Model Film Agreement Contract

9.

Credit

Owner will receive credit that states the Author's name and that the Picture is based on the novels__________ :

    1. Positive Prints:   on the screen, on all positive copies of the Picture, on a separate card, in the main titles.  Such credit shall be accorded in a size of type (i.e., height, width and thickness), boldness, color, running time equal to the screenwriting credit; and

    1. Paid Advertising:  in the billing block of paid advertising issued or authorized by Purchaser or its assignees ("Paid Ads") if such paid advertising includes a billing block.  Purchaser's Paid Ads obligations as set forth herein shall be subject to customary distributor exclusions and the provisions of the Writer's Guild of America Basic Agreement, if applicable.

    1. Publisher: The U.S. Publishers of the Property will be accorded screen credit in the end crawl of the Picture.

    1. Derivatives; Owner's credit shall appear as set forth in (b) above wherever and whenever the full billing block is utilized on all ancillary products including, without limitation, soundtrack albums, merchandising, souvenir programs and DVD Packaging.

    1. General: Except for the foregoing, the size, placement, duration and all other characteristics of said credits shall be at Purchaser's sole discretion.  Purchaser shall use reasonable efforts to require its licensees and assignees and/or distributors to comply with the credit provisions hereof, provided that no breach of said provisions by a third party shall constitute a breach by Purchaser hereunder.  No casual or inadvertent failure to comply with the credit provisions set forth in this paragraph shall be deemed a breach by Purchaser.  Upon receipt of written notice from Owner of Purchaser's failure to properly accord credit to Owner as specified herein, Purchaser shall take such steps as are reasonably practicable to cure such failure on a prospective basis.

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    Commentary

    This establishes the way the Owner's contribution to the Property will be credited in the ultimate production.  Underlying works should be tied to the screenwriting credit. In the film space, credit should be provided in "paid ads" wherever the full billing block appears, as well as in excluded ads (all distributors have their own definitions of "excluded ads," meaning that they will not have to provide credit in certain "excluded" paid advertising, unless an "excluded ad" tie is given). This also provides that the publishers of the literary work will receive screen credit in the end crawl of the picture.