Short Script option Checklist

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If you are optioning a script for a short film, it’s important to set out the terms of the arrangement in an Option Agreement.

An Option Agreement covers issues including copyright ownership, payment, term, what’s expected to be delivered and rights and restrictions moving forward. Before a producer does anything with the script, 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 Script Option 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!

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1. Parties and Project

A. What is the name or working title of the project or production?
B. Provide a brief description of the project or production including the genre, length and synopsis.
C. What is the name, ABN and address of the Writer?
D. What is the name, ABN and address of the legal owner of the rights in the script?
E. What is the name, ABN and address of the person/entity seeking the option rights?
F. Is the Script based on any other existing work?

2. Fees

A. Will there be an upfront option fee?
B. Will there be an extension fee?
C. What sums will be paid to the writer/owner if the project goes to production (e.g. 'purchase price', 'royalties', etc)?
D. How will the sums payable be calculated/decided (e.g. profit share split, consultancy fees, percentage of production budget)?
E. At what times will such payments be made? Or, what events will trigger such payments?

3. Term

A. How long will the option last?
B. Are there any extension periods?
C. Are there any time period restrictions to complete production once the option is exercised?

4. Services and Deliverables

A. What services (if any) will be provided by the writer (e.g. consultation, script writing, researching, promotional activities, pitching to networks/producers, production, delivery of materials/research etc)?
B. How much time (if any) is the writer required to commit to the project?
C. What needs to be delivered to the person obtaining the option?

5. Rights and Restrictions

A. Has any other party ever been granted rights in the script, concept or underlying work?
B. Does the writer/owner own any rights in the proposed name of the script?
C. Will the writer/owner reserve any rights? (Consider radio plays, other audio visual format rights, theatre productions, any ancillary rights such as merchandise)
D. Will the writer/owner be restricted from consulting other parties or engaging in other activities relating to the script and/or the content of the script?

6. Approvals

A. Are there any specific approvals (or rights of consultation) required from either party (e.g. creative, financial, production elements, etc)?

7. Credits

A. Any specific credits required?

8. Special Conditions

A. Are there any special conditions (i.e. unusual elements or anomalies) that apply to the arrangement, script, underlying work, relationship, project or production?

Your Details

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