CONTRACTS FOR DRAMATIC PRODUCTIONS Standard Form of Minimum Dramatic Contract for Production of Play, Adopted by the Authors' League of America, Inc., and the Producing Managers' Association 1 Williston Sections 850, 1015, 1450; THIS AGREEMENT made and entered into this. of.... 19., by and between. ... hereinafter referred to as the Manager, and. day hereinafter referred to as the Author WITNESSETH: WHEREAS, the Author is the sole author and owner of a certain original play or dramatic composition provisionally entitled... ...and WHEREAS, the Manager desires to obtain the exclusive right to produce and perform the said play in the United States of America and the Dominion of Canada, and WHEREAS, the said Author is willing to grant to the said Manager the exclusive rights to produce the said play in the said territory under certain terms and conditions; NOW THEREFORE, in consideration of the premises and the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. The Author hereby leases to the Manager the sole and exclusive right of presentation on the regular speaking stage in the United States of America and Dominion of Canada, of the play now entitled ... on the covenants and conditions hereinafter mentioned. 2. The Manager agrees upon the signing of this contract to pay to the Author... receipt of which sum is hereby acknowledged, as an advance upon royalties accruing as provided in Section 3 hereof. This sum shall be the absolute property of the Author and shall not be returnable in any event. 3. The Manager agrees to pay to the Author, or his duly 1 Formal phrases which have no bearing on the content of the form have been omitted. authorized representative, not later than ten days following each and every calendar week during which a performance of the said play shall have been given, a sum, equal to of the first...... thousand dollars gross weekly box office receipts from all sources whatsoever on account of said play and .of the next...... thousand dollars gross weekly box office receipts as aforesaid and . . . . . . . . . of all gross weekly box office weekly box office receipts as aforesaid in excess of. . . . . thousand dollars, and to render at the same time authenticated and accurate weekly statements of the gross box office receipts from each and every performance, exhibition, representation, and production of the said play by each and all companies in the United States of America and Dominion of Canada during such calendar week, said statement to be signed by the Treasurer or Treasurers of the theatre in which any and all such representations, exhibitions, performances or productions are given and countersigned by the Manager or his duly authorized representative. The term "gross weekly box office receipts from all sources whatsoever" as used in this agreement shall be construed to include any sums over and above regular box office prices of tickets received by the Manager from speculators, ticket agencies or other persons and any other additional sums whatsoever, received by the Manager on account of said play. It is mutually agreed by the parties hereto that if the said play shall be performed by more than one company each company shall be considered as a separate undertaking and the royalties accruing from each company shall be computed and paid separately according to the provisions set forth. 4. If the said play is ever used in repertoire or broken weeks, as an original or first class production (as distinguished from stock or stock repertoire), it is agreed that the royalties as aforesaid in either or in both of these events shall be reckoned in groups of eight performances, such eight performances to constitute a week for the purpose of paragraph 3 of this agreement. 5. The Manager agrees to produce said play for a consecutive run in an evening bill in a first class manner and with a first class cast in a first class theatre, in a first class city in the United States or Canada within six months from the date of this agreement, and if the said play is not produced and presented by the said Manager within the said time, the said Manager agrees that all rights in and to the said play and all rights granted by this contract shall forthwith cease and determine and shall revert to the said Author, unless the said Manager, on or before the expiration of the said time shall have paid to the Author a further sum equal to the first payment as provided for in paragraph 2 herein which sum shall be regarded as additional advance royalty. If such payment is made, then and in that event, the Manager shall have, for such payment, an extension of the date of the first production of the said play for a further period of six (6) months. If the said play is then not produced, the Manager agrees forthwith to return to the said Author, all manuscripts and parts of the said play in his possession or under his control, and shall lose all rights in and to the said play and all rights granted to him by this contract shall revert to the Author forthwith. 6. The Manager agrees to announce the name of the Author as sole Author of said play in all advertising matter in which the name of the Manager appears. 7. The Manager agrees to produce the play without any additions, omissions or any alterations whatsoever, except such as may be specifically authorized by the Author in writing, and with a cast and production approved by the Author, such approval not to be unreasonably withheld. The Author shall be notified of rehearsals and shall have the right to attend any and all rehearsals of said play, and it is further agreed that this covenant is of the essence of this agreement. In the event of any dispute arising from this clause the matter shall be referred to the arbitration committee as provided for in Paragraph 21 of this agreement. 