Download Australian Writers` Guild Theatre Industry Agreement

8/50 Reservoir Street
Surry Hills NSW 2010
Telephone 02 9281 1554
Fax 02 9281 4321
[email protected]
www.awg.com.au
ABN 30 002 563 500
President Tim Pye
Emeritus President David Williamson
Australian Writers' Guild
Theatre Industry Agreement
IMPORTANT NOTE:
This publication is provided by the AWG as a sample and for information purposes only. No person should rely on the contents
of this publication without first obtaining advice from a qualified person as to their suitability to a specific project. The AWG, its
employees and consultants, and any authors of this publication, expressly disclaim any liability to any person in relation to
anything done, or not done, by any person in reliance on any part of this publication.
Page 2 of 26
AGREEMENT
Made this ............................ day of ......................................... 2...............
BETWEEN
AUSTRALIAN WRITERS’ GUILD LIMITED
of
8/50 Reservoir Street Surry Hills New South Wales (“the AWG”)
and
.............................................................................................................................
THE THEATRE COMPANY
of
.............................................................................................................................
(“the Producer”)
WHEREAS
A.
B.
C.
D.
E.
It has been agreed that this Agreement and the individual Author’s Standard Play
Commissioning Agreement (“the Commissioning Agreement”) and Standard
Licensing Agreement (“the Licensing Agreement”) annexed at Schedules A and B
govern the minimum terms and conditions of the commissioning of playwrights by
the Producer and the licensing of rights as specified in this Agreement by the
Author to the Producer of any original Play written by the Author for use as a
dramatic work for performance.
The Producer recognises the AWG as the representative of writers of dramatic
works (“Authors”) resident in Australia for the purposes of collective bargaining
and the establishment of minimum terms and conditions.
It has been agreed that the Producer shall pay to all other theatre companies
within Australia who are also signatories to this Agreement all agreed amounts, as
specified in Clause 5 below, for the further exploitation of a Play originally given its
world premiere production by a theatre company within Australia. A list of
Australian theatre companies signatory to and bound by this Agreement is
annexed at Schedule C.
It has been agreed that the fees and percentages payable to producers under this
Agreement shall be regarded as maximum fees and percentages.
It has been agreed that this Agreement shall be for a term of three (3) years
commencing on ............................................. and continuing after that until
terminated by either of the parties on three (3) months’ notice in writing.
THE PARTIES AGREE:
1.
INTERPRETATION AND DEFINITIONS
1.1
In the interpretation of this Agreement unless the context otherwise requires:
a) Words importing the singular shall include the plural and vice versa;
b) Words importing one gender shall include other genders;
c) Expressions are used as in the Copyright Act 1968 (Commonwealth);
d) All sums are expressed and payable in Australian dollars;
e) The words “all theatre companies” shall denote Australian theatre
companies which are signatory to this Agreement.
1.2
In this Agreement unless the context otherwise requires the following expressions
shall have the following meanings:
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
E-mail <[email protected]> Web site <http://www.awg.com.au>
Page 3 of 26
Amateur performances: all performances of a Play using only non-professional
actors (ie an actor who is not a member of the appropriate performing arts union
or guild) who receive no form of remuneration for their contribution.
Author: the dramatist, collaborator, adaptor (except in the case of literal
translation) or lyricist whose literary material is used in a Play.
First class performances: professional live stage productions of a Play under the
Producer’s own management.
Gross box office receipts: all sums received by the Producer from all ticket sales
to a Play, less credit card charges and/or agency or other booking fees.
Original Producer: the theatre company or individual representative of the theatre
company responsible for the production of the world premiere of an original Play.
Overseas and Overseas Territories: all territories of the world excluding the
Commonwealth of Australia and its external territories.
Professional Production/Performances: all performances of a Play using paid
professional actors and for which performances a charge is made to members of
the viewing audience.
Recorded Media Versions: includes radio, film and television productions of the
Play in the English language. The foregoing shall be considered Recorded Media
Versions regardless of the method or mode of reproduction, projection,
transmission, exhibition or delivery used.
Text: the draft of a Play existing at the time that a licensing agreement is entered
into by an Author and a Producer and which includes:
(i) the wording of the Play whether this be dialogue, stage directions,
explanations, introductory material, suggestions, concepts, ideas or any other
matters contained within the wording; and
(ii) where the text is accompanied by illustrations, designs, music or other material
not the copyright of the Author but the use of which forms an integral part of the
Play, the design of that usage.
World Premiere: the first professional production of a Play anywhere in the world,
consisting of not less than twenty-one (21) first class performances.
World Premiere Season: consecutive weeks of performances of the World
Premiere production, during which not less than twenty-one (21) first class
performances of the Play are produced in any one theatre venue, and for which
the dates and theatre venues of such Season are specified in the Licensing
Agreement.
2.
2.1
2.2.
2.3
2.4
COMMISSIONING FEE
The commissioning fee payable by the Producer to an Author for the writing of an
original Play shall be that fee negotiated between the Author and the Producer
and shall be payable as follows:
50% on signing of the Commissioning Agreement;
50% on delivery of the Play.
The commissioning fee shall not be refundable and in no event shall be
considered as an advance against royalties payable in respect of any production
of the Play.
The Author’s commission shall be confirmed in writing in the form of the
Commissioning Agreement annexed at Schedule A.
In the event that the Producer decides, within the terms of the Commissioning
Agreement, not to proceed with a production of the Play all rights in the Play shall
remain vested in the Author free of any claims by the Producer.
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
E-mail <[email protected]> Web site <http://www.awg.com.au>
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3.
3.1
3.2
3.3
3.4
4.
4.1
4.2
4.3
4.4
5.
5.1
5.2
6.
6.1
LICENSING AGREEMENT
Where the Author agrees to grant to the Producer an exclusive licence to perform
a Play, the terms of the licensing agreement shall be confirmed in writing in the
form of the Licensing Agreement annexed at Schedule B.
