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RABISLIST-AGREEMENT-MOVIE-RABI |
WRITER AGREEMENT |
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This Writer Agreement is made on this 25th day of August,2024 at Cuttack (“Agreement”) |
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By and Between |
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Rabislist.com, a company incorporated under the laws of USA having its registered office located at |
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(hereinafter referred to as “Producer”, which expression |
shall, unless it be repugnant to the context or meaning thereof, mean and include administrators and |
assigns) of the FIRST PART; |
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AND |
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Mr Manas Ranjan Ojha, an Indian Inhabitant, presently residing at House no 8, Hanuman Sahi, Po- |
Choudwar, Dist- Cuttack , Odisha (hereinafter referred to as “Writer” which expression unless repugnant |
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shall deem to mean and include his/her legal heirs and executors) of the SECOND PART; |
‘Producer’ and ‘Writter’ shall hereinafter be jointly referred to as “Parties” and individually as |
“Party” wherever the context may so require. |
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WHEREAS: |
A. Producer is interalia engaged in the business of production & distribution of cinematograph films and is desirous of producing a Hindi language cinematograph film tentatively titled “Rabi” (“Film”). |
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B. Writer is a well-know and an author of repute and has written & developed various literary dramatic works for several films. |
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C. In pursuance to the discussions, the Writer has agreed to write the Story, Screenplay & Dialogues for the Film upon the terms and conditions as may be mutually agreed by the Parties hereunder |
NOW THEREFORE THE PARTIES HERETO HAVE MUTUALLY AGREED AS UNDER: |
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1. ENGAGMENT |
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1.1 In pursuance to the understanding arrived at by the Parties under Recital B and C, the Producer hereby engages the Writer to write and develop the “Script” comprising of literary& dramatic works being Story& Screenplay and Dialogues respectively in Hindi language (“Works”)for the Filmandrender such other Services towards |
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Film in the capacity of a writer and the Writer accepts the engagement by the Producer for a mutually agreed |
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Consideration (as per Clause 3) upon terms and conditions as agreed by the Parties under this Agreement. |
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The Writer hereby agrees that the Producer shall engage any such other person as the co-author of the Screenplay for the Film in consultation with the Writer and the Writer hereby agrees to write the said Screenplay in co-operation and co-ordination of such other writers engaged by the Producer. |
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1.2 The Writer hereby agrees that the Writers engagement hereunder shall at all times constitute and shall be |
deemed to constitute works-made-for-hire / commissioned works developed at the instance of the Producer in |
accordance with the Copyright Act, 1957 under a ‘contract of service’ as per of the Copyrights Act, 1957 and |
for all purposes the Producer shall be the sole, exclusive & first owner and by virtue of the aforesaid, the |
Producer shall be deemed to be the author of the Works developed by the Writer hereunder for the territory of |
the entire universe and in perpetuity. For the purpose of this Agreement, the definition of “Works” as defined |
in clause 1.1 above shall also include the Story, Screenplay, Dialogues and any other results, proceeds, titles, |
benefit and interest arising from the Services of the Writer in relation to Film at any stage of its completion. |
1.3 The Writer hereby agrees that Services are special, unique, unusual and extraordinary, of personal and |
intellectual in nature, hence, cannot therefore be substituted or delegated to another. Therefore, due and timely |
performance of the Services by the Writer herself shall be of the essence for this Agreement. |
1.4 Parties have agreed that the Writer’s engagement hereunder shall be on a non-exclusive first priority basis |
during the Term (defined below) and the Writer is hereby restricted and prohibited from rendering Services to |
any third party during the Term which may materially interfere with the Writers obligation under this |
Agreement. The Writer hereby also agrees to not render the Services towards any cinematograph film which is |
in any manner similar to the Film. |
1.5 This Agreement shall be valid, enforceable and subsisting up from the execution hereof up to the release of the |
Film and the term of this Agreement for the purpose of the Intellectual Property Rights and Works shall be in |
perpetuity(“Term”). |
1.6 Parties hereto have specifically agreed that subject to completion of the Film in accordance to the terms of this |
Agreement, the Producer shall accord to the Writer credit in the style of “ Mansi Dovhal”. The Writer has |
agreed to share the credit with such other co-writer the Producer may engage in relation to the Works. |
However, the placement of the said credits in the opening & closing scroll, marketing & promotional materials |
or any such other collaterals shall be the sole prerogative of the Producer and/or the third-party commissioning |
studio who comes on board. |
2. SERVICES & SCOPE OF THIS AGREEMENT |