8. The Manager further agrees to pay such hotel and travelling expenses as the Author has incurred in taking any trips outside of New York City to attend any preliminary rehearsals prior to the opening performance of the said play, and to the opening performance of said play, and at any other time when the Manager shall request the presence of the Author. 9. It is mutually agreed between the parties hereto that provided the Manager has presented the said play for three (3) consecutive weeks in New York City or Chicago or seventy-five times (75) under his own direction within one year after the first performance of the said play; or in the event the Manager has produced said play forty (40) or more of the aforesaid seventy-five (75) times and pays to the author the pro rata average royalty for the remaining performances not given, and providing that he has complied with all the terms and conditions of this contract, then and in that event, and in that event only, the net royalty derived from the performances of the said play in stock theatres and by stock companies in the territory covered by this agreement shall be divided one-half (12) to the said Manager and onehalf (12) to the said Author. It is further understood and agreed that the said play shall be released for production by Stock Companies and in Stock Theatres within a reasonable time after the play has ceased to be presented as a road attraction as the term is understood theatrically. For the purposes of this agreement the road attraction shall be considered to have ceased if the play has not been produced for four (4) consecutive weeks in any one theatrical year dating from September first of one year to June first of the following year. It is further understood and agreed between the Manager and the Author that the Agent who is authorized to make stock leasings of the said play shall be mutually agreed upon by the Manager and the Author and shall pay the Author's share of the royalty earned from stock performances of the said play direct to the Author. 10. It is mutually agreed between the parties hereto that provided the Manager complies with all the terms and conditions of this contract and has produced the said play three (3) consecutive weeks in New York City or Chicago or seventy-five (75) times after the first performance of the said play; or in the event the Manager has produced said play (40) forty or more of the aforesaid seventy-five (75) times and pays to the Author the prorata average royalty for the remaining performances not given, then when said play or a novelization of said play is sold or leased for the purpose of reproduction by means of motion picture films, the net profits derived from the sales or leasings of all the motion picture rights in said play shall be divided one-half (1⁄2) to the said Manager and one-half (1⁄2) to the said Author. It is further understood and agreed that if the Manager acquires an interest in the proceeds derived from the sale of the motion picture rights of the said play as aforesaid, then when the said play is sold for reproduction by means of motion picture films it must be with the mutual consent of the Manager and the Author who must be signatories to the contract together with the Purchaser of these rights. It is further agreed that should the Manager fail to submit to the Author a satisfactory offer for the motion picture rights to said play within twelve (12) months after the first stock production of the said play, then the Author shall have the right to submit to the Manager an offer for the said motion picture rights which offer the Manager shall accept or in lieu thereof pay to the Author a sum equal to one-half (1⁄2) of the offer submitted by the Author, the Manager by such payment acquiring for himself all of the said motion picture rights to the said play so negotiated. 11. It is understood and agreed that if during any calendar year commencing after the season in which the play has ceased as a road attraction, as in Paragraph 9 herein provided, said play is not presented by said Manager or in stock as much as seventy-five (75) times, then the stock and stage performing rights shall revert to the Author. 12. It is mutually agreed by the parties hereto that the exclusive rights acquired by the Manager under this agreement are the English speaking rights to said play, but the Manager and the Author shall divide equally the net proceeds from the sale of the Yiddish or any other foreign language rights to the said play in the territory covered by this contract, it being understood and agreed by the Manager and Author that the sale of the Yiddish or any other foreign language rights to said play in the territory covered by this contract must be with the mutual consent of the Manager and the Author. 13. It is mutually agreed between the parties hereto that provided the Manager shall have produced the said play in accordance with the terms of this contract as set forth in Paragraph 5 hereof, and within the time herein stated, and in the manner herein provided for, in the United States of America or in the Dominion of Canada, and shall have faithfully performed all the other terms and conditions of this agreement, he |