In any event the exclusive licence period shall not extend beyond twelve months
from the date of the first Professional Performance of the Play, except where a
season of longer duration than twelve months has been agreed to by the Author
and the dates and theatre venues of such season are specified in the Licensing
Agreement.
The Producer shall not have the right to perform the Play outside Australia and its
territories.
The Author shall retain print publication, radio, television, film and all other rights
whatsoever in the Play.
AUTHOR’S ROYALTY
The Producer shall pay to the Author not less than 10% of the gross box office
receipts from all performances of the Play, except where the Author has written a
literal translation of an existing literary work in which case the minimum royalty
payable shall be 6.5%.
The Producer shall have no rights whatsoever in the royalties of the Author from
the Play whether within the period of the licence or outside that period.
Within fourteen (14) days of the last performance of the Play, or within fourteen
(14) days from the end of the licence period, whichever is the earlier, the Producer
shall supply to the Author certified weekly returns of the receipts at each
performance of the Play and shall pay to the Author all sums due on these returns
and payable to the Author.
The Author shall be entitled to have all the books of account of the Producer in
relation to the Play examined independently at the Author’s expense. Should an
accounting discrepancy be found to have occurred of 10% or more in the
Producer’s favour then the Producer shall be responsible for the expense of the
examination of the books of account.
ORIGINAL PRODUCER’S ROYALTY
Where a Producer has produced the World Premiere production in Australia
consisting of not less than twenty-one (21) first class performances of an original
stage play (in this Agreement called “the Original Producer”) such Original
Producer shall be entitled to receive a royalty of one per cent (1%) of gross box
office receipts from all subsequent professional performances of the Play within
Australia within a period of two (2) years following the expiration of the first
exclusive licence period or within two (2) years following the date of the last
performance of the World Premiere Season, whichever is the earlier.
The Original Producer’s Royalty payable by the producer/s of subsequent
productions of the Play shall be paid in addition to the Author’s royalty and shall
not be payable by the Author, and in any event shall never be deducted from the
Author’s royalty.
USE OF THE PLAY IN THE RECORDED MEDIA
In the event that recorded media rights in a Play are assigned by the Author to a
party other than the Original Producer within a period of two (2) years following
the expiration of the first exclusive licence of the Play, the Original Producer shall
be entitled to receive a royalty from the producer of the Recorded Media Version
equivalent to five per cent (5%) of fees paid to the Author for the licence and/or
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
E-mail <[email protected]> Web site <http://www.awg.com.au>
Page 5 of 26
6.2
6.3
6.4
7.
7.1
7.2
8.
9.
9.1
9.2
9.3
assignment of recorded media rights. This royalty shall be paid only in connection
with Recoded Media Versions of the Play and shall be paid in addition to the
Author’s negotiated fees for recorded media rights in the Play.
In the event that the Author of the Play is commissioned to write a version of the
Play for recorded media use, no royalty shall be paid to the Original Producer on
the Author’s fee for writing the new version except where the Author negotiates
one payment for both the writing and the assignment of rights in which case the
fee for the rights shall be deemed to be fifty per cent (50%) of that negotiated
payment.
Any royalties paid to an Original Producer in the event of Recorded Media
Versions of a Play shall be paid separately to, and never be deducted from, the
Author’s negotiated fee for the assignment of rights in the Play for such versions.
Where a World Premiere production of a Play has been preceded by a produced
version of the work in the recorded media, the Original Producer shall not be
entitled to receive any royalty whatsoever from the producer of a Recorded Media
Version.
STAGE PRODUCTIONS OUTSIDE AUSTRALIA
In the event that a Play is licensed for English language stage production
overseas within a period of two (2) years following the expiration of the first
exclusive licence period the Original Producer shall be entitled to receive a royalty
from the overseas theatre producer at the conclusion of each season of one per
cent (1%) of gross box office returns from all first class performances of the Play.
The Original Producer acknowledges the principle that any royalties paid to an
Original Producer in the event of professional performances of the Play in
overseas territories shall be paid separately and in addition to the Author’s
negotiated royalties for such performances.
NO HINDRANCE TO FURTHER EXPLOITATION OF THE PLAY BY THE
AUTHOR
The Original Producer will waive payment of Original Producer’s Royalties in such
instances where the Author, in good faith, can show that compliance would harm
the opportunities for further exploitation of the Play by the Author both within
Australia and overseas or where the Author has earned less than $30,000 from
professional performances of the Play within Australia.
ACCREDITATION
The Author’s name shall be billed in all paid advertising of the Play and on all
printed program and posters and in all other publicity arranged by the Producer,
including directory advertising, and shall not be given less size and prominence
than that given to the Director unless agreed to by the Author.
The Producer agrees to credit the Original Producer of a Play on all printed
programs and posters, the wording of which shall be the same, or similar to, the
following: “[title of production] was first produced by [name of theatre company] in
[year]”.
The Author will request subsequent Producers of stage productions and of
Recorded Media Versions of a Play (unless a World Premiere stage production
has been preceded by a Recorded Media Version of the work), and publisher/s of
printed forms of the Play, to credit the Original Producer, the original Director and
the original cast on all printed programs and published forms of the Play, and to
credit the Original Producer in the opening title sequence of all Recorded Media
Versions of the Play, provided that the Original Producer acknowledges that the
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
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Page 6 of 26
Author cannot guarantee such accreditation in programs or publications over
which he/she does not have control.
10.
10.1
10.2
10.3
NO ALTERATIONS TO TEXT
No alterations to the text of the Play shall be made without the written permission
of the Author and the copyright in any such alterations shall be owned by the
Author.
An alteration to the text shall include any alteration of the wording of the text
whether by addition, deletion or rearrangement; any reordering of the action
indicated in the text; any rearrangement of the order of scenes or sections of
scenes; any addition to, or deletion of, the Author’s stage directions specified in
the text ie. the use of action, props, lighting, sound or scenery.
The Author shall clear copyright in any materials not his/her own but which the
Author intends to be used in production of the Play, and the Producer shall not
claim copyright accruing to the Author in such materials.
11.
