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MOTION PICTURE LITERARY OPTION AND PURCHASE AGREEMENT2
2026/05/31 20:38:07瀏覽28|回應0|推薦0

MOTION PICTURE LITERARY OPTION AND PURCHASE AGREEMENT2

(WRITER-ADVANTAGE / ENHANCED PARTICIPATION VERSION)

This Agreement is made as of __________ (“Effective Date”) by and between:

Writer / Rights Holder: ____________________ (“Writer”)
Address: ____________________

and

Producer / Production Company: ____________________ (“Producer”)
Address: ____________________


1. PROPERTY

Writer is the sole and exclusive owner of the original literary work:

Title: ____________________ (“Property”)

Producer desires to acquire motion picture rights subject to the terms herein.


2. OPTION GRANT

Writer grants Producer an exclusive option to purchase audiovisual rights.

  • Initial Option Period: ____ months
  • Extension Period (optional): ____ months with additional fee

All rights remain fully reserved by Writer unless exercised.


3. OPTION FEE

Producer shall pay Writer:

Option Fee: USD $ __________

Payment schedule:

  • 50% upon signing
  • 50% within ____ days

Payment via international wire transfer (SWIFT).


4. PURCHASE PRICE

If Producer exercises the option:

Purchase Price: USD $ __________

Payment schedule:

  • 30% upon exercise notice
  • 40% upon delivery of final shooting script
  • 30% upon commencement of principal photography

5. WRITER PARTICIPATION IN BOX OFFICE (MAJOR UPGRADE)

In addition to purchase price, Writer shall receive:

🎯 5% Gross Box Office Participation

Defined as:

  • 5% of worldwide gross box office receipts
  • Paid directly to Writer

Important protections:

  • This is gross participation (not net profit)
  • No deduction for marketing, distribution, or overhead
  • Payable within 30 days after each official box office reporting period
  • Applies to theatrical release, worldwide

6. SEQUEL / FRANCHISE CONTROL (KEY CLAUSE)

Writer retains first approval rights and participation rights over:

  • Sequels
  • Prequels
  • Spin-offs
  • Remakes
  • Reboots
  • Television adaptation
  • Streaming spin-off series
  • Franchise universe expansion

Conditions:

Producer may not proceed with any sequel or derivative work unless:

  1. Writer is offered participation in writing or consultation
  2. Writer receives first negotiation right (Right of First Negotiation)
  3. Writer approves the use of core characters and storyline continuation

If Writer declines participation:

  • Producer must still obtain Writer’s written waiver before proceeding

7. MERCHANDISING REVENUE (ENHANCED VERSION)

Writer shall receive:

  • ____% of all gross merchandising revenue
  • Includes: toys, apparel, collectibles, digital goods, licensing, theme park use

Paid quarterly with full accounting transparency.


8. CREDIT PROTECTION

Writer shall receive:

  • “Written by [Writer Name]” credit
  • No dilution, no shared parity credit unless agreed in writing
  • Credit placement shall be equal to or above director credit in billing block where customary

9. REVERSION CLAUSE (STRONG PROTECTION)

If Producer fails to commence principal photography within:

____ months after exercise

All rights automatically revert to Writer.

Writer retains all payments received.


10. DEVELOPMENT & REVISION FEES

All script revisions requested by Producer shall be separately compensated:

  • Major rewrite: USD $ __________ per draft
  • Minor revision: USD $ __________ per draft
  • Polish draft: USD $ __________

No unpaid development labor may be required.


11. RESERVED RIGHTS (WRITER RETAINS CONTROL)

Writer retains:

  • Publishing rights
  • Novelization rights
  • Stage adaptation rights
  • Audio/drama rights
  • AI / interactive adaptation rights
  • Theme park rights (unless separately negotiated)

12. CROSS-BORDER PAYMENT STRUCTURE

All payments shall be made in USD via international wire transfer.

Producer bears:

  • Bank fees
  • Currency conversion fees
  • Withholding taxes (if any)

Payment is only complete upon cleared funds.


13. TERMINATION & BREACH

If Producer fails payment obligations:

  • Immediate termination
  • Full rights revert to Writer
  • Paid amounts retained as liquidated damages

14. APPROVAL & CONSULTATION RIGHTS

Writer shall have:

  • Consultation rights on major script changes
  • Right to review final shooting script
  • Good faith consideration of creative input

15. GOVERNING LAW

________________________ (to be determined by mutual agreement)


16. ENTIRE AGREEMENT

This Agreement supersedes all prior discussions.


SIGNATURES

Writer: ____________________
Date: ____________________

Producer: ____________________
Date: ____________________

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