Shopping Agreement Deutsch
A purchase agreement or “producer purchase agreement” allows a producer or author to purchase a film or television project exclusively for financial organizations such as studios, networks and production companies for a specified period of time. A manufacturer should also pay attention to the scenario in which the manufacturer does the work of the legs to provide the IP address to a buyer, but the owner does not then enter into a contract with the same buyer until after the expiry of the sales contract. A language may be added prohibiting the owner, for a specified period after the expiry of the agreement, from entering into a contract with a buyer to whom the manufacturer has previously submitted the period of investigation, unless the manufacturer is attached. Such a clause is often accepted, namely that an agreement can be reached without the manufacturer`s commitment if the property has been substantially modified since its inception. If, at the expiry of the agreement, substantial changes have been made to the investigation period or if influential talent is attached to the project, the project`s market capacity may improve and justify why an agreement was not reached until after the manufacturer`s departure. Although purchase agreements are similar to option agreements, authors and producers should not be fooled by the idea that they are equivalent in all respects. A share purchase agreement (SPA) is an agreement that defines the terms of sale and purchase of shares of a company. On the other hand, in a purchase agreement, the author reserves the exclusive right to accept or disapprove. That means they could sell it to someone else.
The producer can make a solid offer to the author, but the author can veto it because he does not like the company, because they support themselves for an unrealistic amount of money or simply because they no longer like the producer. If you are developing a purchase agreement, you only have a limited amount of time to lead the project. That`s the way to shop. They are contractually obliged to open the property to potential buyers or financiers in order to get it out into the world. If you make one of these agreements, you will always receive them in writing. Oral agreements are beautiful, but they really do not have legal status. If you opt for the duration of the contract and compensation, it will be useful to get things on paper. The long road to putting a piece of intellectual property (IP) on the screen often begins from a legal point of view with the safeguarding of the rights to develop and manufacture the material. Traditionally, the holder of a script, format or other IP object and a manufacturer enter into an option agreement under which the manufacturer pays an initial option fee for the exclusive right to acquire the property within a specified time frame.
This window is intended to allow the manufacturer to launch the project. The bottom line, people seem to be worried about these agreements is the difference in the writer`s power to approve the terms of the sale of the property. Let`s compare a couple. However, a purchase agreement may be more advantageous for an owner if the property gains heat and generates interest after being purchased. In the absence of a pre-negotiated purchase price related to the property, as in the case of an option contract, an owner is free, as part of a purchase agreement, to negotiate a purchase price directly with the buyer and take advantage of the upward trend, including possible bidding wars. But the opposite also applies. For example, a screenwriter could enter into a purchase agreement for a well-written screenplay with commercial potential, but a film with a similar premise will be released shortly after and become a cash register bomb. Film and television trends are hesitant, the script can suddenly become dead in the water, without interested buyers re-breeding because of the risk of the same failure. The owner would be missing all the revenue he would otherwise have received if he had entered into an option contract. As discussed above, there are drawbacks and benefits for both purchase contracts and option agreements for each party.