AUTHOR’S RIGHTS OF APPROVAL
The Author shall have the right to approve the choice of Director, cast, designer/s
and any other artistic personnel assigned to the production provided that such
approval shall not be unreasonably withheld by the Author.
12.
AUTHOR’S ATTENDANCE AT REHEARSALS
The Author shall have the right to attend any auditions to select cast and the right
to attend all rehearsals, providing that the Author shall not interfere with the proper
duties of the Director and shall not give instructions to cast members but shall
make any suggestions in regard to the performance of the Play only to the
Director.
13.
NO COMMERCIAL ADVERTISING OR BROADCAST
There shall be no commercial advertising or promotion or similar performance or
broadcast of any portion or combined portions of the Play in excess of five (5)
minutes or any performance of segments of the Play without the Author’s written
permission and without an agreed additional payment to the Author.
14.
TERMINATION
If the Producer shall at any time fail or neglect to observe any of the provisions of
the Licensing Agreement, or if the Producer shall fail to render any accounts
required or to make payments due to the Author within fourteen (14) days of
receiving a written request from the Author to do so, then the Licensing
Agreement may be terminated immediately by the Author by notice in writing from
the Author to the Producer but without prejudice to any claim the Author may have
against the Producer for payments due, whether in arrears or accruing.
15.
DISPUTES
If any dispute arising under this Agreement is not resolved expeditiously between
the Author and the Producer it shall be referred to an Arbitration Committee
consisting of one representative appointed by the AWG on behalf of the Author,
one appointed by the Producer and one independent person appointed by both
parties.
16.
AWG MEMBERSHIP
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
E-mail <[email protected]> Web site <http://www.awg.com.au>
Page 7 of 26
The AWG shall ensure that, for the duration of this Agreement and any extension
of it, the AWG will be an open professional association and that it will use its best
endeavours to ensure that its members comply with and observe the provisions of
this Agreement and conduct themselves in a professional manner in consideration
of which the Producer undertakes to use its best endeavours to ensure that all
Australian Authors contracted by the Producer shall be members of the AWG.
THE PARTIES HAVE EXECUTED THIS AGREEMENT AS FOLLOWS:
SIGNED FOR AND ON BEHALF OF THE AUSTRALIAN WRITERS’ GUILD:
..............................................................................................................................
IN THE CAPACITY OF
..............................................................................................................................
(POSITION)
IN THE PRESENCE OF
..............................................................................................................................
(WITNESS’ SIGNATURE)
SIGNED FOR AND ON BEHALF OF
..............................................................................................................................
THE THEATRE COMPANY:
..............................................................................................................................
(SIGNATURE)
IN THE CAPACITY OF
..............................................................................................................................
(POSITION)
IN THE PRESENCE OF
..............................................................................................................................
(WITNESS’ SIGNATURE)
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
E-mail <[email protected]> Web site <http://www.awg.com.au>
Page 8 of 26
AUSTRALIAN WRITERS' GUILD
STANDARD PLAY COMMISSIONING AGREEMENT
THEATRE INDUSTRY AGREEMENT SCHEDULE A
AGREEMENT dated
BETWEEN
of
(“the Author”)
AND
of
(“the Producer”)
WHEREAS:
A
The Producer wishes to commission the Author to write a full length/one act
(delete one) dramatic work to be entitled
...........................................................................................
(“the Play”).
B
The Author warrants that s/he at the completion of the work will be the sole
beneficial owner of the copyright in the Play.
C
The
Author
agrees
to
................................................... (date)
deliver
the
Play
on
or
before
THE PARTIES AGREE:
1.1
The terms of the Theatre Industry Agreement of 1995 between the theatre
companies referred to in that agreement and the Australian Writers’ Guild Limited
(“the AWG”) are incorporated into this Agreement insofar as its terms are not
inconsistent with the terms of this Agreement. A copy of the Theatre Industry
Agreement is Annexure 1.
2.1
The commissioning fee will be .................................... ($.........)DOLLARS.
2.2
Payment to the Author of the above fee shall be made as follows:
50% on signing of this Agreement $.........
50% on delivery of the Play $.........
2.3
In no event shall the commissioning fee be regarded as an advance against
royalties payable in respect of any production of the Play.
2.4
The commissioning fee is non-returnable in any event.
3.1
On delivery of the completed Play to the Producer, the Producer shall have
.................................... (.........) WEEKS in which to decide to accept or reject the
Work.
3.2
During such period the Author may be requested to make reasonable
amendments and alterations to the Play by the Producer and the Author shall
make such amendments and alterations as are mutually agreed; and the Author
shall co-operate with the Producer in a workshop of the Play in the event of the
Producer deciding to workshop the Play.
3.3
The Producer shall elect at its absolute discretion to accept or reject the Play at
the expiry of the .................................... (.........) WEEKS referred to in Clause 3.1.
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
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Page 9 of 26
3.4
Should the Producer fail to advise the Author of its intentions at the expiry of the
period specified in Clause 3.1, the Company shall be deemed to have rejected the
Play.
4.1
In the event of the Producer’s acceptance of the Play and in consideration of the
commissioning fee as specified, the Author shall grant to the Producer an
exclusive option to perform the Play professionally on the stage in the city/ cities
of .................................... in the state/s of .................................... Australia, for a
period of .................................... (.........) MONTHS from the date of such
acceptance, but in any case being no longer than twelve (12) months from the
date of the first Professional Performance of the Play except where a season of
longer duration than twelve months has been agreed to by the Author and the
dates and theatre venues are specified in the Licensing Agreement.
4.2
In the event of the Producer’s rejection of the Play all rights in the Play shall
remain vested in the Author free and clear of any claims by the Producer.
4.3
In the event of the Producer’s failure to exercise the option referred to in Clause
4.1 within .................................... (.........) MONTHS of the date of the Producer’s
acceptance of the Play, all rights in the Play shall revert to or remain vested in the
Author free and clear of any claims by the Producer.
5.1
In the event that the Producer shall accept the Play then the Author and the
Producer shall execute a Standard Licensing Agreement for Original Stage Plays
(‘the Licensing Agreement’) under the terms of the Theatre Industry Agreement of
1995.
