Massachusetts Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights

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An option contract is a contract that gives the right to one party to enter into a second contract with the other party at a later date. In this type of contract, the prospective purchaser will be granted an option to purchase the property within a specified period of time. The prospective purchaser will pay the owner a sum of money since the owner is, in effect, taking the property off the market during the option period. If the prospective purchaser exercises his option during that time, a second contract is entered into regarding the sale of the property. If the option period expires, then neither party has any obligation to the other. The money paid to the owner for the option is retained by the owner.


The word copyright can be defined as a property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. Copyright protection may be received regarding a wide range of creative, intellectual, or artistic forms or works. These include poems, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, radio and television broadcasts. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. The United States copyright law is contained in Chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code.


A copyright is obtained simply by creating the work. It comes into existence automatically on the date it is created. However, in order to get federal protection of a copyright, the creator of the work has to file two copies of the work with the Copyright Office in Washington, D.C.


Copyright law is designed to create an incentive for creativity by allowing the author to profit from his work. The Act tries to balance this need to protect the author with the publics need for free and open discussion. A copyright owner has the exclusive right to:

" reproduce the work;

" prepare derivative works, such as a script from the original work (e.g., movie script for Book The Rainmaker);

" distribute copies or recordings of the work; and

" publicly display the work in the case of paintings, sculptures and photographs.


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  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights
  • Preview Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights

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FAQ

A short note explaining option and ?shopping? agreements for film and TV projects. An option agreement is made between a writer and a producer and grants the producer an exclusive option to buy the rights in the writer's work.

An option agreement (whether for life story or literary property) is an agreement whereby the purchaser (the Producer) pays a small amount of money so that the purchaser/producer may have the exclusive right to later purchase the movie rights associated with the life story or literary property.

The fact is, book authors rarely become wealthy from movie deals. When the screen rights are sold (or when the option is ?exercised?), the writer often gets a sum equal to about 2.5 percent of the budget. Keep in mind indie films are only made for a few million dollars.

Options ? An option agreement gives the industry partner opportunity to evaluate the technology and its value prior to finalizing the decision to license it and pay the licensing fee. It should be noted that if you sign an option agreement you do not gain the rights to commercialize the technology.

As a rule of thumb options are often 10% of the full purchase price, but the amount is negotiable. Sometimes sellers are willing to give a "free" option or an option for a nominal sum (e.g., "for ten dollars").

Option rates vary depending on the size of the production company and/or the prowess of your lawyer and whatever leverage they might have to work with. Typically the rates range from a few thousand dollars to 10% of the purchase price (if there ever is a sale).

An option agreement is made between a writer and a producer and grants the producer an exclusive option to buy the rights in the writer's work. A ?shopping? agreement allows the producer to represent the work but gives the producer fewer rights than an option and typically lasts for a shorter period.

While everything is negotiable, an option can range from $500?$500,000. A good gauge is 10% of the purchase price if the story rights are later bought.

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Massachusetts Option and Acquisition Agreement in Literary Work along with Motion Picture Rights, Television, Video and Electronic Reproduction and Distribution Rights