Production AgreementsCongratulations. Your play has been selected for production. When will it be done? For how many shows? Will you get paid? What rights are you giving to the theater? These and many other questions need to be addressed in a production agreement that clearly spells out the terms. When one of my published plays is performed, these details are covered by the publisher. Previously, the publisher and I have come to agreement on the terms for my play, such as royalties for the play (usually 50% of what the publisher collects), royalties for copies of the script (usually 10% of what the publisher collects), what rights are being given to the theater company (usually only the performing rights), and many of these other usual items. However, when a theater company wants to produce one of my unpublished plays, then I have to work the business end (I don't have an agent), and deal with the company directly to detail these out. Two noteworthy points:
Naturally, all rules have exceptions:
The agreements I generally use are about one-page long. They generally start out with a few statements of fact, such as: WHEREAS, Dave Brandl, P.O. Box 234, Denver, CO, 80201 (the "Playwright") has written a play entitled, "The Greatest Play Ever," (the "Play"); and WHEREAS, Some Theater Group, 123 4th St., Sometown, USA, 00000 (the "Group"), desires to produce the Play, beginning June 1, 2004, and concluding August 31, 2004, (the "Show Dates"); for a total of twenty-five (25) performances; and WHEREAS, Emma Director (the "Director") will direct the Play. Don't let the WHEREAS's confuse or intimidate you. They simply state the fundamental elements that are the basis of the agreement. After that, there is a segue statement: NOW, therefore, the below signed parties do agree to the following: Then follows the meat of the agreement. Most of it is standard to production agreements between publishers and theater companies.
The copyright of the article Production Agreements in Playwriting is owned by Dave Brandl. Permission to republish Production Agreements in print or online must be granted by the author in writing.
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