5.2
In the event that the Producer shall accept the Play, the Producer shall pay to the
Author the sum of .................................... ($.........) DOLLARS as a non-returnable
advance against future royalties as described in the Licensing Agreement.
5.3
The Producer shall not be entitled, by reason of commissioning the Play, to dictate
the subject, form or content of the Play.
6.1
If any dispute arising under this Agreement is not resolved between the Author
and the Producer it shall be referred to an arbitration committee consisting of one
representative appointed by the Producer, one representative appointed by the
AWG on behalf of the Author, and one independent person appointed by both
parties.
7.1
All payments due to the Author shall be made payable to the Author/the Author’s
agent (delete one) at the following address:
..............................................................................................................................
SIGNED BY THE AUTHOR
.........................................................
In the presence of (Witness)
..........................................................
SIGNED FOR AND ON BEHALF OF THE PRODUCER
................................................................................
In the presence of (Witness)
................................................................................
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
E-mail <[email protected]> Web site <http://www.awg.com.au>
Page 10 of 26
AUSTRALIAN WRITERS' GUILD
STANDARD LICENSING AGREEMENT FOR ORIGINAL STAGE PLAYS
THEATRE INDUSTRY AGREEMENT SCHEDULE B
AGREEMENT dated
..............................................................................................................................
BETWEEN
..............................................................................................................................
of
(“the Author”)
..............................................................................................................................
AND
..............................................................................................................................
of
(“the Producer”)
..............................................................................................................................
WHEREAS:
A.
The
Author
has
written
the
play
called
.....................................................................................
(“the Play”) and wishes to license its use to the Producer on the terms and conditions
appearing in this Agreement.
THE PARTIES AGREE:
1.
INCORPORATION OF TERMS OF THEATRE INDUSTRY AGREEMENT
1.1
The parties agree that the terms of the Theatre Industry Agreement of 1995
between the theatre companies referred to in that agreement and Australian
Writers’ Guild Limited (“the AWG”) are incorporated into this Agreement insofar as
its terms are not inconsistent with the terms of this Agreement. A copy of the
Theatre Industry Agreement is Annexure 1.
2.
AUTHOR’S WARRANTIES AND INDEMNITY
2.1
The Author warrants that the Play is original, that s/he owns the copyright in it,
that s/he has the power to make this Agreement, and that to the best of her/his
knowledge and belief the Play is not defamatory.
2.2
The Author will indemnify the Producer against any proper claims, costs or
damages arising from any breach of the warranty in 2.1 provided that any such
claims, costs or damages do not arise because of material supplied or changes
made in the Play by or at the direction of the Producer, its servants or agents.
3.
GRANT OF LICENCE
3.1
The Author grants to the Producer the exclusive licence to perform the play
professionally
for
the
stage
in
the
city/cities
of
.......................................................................................................................
.......
in the state/states of.............................................................................. Australia
for the period of .................................... (.........) MONTHS from the date of this
Agreement, but in any case being no longer than twelve (12) months from the
date of the first Professional Performance of the Play except where a season of
longer duration than twelve months has been agreed to by the Author and the
dates and theatre venues of such season are specified in this Agreement.
4.
4.1
MINIMUM NUMBER OF PERFORMANCES
The Producer shall present at least .................................... (.........) first class
performances of the Play within the period specified in Clause 3 of this Agreement
(being not less than 21).
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
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Page 11 of 26
5.
5.1
5.2
5.3
6.
6.1
7.
7.1
7.2
7.3
8.
8.1
8.2
8.3
AUTHOR’S ROYALTY
The Producer shall pay a royalty to the Author of TEN PERCENT (10%) of the
gross box office receipts from all performances of the Play excluding credit card
charges and/or agency or other booking fees.
The Producer shall have no rights whatsoever in the royalties of the Author from
the Play within the period of the licence or outside that period.
Within FOURTEEN (14) days of the last performance of the Play at each venue,
or within 14 days from the end of the licence period, whichever is the earliest, the
Producer shall supply to the Author certified weekly returns of the receipts at each
performance of the Play and shall pay to the Author all sums due on these returns
and payable to the Author under Clause 5. The Author shall be entitled to have all
the books of account of the Producer in relation to the Play examined
independently at the Author’s expense. Should an accounting discrepancy be
found to have occurred of 10% or more in the Producer’s favour then the Producer
shall be responsible for the expense of the examination of the books of account.
AUTHOR’S NON-RETURNABLE ADVANCE
At the date of this Agreement, the Producer shall pay to the Author the sum of
.................................... ($.........) as a non-returnable advance against the royalties
referred to in Clause 5.
NO ALTERATIONS TO TEXT
No alterations to the text of the Play shall be made without the written permission
of the Author and the copyright in any such alterations shall be owned by the
Author. For the purpose of this Agreement “the text” includes (i) the wording of
the Play whether this be dialogue, stage directions, explanations, introductory
material suggestions, concepts, ideas or any other matters contained within the
wording and (ii) where the text is accompanied at the time of this Agreement by
illustrations, designs, music or other material not the copyright of the Author but
the use of which forms an integral part of the Play, the design of that usage. The
Author shall clear copyright in any materials not his/her own but which the Author
intends to be used in production of the Play, and the Producer shall not claim
copyright accruing to the Author in such materials.
An alteration to the text shall include any alteration of the wording of the text
whether by addition, deletion or rearrangement; any reordering of the action
indicated in the text; any rearrangement of the order of scenes or sections of
scenes; any addition to, or deletion of the Author’s stage directions specified in
the text ie: the use of action, props, lighting, sound or scenery.
The parties shall endeavour to finalise the text before Day 1 of rehearsals.
PRODUCER’S OBLIGATIONS
The Producer shall be responsible for communicating those parts of the contents
of this Agreement which may be specified by the Author to those engaged on the
production of the Play.
The Producer shall observe the confidential nature of those matters relating to the
Play that the Author specifies at the date of this Agreement and as set out in
Schedule 2.
