Collaboration Agreement (Musical)
Dear Member:
Attached you will find the Dramatists Guild's form of Collaboration Agreement for a Musical.
This is a form of agreement which is meant to provide you with an outline of some basic terms often
found in collaboration agreements. This form is reviewed by the Guild from time to time, so you may
want to check with us to ensure that you have the most up-to-date version.
In order for this agreement to be a complete document, you must fill in all blanks and make
selections where noted. Any text within brackets is intended to be a guideline that is reflective of
current industry standards. Of course, you may feel that your own practice or circumstances dictate a
change in terms. In any event, if you do not fill in the blanks or choose among bracketed alternatives,
you will leave confusion about what you and your collaborators intend.
Read the contract form carefully, modify it as appropriate, and do not sign it unless you are
comfortable with and understand all of its provisions. It is critical that each collaborator have an
opportunity to consider and discuss all possibilities, and that all the parties agree on their understanding.
As always, we are available to answer any business-related questions in connection with this or
another contract.
Sincerely,
The Dramatists Guild of America, Inc.
DISCLAIMER:
Template as A Guide: This model contract is provided to you as part of your membership with the Dramatists Guild. This
template is intended only as a general guide. A contract is a personal matter and no one particular contract can fit every
circumstance. This template is not intended to be a complete document, and it is important that you read it carefully so you
may consider your specific circumstances in order to add to, delete or modify it as appropriate. Even with modification, this
form may not meet all of your needs.
Sincerely,
Not Legal Advice: The Dramatists Guild is not permitted to engage in the practice of law and does not offer legal services or
advice. The legal staff at the Guild is not acting as your attorney and the use of this form does not create an attorney-client
The Dramatists
relationship. Use of Guild documents is not a substitute for the advice Guild
of an attorney. of America,
In using this form ofInc.
contract, you
should obtain legal advice. Otherwise, you are representing yourself in any legal matter you undertake through the use of
the Guild’s forms.
Accuracy of Forms: Although the Dramatists Guild takes every reasonable effort to ensure that the information in our forms
are up-to-date and legally sufficient, the information provided herein is not guaranteed to be correct, complete or up-to-
date. No warranty of any kind (implied, expressed or statutory) is given. Because the law is constantly evolving, varies from
jurisdiction to jurisdiction, and is subject to varying interpretations by different courts and administrative bodies, the
Dramatists Guild cannot guarantee that all the information herein is completely current or accurate.
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form. Use of this form is at your own risk.
Copyright: The copyright in this form of contract is owned by the Guild. Only members in good standing may use or modify
the contract for their specific purposes. Receipt of this contract does not grant the right to make multiple copies of it, nor to
use it for any but its intended purpose, nor to alter it to such a degree that it no longer represents the Guild’s standards as
reflected herein.
Copyright © The Dramatists Guild, Inc. 1997, 1998, revised 2017.
Collaboration Agreement (Musical)
COLLABORATION AGREEMENT
WHEREAS, whose address is and whose
address is and whose address is ___
are respectively bookwriter, composer and lyricist (collectively, "Author"); and
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WHEREAS each of the parties hereto has collaborated in, or is desirous of collaborating in, the
writing of a musical play presently entitled (hereinafter referred to as the "Musical
Play");
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NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as of
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this ___ day of ____, 20__ as follows:
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1. Each of the parties hereto represents and warrants to the other parties, but only as to his or her
own contribution, that:
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a. Each shall, to the degree it has not been completed on the date hereof, undertake to
write and complete the Musical Play;
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b. In executing this agreement, each has the capacity and full authority to enter into this
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agreement, that all of the material each has provided and will provide for the Musical Play
is and will be original with such party and has not been adapted or derived from any other
source (except to the extent such material is adapted or derived from material which is in
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the public domain, or adapted from material which requires or may require the
permission of any other person or entity, which permissions are set forth in Section 12
below;
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c. Each has not made and will not make any undertaking or agreement with any third person
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or entity in connection with any material which he or she is contributing to the Musical
Play, other than as may be specifically permitted in this agreement; and
d. To the best of his or her knowledge, there is and will be no claim, lien or encumbrance by
any third party on his or her contribution, including, without limitation, any claim of joint
authorship, and each represents and warrants that he or she shall make no claim, nor
allow any claim to be made by others claiming by or through them, or on their behalf, that
the collaboration between or among any of the parties hereto constitutes a joint work as
defined in 17 U.S.C. Section 101.
2. Where possible, each Author will register his or her respective contribution under his or her own
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name with the U.S. Copyright Office. The copyright in the Musical Play shall be secured and held in
the names of , , and , and all monies, revenues, income
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and proceeds (the "net receipts") at any time received from said Musical Play, from all rights
therein and from every other exploitation, adaptation, derivation and translation in all media and
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formats, whether now in existence or hereafter developed, and whether or not specifically herein
enumerated (other than as provided in Section 4), shall be divided as follows:
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Collaboration Agreement (Musical)
Bookwriter’s share To percent ( %)
Composer’s share To percent ( %)
Lyricist’s share To percent ( %)
3. All contracts concerning the license of the Musical Play shall be substantially in the form
promulgated by The Dramatists Guild, Inc., as available and applicable.
