Licensing Agreement

AGREEMENT DATED ………. 20…
BETWEEN …Michael Olsen…….
(‘THE AUTHOR’)
of…Victoria, Australia………………
AND…………………………………………
of………………………………………………
(‘THE THEATRE COMPANY’)

WHEREAS the Theatre Company is desirous to acquire a licence to perform the Work written by the Author and the Author agrees to grant such rights on the terms appearing in this Agreement.

IT IS AGREED:

1. The Author grants the Theatre Company an exclusive licence to perform the play called………………………………(‘THE WORK’) for audiences in the normal venues in which such performances are given in the State/County of……………..

2. The exclusive licence referred to in Clause 1 and 3 of this Agreement shall be for a period of ……. (…….) MONTHS from the date of this Agreement.

3. In consideration of the licence granted the Theatre Company shall pay to the Author a fee of ……. dollars ($…….) for each performance of the Work.

4. The effect of this contract and the provisions of any services by the Author under this Agreement shall in no way constitute an assignment or licensing of copyright in the Work other than provided, and all rights other than limited live performance rights as specified in this Agreement shall remain the property of the Author.

5. The Author warrants that the work is original, that he owns the copyright in it, that he has the power to make this Agreement, and to the best of his knowledge the work is not defamatory.

6. The Author will indemnify the Theatre Company against proper claims, costs, or damages arising from any breach of the warranties specified in Clause 5.

7. No textual changes shall be made to the Work without the Author’s permission and the copyright in such alterations shall be owned by the Author.

8. The Author shall have the right to attend any auditions held to select cast, and the right to attend all rehearsals and previews of the production based on the Work he has written.

9. If the Theatre Company shall at any time fail or neglect to observe any provisions of this Agreement, or if the Theatre Company shall fail to render any accounts required or to make any payment due to the Author within FOURTEEN (14) DAYS of receiving written request from the Author to do so, then this Agreement and any licence granted under it may be terminated immediately by notice in writing from the Author to the Theatre Company but without prejudice to any claim the Author may have against the Theatre Company for payment(s) due, whether in arrears or accruing.

10. Neither party to this Agreement shall purport to assign this Agreement or grant or assign any right, licence or interest under it to any third party, whether at law or otherwise, without the prior consent of the other party.

11. If any dispute arising under this Agreement is not resolved expeditiously between the Author and the Theatre Company it shall be referred to an arbitration committee consisting of one representative appointed by the Theatre Company, one representative appointed by the Author and one independent person appointed by both parties.

12. The Author shall endeavour to the best of his ability to be available for publicity (print, radio, television, multimedia) and shall provide any material deemed necessary for the promotion of the Work.

13. The Author shall retain print publication, radio, television, film and all other rights whatsoever in the Work.

14. There shall be no commercial advertising or promotion or similar performance or broadcast of any portion or combined portions of the play in excess of FIVE (5) MINUTES or any performance of the Play without the Author’s permission and without an agreed additional payment to him.

15. The Theatre Company shall provide the Author with a minimum of TWO (2) complimentary tickets for the opening performance of the Work.

16. The Author shall have the right to attend at no cost any or all performances of the Work.

SIGNED BY THE AUTHOR………………………………….
In the presence of…………………………………(Witness)

SIGNED FOR AND ON BEHALF
OF THE THEATRE COMPANY………………………………….
In the presence of………………………………….(Witness)