Within SIX (6) WEEKS of the date of the first performance of the Play the
Producer shall supply to the Author, at the Producer’s expense, a clear typed copy
of the final text (in the case of a premiere production), a set of at least FOUR (4)
photographs of the production (to be quality prints selected from the Producer’s
publicity contact sheets by the Author and of 8 x 10 format), THREE (3) posters
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Page 12 of 26
9.
9.1
and THREE (3) handbills if printed, THREE (3) copies of the program, and a FULL
set of reviews.
FURTHER DRAFTS BY AUTHOR
Further draft or drafts of the Play shall not exceed an agreed number. A further
draft is defined as any alterations which in the reasonable opinion of the Author
and the Producer constitute more than two days’ work. Should the Author and the
Producer agree to a further draft beyond that stipulated the Producer shall pay the
Author for such further draft calculated at the same minimum daily rate as paid to
actors under the Actors’ (Theatrical) Award, 1992 (as amended from time to time).
10.
10.1
AUTHOR’S RIGHTS OF APPROVAL
The Author shall have the right to approve of the Director, cast and designer/s
provided that such approval shall not be unreasonably withheld by the Author.
11.
11.1
AUTHOR’S ATTENDANCE AT REHEARSALS
The Author shall have the right to attend any auditions to select cast and the right
to attend all rehearsals, provided that the Author shall not interfere with the proper
duties of the Director and shall not give instructions to cast members but shall
make any suggestions in regard to the performance of the Play only to the
Director and shall abide by the Director’s code of conduct in the rehearsal room.
12.
12.1
ACCREDITATION
The Author’s name shall be billed in all paid advertising of the Play and on all
printed programs and posters and in all other publicity arranged by the Producer,
including directory advertising, and shall not be given less prominence than that
given to the Director, unless the Author’s written agreement has been obtained.
13.
13.1
NO COMMERCIAL ADVERTISING OR BROADCAST
There shall be no commercial advertising or promotion or similar performance or
broadcast of any portion or combined portions of the Play in excess of FIVE (5)
MINUTES or any performance of segments of the Play without the Author’s
written permission and without an agreed additional payment to the Author.
14.
14.1
OTHER RIGHTS
The Author shall retain print publication, radio, television, film and all other rights
whatsoever in the Play subject to Clause 20.2 below.
15.
15.1
LICENCE TO AMATEUR COMPANY
The Author will not grant a licence to an amateur company, or a licence for
reproduction of the Play by means of radio, television broadcasting or
cinematographic film within the territory licensed and within the period specified in
this Agreement without the permission of the Producer.
16.
16.1
AUTHOR’S TRAVEL AND ACCOMMODATION EXPENSES
The Producer shall pay to the Author reasonable travel and accommodation
expenses to attend the Australian premiere performance of the Play and to attend
rehearsals of the Play.
17.
17.1
WORKSHOPS
A fee equal to the minimum daily rate as paid to actors under the Actors’
Theatrical Award shall be paid by the Producer to the Author in the event of the
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Page 13 of 26
Author’s attendance at a workshop of the Play taking place between the signing of
this Agreement and the expiry of the licence, unless the workshop is provided for
under the Commissioning Agreement.
18.
18.1
18.2
18.3
TICKETS
The Producer shall provide the Author with a minimum of EIGHT (8)
complimentary tickets for the opening performance of the Play, except in theatres
where audience capacity is 200 seats or less in which case the Producer shall
provide the Author with a minimum of FOUR (4) complimentary tickets to the
opening performance.
The Producer shall offer the Author additional tickets for subsequent
performances at concession prices, subject to availability.
The Author shall have the right to attend at no cost any or all performances of the
Play, subject to availability of seats.
19.
19.1
ASSIGNMENT OF THE AGREEMENT
Neither party shall purport to assign this Agreement or grant or assign any right,
licence, sub-licence or interest under it to any third party, whether at law or
otherwise, without the prior written permission of the other party.
20.
20.1
ACCREDITATION AND ONGOING ROYALTIES FOR ORIGINAL PRODUCER
Should the Play, in the case of a World Premiere production, at a time beyond the
licence period referred to in Clause 3 be presented elsewhere in Australia or the
world, or published in printed form, the Author agrees to request the second
producer and/or the publisher to credit the Original Producer, original Director and
original cast responsible for producing the premiere production in any program or
publications related to the second production, and to credit the Original Producer
in the title sequence of a subsequent Recorded Media Version of the Play,
provided that the Producer acknowledges that the Author cannot guarantee such
accreditation in programmes or publications over which he/she does not have
control.
The Producer shall be entitled to such ongoing royalties as are specified in the
Theatre Industry Agreement of 1995 (Annexure 1).
20.2
21.
21.1
TERMINATION
If the Producer shall at any time fail or neglect to observe any of the provisions of
the Agreement, or if the Producer shall fail to render any accounts required or to
make payments due to the Author within FOURTEEN (14) DAYS of receiving a
written request from the Author to do so, then this Agreement and the licence
granted under it may be terminated immediately by the Author by notice in writing
from the Author to the Producer but without prejudice to any claim the Author may
have against the Producer for payments due, whether in arrears or accruing.
22.
22.1
DISPUTES
If any dispute arising under this Agreement is not resolved expeditiously between
the Author and the Producer it shall be referred to an Arbitration Committee
consisting of one representative appointed by the AWG on behalf of the Author,
one appointed by the Producer and one independent person appointed by both
parties.
23.
PAYMENT
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Page 14 of 26
23.1
All payments due to the Author shall be made payable to the Author/the Author’s
agent (delete one) at the following address:
..............................................................................................................................
..............................................................................................................................
SIGNED BY THE AUTHOR
.................................................................
IN THE PRESENCE OF
.................................................................
(WITNESS)
SIGNED FOR AND ON BEHALF OF THE COMPANY
..................................................................
IN THE PRESENCE OF
...................................................................