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4. Net receipts from (i) the publication, mechanical reproduction, synchronization and small
performing rights of the separate music and lyrics contained in the Musical Play, (ii) any rights
granted in and to such separate music and lyrics and (iii) any use of any kind and nature of such
separate music and lyrics for motion picture, television, radio, video, cast albums,
phonorecordings, compact disc and any other audio or audio visual format or device for
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reproducing sound alone or sound with images, whether now known or hereafter developed, shall
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be divided % to the Lyricist and % to the Composer if both music and lyrics are used, % to the
Lyricist and % to the Composer if only such lyrics are used, and % to the Composer and % to the
Lyricist if only such music is used. [The Bookwriter shall in no event receive any net receipts from
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such rights unless more than % of the book is used in such presentation, in which case the
Bookwriter shall receive % of such net receipts.] References in this agreement to separate music
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and lyrics shall be deemed to refer to the separate and independent use of any music and lyrics
contained in the Musical Play which does not use any other element of the Musical Play including,
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by way of example and without limitation, the book (other than as set forth in this Section 4),
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staging, sets or costumes. The disposal of all such other rights derived from the Musical Play
which entails such other element or elements shall be governed by Section 2.
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If the music and lyrics are not included in any publication of the Musical Play, the net receipts
therefrom shall be retained solely by the Bookwriter. If only the lyrics are included in the
publication of the book of the Musical Play, the net receipts therefrom shall be divided
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[equally/pro-rata] between the Bookwriter and the Lyricist. If the music and lyrics are included in
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the publication of the book of the Musical Play, the net receipts therefrom shall be divided among
the Composer, the Lyricist and the Bookwriter as set forth in Section 2.
5. Wherever the approval or consent of Author is required or permitted, the Bookwriter, Composer
and Lyricist of the Musical Play shall vote as 3 separate units (regardless of the number of persons
constituting each such unit), with each unit having one vote [and with a majority of such votes
controlling], [and with unanimity required for all decisions (except for ______, where a majority
vote shall be controlling)] but in no case shall one unit have more than one vote. All contracts for
the production, presentation or publication of the Musical Play, or the disposition of all rights
therewith connected, (other than for separate music and lyrics under Section 4) shall require the
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signature thereto of all the parties to this agreement. Powers of Attorney may, however, be
granted by one party to this agreement to another [or to a third person not a party hereto] by
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written instrument, setting forth the specific conditions under which said power of attorney shall
be valid. For services rendered under this power of attorney, whether in conducting negotiations,
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consummating a contract or otherwise, no agency fee or extra compensation shall be provided.
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Where a single unit is comprised of more than one person, and where those persons cannot agree
on a matter requiring a vote, the majority opinion of such persons in such unit shall prevail. If the
unit is comprised of an equal number of persons and there is a tie vote, then the results of such
vote shall be decided by a vote between the other collaborative units. If the vote by the other two
units results in a tie vote, all the parties agree to submit the matter to arbitration pursuant to
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Section 20.
Notwithstanding the foregoing, alterations in, omissions from and additions to the book, music
and/or lyrics of the Musical Play shall be subject to the exclusive prior written approval of the
Bookwriter, Composer and Lyricist, respectively, and any decisions concerning the musical
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elements such as conductor, orchestrator, pianist, and musical orchestration and arrangements
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shall be subject to the exclusive approval of the [Composer] [and Lyricist].
Each person shall be given equal opportunity to be consulted, informed and involved in all
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discussions and negotiations relating to the Musical Play, its development and exploitation, as well
as with respect to any and all rights therein. Each of the persons constituting the Author agrees to
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use all reasonable efforts and to act in good faith, and in cooperation with each other, in order to
exploit the Musical Play for all purposes.
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6. [In the event of the death of any of the parties [or significant disability which makes practical
future participation by such party impossible] during the term of this agreement, then the
remaining parties shall have the sole right to change the Musical Play (including, without
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limitation, those elements thereof created by the deceased [or disabled] party) or to select others
in accordance with Section 5 to make such changes, and to negotiate and contract with regard
thereto, and all agreements with respect to the Musical Play shall require the signatures of the
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surviving parties, but shall not require the signature of the designated heir or legal representatives
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of the deceased party [or of the disabled party]. Notwithstanding the foregoing, the surviving
parties shall not change or otherwise decrease the compensation due to such deceased [or
disabled] person under this agreement, or the billing accorded thereto, without the prior written
consent of such decedent's designated heir or legal representative. The surviving parties shall
cause to be paid to the designated heir or legal representatives of the deceased [or disabled] all
amounts provided for herein as hereinabove set forth, and shall furnish copies of all agreements
or other documents pertaining to such exploitation of the Musical Play to the designated heir or
legal representative of the deceased. In the event that all parties hereto are deceased [or
disabled], all transactions with respect to the Musical Play may be entered into by the legal
representatives or designated heirs of the parties hereto to the same extent and as though they
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were the parties hereto.]
