A writer agreement is a contract in which the said writer agrees to perform writing services in accordance with the proposed production as stated in the conditions and terms of the contract including the assignment, use of work, ownership of the work, performance standard, representations, indemnities, writing credit and binding effect, to name a few.
The terms and conditions of each contract vary according to the nature of the writing services and can be negotiated by both the writer and the employer until they reach agreed upon terms.
There are two standard writer agreements: one for writers who are directly employed and one for writers who work as loan outs. However, there are contracts for individual writers as well. A writer agreement can be short-form or long-form.
Who May Need Help With a Writer Agreement?
Is Help With a Writer Agreement Lawyer Necessary?
Contracts can be very complex documents, given their minute details and perplexed language, not to mention, they are legally binding. Therefore, having a Writer Agreement Lawyer, who understands the process and lingo of contracts, during the negotiation, can help ensure that all parties understand the exact terms and conditions they agree to.
For example, sometimes writer agreements contain hidden provisions or terms and conditions that one party didn't agree to. An attorney highly experienced in Entertainment Law can sort through the contract for hidden details as well as translate complex language to help eliminate unwanted provisions and disputes later on. And, in many cases, they may even be able to get the writer paid sooner.
How Can a Writer Agreement Lawyer Help?
Understand Options - If a writer has already produced a written work and has found someone interested in developing the work with a focus on the production of a project based on the work, the party producing the work will most likely want exclusive rights to the work as opposed to purchasing the written work immediately. During the option period, the employer will compensate the writer for the exclusive rights to the written work for a set amount of time, generally 6 months to a year, at which time they may further develop the work and secure funding for the project. An entertainment attorney is highly experienced in monetary options and can help negotiate a payment that is suitable for all parties involved.
Resolve Credit Issues - One of the rationales for a writer agreement is to determine who receives credit for the written work. Occasionally, a project is written by one writer and given "written by" or shared credit with someone else. This generally occurs in the event of rewrites, where subsequent writers have rewritten the initial work in such a way that it is no longer the initial writer's original story. An entertainment attorney understands credit conditions and can help ensure writers receive the credit they deserve as well as help resolve issues where the writer feels infringed upon.
Specific Performance - As a professional writer, you may be asked to render additional writing services such as rewrites, television or motion picture adaptions, collaborations, further films and television series etc., during which time you may be expected to meet certain deadlines, produce a certain number of drafts and more. An attorney experienced in Entertainment Law can help ensure that the writer understands the terms of the agreement and receives fair compensation for their work.
Speedy Negotiation - Writer agreements vary from writer to writer as well as from employer to employer, which can lead to a fairly lengthy process. An entertainment lawyer is highly experienced in the ins and outs of company bureaucracy including legal precedents and policies, which can slow or hinder the negotiation process. Perdomo, Klukosky, and Associates can help negotiate the terms of the agreement and in the quickest time possible.
Legal Assistance is An Important Tool During the Writer Agreement Process
A highly qualified entertainment attorney can serve as the spokesperson during the negotiation process to help ensure a fair deal for all parties involved, which helps eliminate disputes and saves time, frustration, and money later. As a professional writer, our Law Firm for Writer Agreements legal support can provide the confidence necessary to take your craft to the next level. For employers of writers, our highly experienced attorneys can assist in the drafting of your agreement, explicitly detailing writer obligations, as well as keep employers up to date on industry standards.
Please contact the business law Firm of Perdomo, Klukosky and Associates for assistance with writer agreements or entertainment law.