(WITNESS)
AUSTRALIAN WRITERS' GUILD
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
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Page 15 of 26
COMMISSIONING AGREEMENT
THEATRE-IN-EDUCATION and COMMUNITY THEATRE
AGREEMENT
DATED
..............................................................................................................................
BETWEEN
..............................................................................................................................
of
..............................................................................................................................
(‘THE AUTHOR’)
AND
..............................................................................................................................
of
..............................................................................................................................
(‘THE THEATRE COMPANY’)
WHEREAS:
A.
The Theatre Company desires to commission the Author to write a
..............................................................................................................................
play
entitled
..............................................................................................................................
(‘the Work’) for the purpose of live performance by the Theatre Company.
B.
The Author agrees to write the Work and grant such rights on the terms and
conditions specified in this Agreement.
IT IS AGREED:
1.
The commissioning fee will be .................................... ($.........)
2.1.
2.1.1
2.1.2
2.2.
Payment to the Author of the fee referred to in Clause 1. shall be made as follows:
On the signing of this Agreement: .................................... ($.........)
On delivery of the Work: .................................... ($.........)
The commissioning fee shall be non-returnable in any event.
3.
The
Work
shall
be
delivered
on
or
before
.......................................................................................................................
.......
(‘DELIVERY DATE’)
3.1.
The Theatre Company shall elect at its absolute discretion to accept or reject the
Work within .................................... (.........)WEEKS of the Delivery Date.
3.2.
Should the Theatre Company fail to advise the Author of its intentions at the
expiry of the period specified in Clause 3.1. the Theatre Company shall be
deemed to have rejected the Work.
3.3.
In the event of the Theatre Company’s rejection of the Work all rights in the Work
shall remain vested in the Author free and clear of any claims by the Theatre
Company.
4.
In the event of the Theatre Company’s acceptance of the Work and in
consideration of the commissioning fee and royalties as specified in this
Agreement the Author shall grant to the Theatre Company a licence to perform
the Work in the State of .................................... for a period of
.................................... (.........) MONTHS from the date specified in Clause 3.1
provided that the Theatre Company shall pay the Author for all performances a
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Page 16 of 26
royalty of TEN PER CENT (10%) of the gross box office takings or
.................................... ($.........) per performance, whichever is the greater.
5.
The effect of this Agreement and the provisions of any services by the Author
under it shall in no way constitute an assignment or licensing of copyright in the
Work other than set out in this Agreement, and all rights other than the live
performance rights specified in Clause 4 shall remain the property of the Author.
6.
If the Author is required to travel to any place more than FIFTY (50) kilometres
beyond the city in which s/he resides, the Theatre Company shall provide
reasonable and proper travel and accommodation for the Author as well as
reasonable expenses incurred by the Author during the period s/he is away from
the city in which s/he resides or in the alternative pay the Author a living-awayfrom-home allowance of .................................... ($.........) per week (pro-rata per
day).
7.
If in order to fulfil his/her obligations hereunder the Author is required by the
Theatre Company to use his/her own motor vehicle s/he will be paid a travel
allowance of .................................... (.........) CENTS per kilometre.
8.
No textual changes shall be made to the Work without the Author’s permission
and the copyright in such alterations shall be owned by the Author.
9.
Within SIX (6) WEEKS of the date of the first performance of the Work, the
Theatre Company shall provide the Author with a set of at least TWO (2)
photographs of the production, a copy of the program and a full set of reviews of
the Work.
10.
The Author shall have the right to attend all rehearsals and previews of the
production based on the Work s/he has written.
11.
The Author undertakes to meet his/her obligations under this Agreement to the
best of his/her creative and artistic skills and technical ability in accordance with
directions from time to time given by the Theatre Company and in collaboration
with such person or persons as the Theatre Company may designate.
12.
Within FOURTEEN (14) DAYS of the last performance of the Work each month
the Theatre Company shall supply the Author with certified weekly returns of the
takings at each performance for the previous month, together with all sums due on
these returns. The Author shall have the right to have all the related books of
account examined independently at the Author’s expense.
13.
The Author’s name shall be billed in all paid advertising of the Work and on all
printed programs and posters and in all other publicity arranged by the Theatre
Company and shall be given prominence no less than that given the director.
14.
If the Theatre Company at any time fails or neglects to observe any provisions of
this Agreement, or if the Theatre Company fails to render any accounts required
or to make payment due to the Author within FOURTEEN (14) DAYS of receiving
a written request from the Author to do so, then this Agreement and any licence
granted under it may be terminated immediately by notice in writing from the
Author to the Theatre Company but without prejudice to any claim the Author may
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Page 17 of 26
have against the Theatre Company for payment(s) due, whether in arrears or
accruing, or otherwise under this Agreement.
15.
Neither party to this Agreement shall purport to assign this Agreement or grant or
assign any right, licence or interest under it to any third party, whether at law or
otherwise, without the prior written consent of the other party.
16.
If any dispute arising under this Agreement is not resolved expeditiously between
the Author and the Theatre Company it shall be referred to an arbitration
committee consisting of one representative appointed by the Theatre Company,
one representative appointed by the Australian Writers’ Guild and one
independent person appointed by both parties.
..............................................................................................................................
SIGNED BY THE AUTHOR
....................................................................
In the presence of (Witness)
....................................................................
SIGNED FOR AND ON BEHALF OF THE THEATRE COMPANY
.....................................................................
In the presence of (Witness)
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AUSTRALIAN WRITERS' GUILD
LICENSING AGREEMENT
THEATRE-IN-EDUCATION and COMMUNITY THEATRE
(May be read alone or in conjunction with AWG BASIC AGREEMENT FOR
PLAYWRIGHTS-IN-RESIDENCE)
AGREEMENT DATED
....................................................................................................................(date)
BETWEEN
..............................................................................................................................
(‘THE AUTHOR’)
..............................................................................................................................
of
..............................................................................................................................
AND
..............................................................................................................................
of
..............................................................................................................................
(‘THE THEATRE COMPANY’)
WHEREAS the Theatre Company is desires to acquire a licence to perform the Work
written by
the Author and the Author agrees to grant such rights on the terms appearing in this
Agreement.