2.1 The Writer shall render the services as customarily rendered by ‘writer’ in the film trade interalia and render |
services as detailed under this Clause 2 of the Agreement (“Services”) to the satisfaction of the Producer in |
relation to the Film. |
2.2 The Writer shall comprehensively and qualitatively write and develop the Works in Hindilanguage for the Film |
to the satisfaction of the Producer. The Writer shall also submit a transliterated version of the same in English |
language. The Writer shall also be obligated to submit to the Producer final locked script in accordance with |
the final edit of the Film in the language of the Film, it’s transliterated version and the translation of the same |
in English language (if required) to the satisfaction of the Producer and in accordance to the requirement and |
specifications provided by the Producer from time to time. The timelines for the same shall be discussed and |
mutually agreed by the Parties in writing in pursuance hereof. The aforestated shall be material obligation of |
the Writer hereunder. |
2.3 The Writer shall submit the drafts of the Works in accordance to the timelines as may be discussed and |
finalized by the Producer in pursuance hereof. Upon the receipt of the drafts by the Producer, the Producer |
may approve and/or suggest any modifications, suggestions, alterations, revisions (collectively referred to as |
“Changes”) to such drafts and the Writer hereby agrees to carry out such Changes to the Producer’s |
satisfaction without any demur or delay. The drafts comprising of such Changes shall be submitted to the |
Producer within Five (5) days of the Producer suggesting such Changes. |
2.4 The Writer hereby agrees to re-work on the drafts up to the finalization of the same by the Producer and hereby |
acknowledges that the Producer reserves its right to suggest any Changes in pursuance thereof. |
2.5 The Writer shall deliver the drafts in accordance to the below timelines and/or as mutually agreed in writing |
(emails permitted): |
Sr. No. Draft Timelines Revision Timelines |
1. Step Outline/Beatsheet |
2. 1 |
st Draft of the entire |
Script |
3. 2 |
nd Draft of the entire |
Script |
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4. Final Shooting Script |
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2.6 The Writer hereby agrees to be available for the narrations, table reading sessions, any meetings during the |
pre-production stage as per the requirement of the Producer. |
2.7 The Writer shall adhere to the timelines as may be intimated by the Producer (emails permitted) and in the |
event of any delay shall promptly intimate the Producer of the same and obtain consent of the Producer in |
writing. Upon the finalization of the timelines, the Parties shall record the same in writing by the way of an |
addendum to this Agreement. |
2.8 In the event the exploitation of the Works is prohibited in any manner on account of the content due to moral, |
political or religious reasons, the Writer shall, in consultation with the Producer, alter/modify the contentious |
portion and return the revised version of the Works to the Producer, at no additional cost. |
2.9 The Writer shall not incorporate any third party content/materials whether in any literary, dramatic, musical or |
in any audio, visual, audio-visual form in to the Works which may in any manner infringe or violate the rights |
including the personality rights, copyrights, moral rights, personal rights, etc. The Writer hereby agrees to |
indemnify and keep the Producer indemnified against any claims, disputes and damages that may arise in the |
event such third party material is incorporated by the Writer without obtaining the rights. |
2.10 The Writer hereby confirms to have not assigned, licensed, alienated the rights to the Concept and/or Works to |
any other third party prior to the execution of this Agreement in any manner including by any verbal and/or |
written agreement or by any express or implied conduct assured any third party of such assignment, license or |
transfer of the rights to the Concept and/or Work to any party in any manner whatsoever. The Writer hereby |
agrees and confirms that upon the execution of this Agreement the Concept and the Works shall stand |
transferred to the Producer in perpetuity for the territory of the entire universe and the Producer shall have the |
right to deal with it in the manner the Producer may deem fit and appropriate. |
2.11 Further the Writer hereby acknowledges that the Producer shall have the unfettered right to utilize the Works |
in its entirety and/or any part thereof in any manner whatsoever in the said Film. The Writer agrees that the |
Producer may in its sole discretion utilize the Works or any part thereof in any other cinematograph film or any |
other literary, dramatic, artistic or musical works in the manner it may deem fit and appropriate. The Producer |
shall also have the right to include and/or incorporate any other literary, dramatic, artistic or musical works to |
the said Work developed by the Writer and the Writer shall not object to the same. |
2.12 Where Producer directs the Writer to do so, the Writer shall either solely or jointly with other writer/s (as the |
case may be), be responsible for the registration of the Works with the Screen Writer’ Association and any |
other association as the Producer may deem fit and proper and the Writer undertake to provide a “no objection |
certificate” in favour of Producer thereby enabling Producer to deal with the Works in any manner it deems fit |
and necessary. The Writer shall be entitled to royalties in accordance with Section 18 of the Act (to the extent |
the proviso remaining in force and applicable) as prescribed by the copyright collection society of which the |
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STAMP AND SIGNATURE |
CUSTOMER CARE |
JENNY 732-281-7122 732-423-8052 |