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Validity of a contract to write a script with producer not paid money
22-May-2023 (In Trademark & Copyright Law)
Sir, I'd been contracted by a film producer to write a film script on an idea developed by me in April 2012. I had furnished a draft in June. Since then there have been no movement on the script, neither I've been paid the contracted amount which was to be paid in stages, But since the production stag never arrived, I wasn't paid any more than the advance, about twenty percent of the total amount. There's also a clause in the contract that the producer shall have the rights in the said work in perpetuity. Kindly let me know if the contract is still binding on me after five years.
The contract would be binding on you, unless it is terminated earlier or the term specified in the contract has expired. It would be similarly binding on the film producer as well. Hence, if he has committed any breach of contract, you can initiate action against him. We will have to peruse the contract to check if the producer has committed breach of any payment terms.
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Adv. Kriti Deshpande
Pune | 25+ Answers
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A contract validity depends upon multiple factors such as the term, termination, clauses of the contract that govern the ownership of IP rights as well. It is advisable to consult a lawyer for understanding the contract clauses and accordingly advise you.
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Adv. Roshni Lachhwani
Mumbai | 100+ Answers
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In general terms, a contract is binding on both the parties until it is concluded by carrying out the obligations of both parties.
A clause with the wordings 'rights of work in perpetuity' is a little uncommon as it is called exclusive assignment of rights by the first owner. No one can assign a licence in perpetuity.
Although your right to file a suit against the producer may have been barred by limitation. I would need to read the whole contract and understand the terms to be sure.
If it is not barred by limitation, you can claim the specific performance of the contract and claim damages and interest also.
A clause with the wordings 'rights of work in perpetuity' is a little uncommon as it is called exclusive assignment of rights by the first owner. No one can assign a licence in perpetuity.
Although your right to file a suit against the producer may have been barred by limitation. I would need to read the whole contract and understand the terms to be sure.
If it is not barred by limitation, you can claim the specific performance of the contract and claim damages and interest also.
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