When any motion picture is produced, the screenplay for the picture is written by the writer for the specific motion picture. But what proof due you have that the screenplay written by the writer employed by you for the screenplay is original, not copied from some other works, written for work on hire or no rights has been assigned to third party?
These reasons of originality and non copy right violation of third party makes it necessary that, the author should certify that the work written as hire, for the screenplay production company is original and written by him. The certification of the author is through the Certificate of Authorship – Work Made for Hire – Short Form agreement duly signed by him, and offered to the company showing that the work created by him for the specified screenplay is original and is the work made for hire.
The basic content of the Certificate of Authorship – Work Made for Hire – Short Form
Below given Certificate of Authorship – Work Made for Hire – Short Form template shows the nature of certification provided by the author to the producer showing originality of his work:
Certificate of Authorship – Work Made for Hire
– Short Form
The undersigned ____________ ("Writer"), hereby certifies as follows:
(1) That the screenplay entitled, ___________, ("Screenplay") formerly entitled __________________, and all literary material of all of the results and proceeds of Writer’s services in connection therewith, was written solely by the Writer as a work-for-hire, specifically commissioned by ________________ ("Owner") for use in connection with the production of a motion picture to be based thereon ("Picture"), with the Owner being deemed the author of the Screenplay.
(2) That the Screenplay is wholly original and has not been adapted from any other literary, dramatic or any other material of any kind or nature, excepting only incidental material which is in the public domain throughout the world; that the Screenplay does not contain any material which copies or uses the plot, scenes, sequences, story or characters of any other literary, dramatic or other work; that the Screenplay does not infringe upon any statutory or common law rights in any other literary, dramatic or other materials; that no material in the Screenplay is libelous or violative of the rights of privacy of any other person and the full use of the rights in the Screenplay herein granted to the Owner will not violate any rights of any person, firm or corporation, and that the Screenplay is not in the public domain in any country in the world where copyright protection is available.
(3) That the Owner owns, throughout the world, in perpetuity, all right, title and interest in and to the Screenplay and any and all parts thereof, including, but not limited to all motion picture rights, television rights, video rights, publication rights and merchandising and commercial tie- up rights. Such rights include all rights in and to the title by which the Screenplay is now, was or may hereafter be known, the theme thereof and the characters, story, ideas and all other elements therein contained or contained in any version thereof now or hereinafter created, sequel rights in the Screenplay and the rights to secure copyrights in the Screenplay and any motion picture or other use which is based in whole or in part upon the Screenplay in the name and of and for the benefit of the Owner or otherwise.
(4) That the Owner has the right, but not the obligation, to use the name of the Owner and/or the name, likeness and biography of the Writer as the author(s) of the Screenplay on the screen and in advertising and publicity in connection with the exploitation of any motion picture produced which is based in whole, or in part, on the Screenplay or in connection with the exploitation of any of the rights granted hereunder.
(5) That the Owner may make any changes in, deletions from, or additions to the Screenplay or any photoplay, production or other material based on the Screenplay which the Owner in its sole discretion may consider necessary or desirable. The Writer expressly waives, for his/herself, heirs, assigns, executors and administrators all rights of "Droit Moral" or any similar right under any law or legal principles.
(6) That with respect to any compensation or other consideration due the Writer in connection with the Screenplay or her services relating thereto, the Writer agrees to look solely to the Owner and will not assert any claim or demand with respect thereto against any assignee, grantee or successor in interest of the Owner.
(7) That the Owner may assign, transfer, license, delegate or grant all or any part of the rights, privileges and property relating to the Screenplay to any person, firm or corporation. This Certificate of Authorship shall inure to the benefit of the parties hereto and to their respective heirs, successors and assigns.
(8) That in the event of any act or omission of the Owner or any successor of the Owner constituting a violation or breach of the agreement between the Owner and the Writer, the Writer shall be limited to remedies at law, if any, to obtain damages, and the Writer shall have no right to rescind all or any portion of such agreement or to enjoin or restrain the distribution or exploitation of the Picture or any material based in whole, or in part, upon the Screenplay.
The Writer has caused this Certificate of Authorship to be executed as of this the _____________________ (date, month & year|