IT IS AGREED:
1.
The Author grants the Theatre Company an exclusive licence to perform the play
called
..............................................................................................................................
(‘THE WORK’)
professionally for Community Theatre/Theatre-in-Education audiences in the normal
venues in which such performances are given in the State of
....................................
2.
The exclusive licence referred to in Clauses 1 and 3 of this Agreement shall be for
a period of .................................... (.........) MONTHS from the date of this
Agreement. (Choose appropriate Clause 3: see Guidelines)
3.
On signing of this Agreement the Theatre Company shall pay to the author the
sum of .................................... ($.........) DOLLARS being a non-returnable
advance against the royalties referred to in 3.2. hereunder.
In consideration of the licence granted the Theatre Company shall pay to the
Author a royalty of TEN PER CENT (10%) of the gross box office takings from the
performances of the Work, or .................................... ($.........) DOLLARS per
performance, whichever is the greater.
4.
5.
The Author grants the Theatre Company an exclusive licence to perform the Work
.................................... (.........) TIMES free of royalties. Such performances shall
take place within the first THREE (3) MONTHS of the premiere season of the
Work.
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Page 19 of 26
6.
The Theatre Company shall pay the Author for all further performances a royalty
of TEN PER CENT (10%) of the gross box office takings from the performances of
the Work, or .................................... (.........) DOLLARS per performance,
whichever is the greater.
7.
The effect of this contract and the provisions of any services by the Author under
this Agreement shall in no way constitute an assignment or licensing of copyright
in the Work other than provided, and all rights other than limited live performance
rights a specified in this Agreement shall remain the property of the Author.
8.
The Author warrants that the work is original, that s/he owns the copyright in it,
that s/he has the power to make this Agreement, and to the best of his/her
knowledge the work is not defamatory.
9.
The Author will indemnify the Theatre Company against any proper claims, costs,
or damages arising from any breach of the warranties specified in Clause 5.
10.
No textual changes shall be made to the Work without the Author’s permission
and the copyright in such alterations shall be owned by the Author.
11.
The Author shall have the right to attend all rehearsals and previews of the
production based on the Work s/he has written.
12.
Within SIX (6) WEEKS of the date of the first performance of the Work, the
Theatre Company shall provide the Author with a set of at least TWO (2)
photographs of the production, a copy of the program and a full set of reviews of
the Work.
13.
Within FOURTEEN (14) DAYS of the last performance of the Work the Theatre
Company shall supply the Author with certified weekly returns of the takings at
each performance, together with all sums due on these returns. The Author shall
have the right to have all the related books of account examined independently at
the Author’s expense.
14.
If the Theatre Company shall at any time fail or neglect to observe any provisions
of this Agreement, or if the Theatre Company shall fail to render any accounts
required or to make any payment due to the Author within FOURTEEN (14) DAYS
of receiving a written request from the Author to do so, then this Agreement and
any licence granted under it may be terminated immediately by notice in writing
from the Author to the Theatre Company but without prejudice to any claim the
Author may have against the Theatre Company for payment(s) due, whether in
arrears or accruing.
15.
The Author’s name shall be billed in all paid advertising of the Work and on all
printed programs and posters and in all other publicity arranged by the Theatre
Company and shall be given prominence no less than that given the director.
16.
Neither party to this Agreement shall purport to assign this Agreement or grant or
assign any right, licence or interest under it to any third party, whether at law or
otherwise, without the prior written consent of the other party.
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17.
If any dispute arising under this Agreement is not resolved expeditiously between
the Author and the Theatre Company it shall be referred to an arbitration
committee consisting of one representative appointed by the Theatre Company,
one representative appointed by the Australian Writers’ Guild and one
independent person appointed by both parties.
SIGNED BY THE AUTHOR
............................................................
In the presence of
............................................................
(Witness)
SIGNED FOR AND ON BEHALF OF THE THEATRE COMPANY
.............................................................
In the presence of
.............................................................
(Witness)
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Page 21 of 26
WRITER-IN-THE-COMMUNITY AGREEMENT
* Delete as applicable
This is an agreement between:
..............................................................................................................................
of
..............................................................................................................................
(the “Writer”)
..............................................................................................................................
and
..............................................................................................................................
of
..............................................................................................................................
(the “Employer”)
Whereby the Employer agrees to employ the Writer on the following terms
1.
Term of Employment
The term of employment
....................................
2.
shall
run
from
....................................
to
Salary
The Employer agrees to pay the Writer the sum of .................................... ($.........)
per week/fortnight*
3.
Financial Administration
The Writer and Employer acknowledge that this program is made possible by a
grant/s of .................................... ($.........)from
..............................................................................................................................
and that financial administration of the grant shall be the responsibility of the Employer.
4.
Employer’s Agents.
The Employer appoints the following persons as its agents
..............................................................................................................................
and
..............................................................................................................................
who have the power to bind the Employer and make decisions on matters arising from
this agreement.
5.
Object of Employment
(a)
The Writer will act as Writer-in-the-Community, based at
..............................................................................................................................
for the participating communities of
..............................................................................................................................
(b)
The Writer will work on the project described in the attached Schedule (the
“Project”);
(c)
The Writer will work for a maximum of ........ days per week on the Project
allowing ........ day(s) per week on his/her own work;
(d)
The Writer undertakes to make himself/herself available to members of the
community (the “participants”) to work towards the aims of the Project by:
........................................................................................................................
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Page 22 of 26
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
6.
Consultation
The Writer will consult with
........................................................................................................................
concerning
........................................................................................................................
........................................................................................................................
7.
Assistance
The Employer will provide the following assistance to the Writer for the Project:
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
........................................................................................................................
8.
Access to Facilities and Vehicle*
(a)
The
Employer
will
arrange
access
to:
.......................................................................................................................
.
........................................................................................................................
........................................................................................................................
