Check Sheet and Planning Guide for Any Producer Attempting to Acquire Rights to Musical, Television, Theatrical, New Media or Film Properties

Outlined below is a comprehensive check sheet and planning guide for any producer attempting to acquire rights to musical, television, theatrical or film properties.

1. What rights are being granted?

- Rights in a pre-existing property?
- Rights in a life story?
- Rights in a newly created work, like a script?
- Rights of privacy and publicity?
- Rights to use name, likeness and biography in advertising?
- Rights in a title?
- Rights to change, alter and edit?
- Rights in any successor work?
- Is the grant exclusive?
- Is the grant irrevocable?
- Is there any obligation to use the material?

2. Are there any reserved rights?

- Live stage rights?
- Publication rights?
- Any holdbacks?

3. What markets and media are covered?

- All television, film and related rights?
- Broadcast television?
- Standard cable?
- Pay cable?
- Multipoint service?
- Open video system and video dial tone?
- Home video?
- Business and educational video?
- Direct broadcast satellite?
- Multimedia?
- Other new technologies?
- Theatrical film?
- Book publishing?
- Merchandising?

4. What territories are covered?

- The whole universe?
- The U.S., its territories and possessions?
- North America?
- English-speaking countries?
- Europe?
- Japan?
- Other specific territories?

5. Is the deal an option?

- How long is the option?
- Can it be extended?
- Will force majeure extend it?
- Are there successive dependent options?
- How is the option exercised?

6. Is it a firm deal?

- Are there any preconditions?
- Is it pay-or-play?

7. What payments must be made for the rights?

- Is there an option payment?
- Is there an option extension payment?
- Do the option payment(s) apply against the purchase price?
- What is the purchase price?
- 'When is it paid?
- What uses does the purchase price cover?
- Are there additional payments due for additional uses or subsequent productions?
- Is there a profit share or other back-end participation being granted?
- Are there any expenses to reimburse?

8. What representations and warranties should be given?

- Is the work either original or in the public domain?
- Does the grantor own the rights and have the rights to grant them?
- Does the work contain any libelous or slanderous material?
- Does the work violate any rights of privacy or publicity?
- Does either the work or its intended use violate any rights of any third parties?

9. Is either party giving an indemnity?

- Does the indemnity cover alleged breaches, or only actual breaches?
- Does the indemnity cover attorney's fees and costs?
- Who controls the defense and settlement of any claim?

10. Are the agreement and the rights granted assignable?

- If so, does the original purchaser remain liable?

11. Does the grantor get a credit?

- Is it in the lead or tail credits?
- Is it on a single card or is it shared?
- Is it a verbal credit?
- Is there any credit obligation in advertising and promotion?
- Are the consequences of a failure to give credit limited in the customary way?

12. Are there limitations on the grantor's remedies?

- Are injunctions prohibited?
- Is recision prohibited?

13. Is there any union or guild involved?

- If so, what impact does it have?