provided by each party? (E.g. production, marketing activities, delivery of material/products, manufacture and distribution, third party involvement)
B. What are the parameters (restrictions) of the activities and services to be covered under the agreement?
C. Are the parties allowed to work on other projects/ do similar deals?
D. Who will have the ultimate responsibility for certain tasks/activities/clearances/etc?

6. Deliverables and Ownership

A. What is the delivery commitment of each party (when, what, where, how, who)?
B. What are the parameters or the project? (E.g. timing, costs etc)
C. Who will own what (and are their restrictions on use)? (E.g. final product/ materials/ film, items purchased in making the film, rights to make further series/sequels/spin-offs etc).

7. Approvals/ Decision Making

A. What approvals will be required? (E.g project name, third party involvement, promo material, budget, product/content)

8. Termination

A. How can either party terminate (only in the event of a breach
B. What happens in the event of termination?

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