(b)
(ii)
(i) The Employer will provide the Writer with access to a vehicle for travel to the
Project’s other sites and local travel*;
The Employer is responsible for:
fuel costs*;
insurance*;
repairs and maintenance of the vehicle.*
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9.
Materials
Purchase of all materials and equipment necessary to the Project shall be the
responsibility of the Employer and shall be purchased in consultation with the
Writer at the Employer’s cost.
10.
(a)
Volunteers
All volunteers working on the Project are to be the responsibility of the Employer,
although the Writer agrees to direct and supervise the volunteers.
The Employer will ensure it takes out and maintains adequate insurance cover for
all volunteers involved in the Project.
(b)
11.
Promotion and Publicity
Promotion and publicity for the Project will be the responsibility of the Employer in
consultation with the Writer.
12.
(a)
Copyright
The Writer owns copyright in any written material which he/she writes as his/her
own work in the course of this employment*;
The Writer*/Employer*/participants* jointly* own copyright in any group devised
written material produced by the collaboration of the Writer and the participants;
Copyright in an individual work created by a participant is owned by the participant
who created such individual work;*
The Writer*/Employer* jointly* own copyright in an anthology of individual works of
the participants;*
The Writer grants to the Employer a non-exclusive licence to reproduce, publish
and perform his/her own work*.
(b)
(c)
(d)
(e)
13.
Royalties
The Employer will pay royalties to the Writer at the following rates on the following
works:
......... % of ...........................................................................................................
......... % of ...........................................................................................................
......... % of ...........................................................................................................
......... % of ...........................................................................................................
14.
Authorship and Attribution
The Writer will be acknowledged as the Writer-in-the-Community. Notices
including the Writer’s name will be provided by the Employer and publicly
displayed with activities and publications (posters, books and all other products)
created in the course of this employment and in any publications or displays which
occur after the completion of the Project that occur as a result of the Project.
All items produced for publicity, exhibition or otherwise will properly attribute the
role of the Writer.
15.
Maintenance
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Page 24 of 26
The Employer agrees to properly maintain the publications created in the course
of this employment.
The Employer agrees not to alter, add to, mutilate or distort the publications nor
allow any other person to do so.
16.
(a)
Documentation
The parties agrees that the Project will be documented in the following way:
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
(b)
(c)
17.
(a)
(b)
(c)
..............................................................................................................................
This material will be compiled by the Employer;
The Writer will participate in the evaluation of the Project and will provide the
Employer with a written report. The Employer will provide the Writer with a copy of
the report of the Project.
Archive
The Employer may establish and maintain an archive describing the creation of
the Project. Any such archive shall contain all documentation of the Project;
If an archive is maintained, its principal purpose will be to provide a non-lending,
non-commercial reference resource. If either party wishes to make or permit other
use of it, prior written consent to such use shall be obtained from the other party.
Such consent will not be unreasonably withheld;
The Employer promises that it will:
(i) properly maintain the archive;
(ii) not use, nor intentionally permit others to use the archival material for any
purpose other than those listed above, without prior written consent from the
Writer; and
(iii) return all such material to the Writer in the event that the archive is
disassembled .
18.
Taxation
The Employer will make PAYE deductions from the Writer’s salary in each pay
period.
19.
Superannuation
The Employer will pay superannuation contributions for the Writer, in accordance
with the superannuation guarantee legislation, into a fund as directed by the
Writer, or failing that, a recognised and approved fund.
20.
Insurance
The Employer agrees:
(a) to take out and maintain a Worker’s Compensation Insurance Policy in favour of the
Writer;
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Page 25 of 26
(b) to take out and maintain adequate public liability insurance cover and to
indemnify the Writer against all or any claims by third parties against the Writer
arising in the course of this employment.
21.
(a)
(b)
Hold-ups and Extensions
This agreement will be extended, if funding is available, to cover delays caused by
strikes, non-availability of materials, severe weather, injury or illness of the Writer,
acts of God, failure of Employer to carry out obligations or other hold-ups caused
by the Employer, its servants or agents;
This agreement may be extended, if funding is available, to allow the Writer to
undertake *
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
22.
Sick Days*
The Writer will be allowed ..... days of sick leave on full pay during the term of this
agreement.
23.
Holidays*
The Writer will be allowed ..... days/weeks* paid holidays during the term of
his/her employment, together with any public holidays which fall during the term of
this agreement.
24.
Accommodation*
The Employer will arrange suitable accommodation for the Writer and his/her
family*/at a cost to the Writer of $..... per ..... / at no cost to the Writer*.
25.
Travel*
The Employer will pay the Writer an allowance of $..... per ..... for travel expenses.
26.
Childcare*
The Employer will arrange adequate childcare facilities for the Writer at no cost to
the Writer.
27.
(b)
Termination
This agreement may be terminated:
immediately by the Writer if the monies payable under clause 2 remain
outstanding for more than ..... days/weeks*;
by the Employer if the Writer is in breach of his/her obligations under clause 5 or 6
of this agreement. The Employer must give written notification of the breach to the
Writer, who will have ..... days/weeks* within which to remedy the breach. If the
breach is not remedied within this period, the Employer may terminate the
agreement by giving the Writer written notice of the termination.
28.
Entire Agreement and Amendment
(a)
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Page 26 of 26
This agreement constitutes the entire agreement between the parties and may be
amended only in writing signed by both parties.
29.
Disputes
The parties will submit any dispute which arises out of this agreement to
mediation in accordance with the rules of the Arts Law Centre Mediation Service,
a program of the Arts Law Centre of Australia, prior to having recourse to
arbitration or litigation.
30.
Jurisdiction
This agreement shall be construed in accordance with the law of
........................................................ (State of residence of Writer).
..............................................................................................................................
Signed by the Writer:
........................................................ Date)
..............................................................................................................................
Signed for and on behalf of the Employer
........................................................ (Date)
SCHEDULE
The Project
The aims of the Project:
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
The Writer will achieve these aims by:
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
Australian Writers' Guild <ABN 38 002 563 500> 8/50 Reservoir Street Surry Hills 2010 (p) 02 9281 1554 (f) 02 9281 4321
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