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7. As between the persons constituting Author, it is agreed that all rights of every kind and nature in
the Musical Play shall be merged for all purposes upon the soonest of the following to occur:
[NOTE: PICK ONE OR TWO AND STRIKE OUT THE REMAINDER]
a) First paid performance of a first-class production in ;
b) First paid performance of an [Off-Broadway] production in ;
c) [Official Opening] [first paid performance] of a [LORT] [or comparable] production;
d) (number) of performances of an [Off-Off-Broadway] production;
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e) (number) performances of a workshop;
f) Other. ]
Until said merger takes place or this agreement otherwise terminates, each of the parties hereto
hereby represents and warrants to each other party that such party shall not, other than set forth
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in Section 12, exploit or grant or allow to be assigned to any third party any rights (other than
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rights to payment) whatsoever in the music, lyrics or book without the prior written consent of the
other parties. No merger shall apply to the music or lyrics or portions of the book which have
been deleted from the Musical Play prior to the merger of the Musical Play as aforementioned.
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Such deleted material shall be controlled by and belong exclusively to the Bookwriter, Composer
and/or Lyricist respectively , as the case may be, free and clear of rights of the other parties hereto
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or others claiming through them.
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8. At any time prior to merger, any two collaborative units may reject the third unit as a whole by
written notice signed by each of the rejecting units and received by the rejected unit. It is agreed
and understood that upon such rejection, and subject to the terms of this Section 8, all
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copyrightable material contributed by the rejected unit shall revert to him or her effective
immediately upon rejection unless the rejected unit and the rejecting units agree upon one of the
following options:
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a. If the rejecting units and the rejected unit agree upon a payment amount, the rejecting
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units will not be able to use the copyrightable material of the rejected unit but the
rejected unit will be entitled to use his or her own copyrightable material only insofar as
such use does not in any way compete and/or interfere with the Musical Play; In no case
shall the rejected unit receive [billing credit, net proceeds, or any other benefit] in
connection with the Musical Play except as set forth in Section 8b or 12.
b. If the rejected and rejecting units so agree, the rejecting units will be entitled to use and
make further changes, additions and deletions to the rejected unit’s material, and the
rejected unit shall make no further use of such material. The rejected unit shall receive
the payments [and billing] fully agreed to hereunder, but shall not be a required party or
signatory with respect to any approval or agreement.
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c. If no such agreement is reached, or if payment is not timely made, then the rejected unit
shall be entitled to the exclusive use of his or her own copyrightable material at will, and
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no such uses shall be deemed competitive with the Musical Play.
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9. [In the event that any party to this agreement wishes to sell, pledge, lease or assign, or otherwise
dispose of or encumber his or her share of net receipts, IT IS AGREED that such party (called the
"Selling Party") shall give to the others (called, collectively, the "Buying Parties") (in a written
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notice with full particulars, sent by registered mail) an option for a period of fourteen days during
which the Buying Parties may purchase separately or jointly, such net receipts in said Musical Play
as may be offered, at a price and upon such terms as stated in said written notice. Should the
Buying Parties fail, within the said fourteen days, to exercise said option in writing, or, if the option
is exercised, fail to complete the purchase upon the terms and conditions stated in the said notice,
then the Selling Party may transfer such rights to any other person at the price and upon the
identical terms stated in the said notice, and a copy of the contract for the sale of such rights shall
be sent to the other parties hereto forthwith. No such disposition shall be effective to grant any
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party any rights hereunder other than the right to receive net receipts as provided for herein.]
10. In the event, for any reason whatsoever, that there is no merger within years from the date
hereof, any party hereto shall have the right, upon written notice to the others, to terminate this
agreement as to such party. The parties may also terminate this agreement by the unanimous
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consent of all parties hereto. In the event of such notice, or unanimous termination, this
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agreement, other than Sections 1, 10, [12], 15, 16, 17 and 20 shall forthwith terminate and shall
be of no further force or effect whatsoever and all rights in the book, music and lyrics shall revert
in full to the respective copyright owner thereof free and clear of any claims or rights of the
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others. Subject to the foregoing, each may deal with his or her own contribution without
accounting to the other parties. Notwithstanding anything herein to the contrary, it is specifically
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agreed and understood between the parties that, while it is intended that the provisions of the
Agreement with respect to merger shall control the exploitation of rights in the Play as herein
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provided, it is not the intention of the parties that the Musical Play be deemed, nor is the Musical
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Play, a “Joint Work” within the meaning of that term under the United States Copyright Act of
1976, as the same may be amended, supplemented or modified from time to time, and it is
agreed and understood that for the purposes thereof, the book of the Play shall be deemed a
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separate work, the copyright of which shall be owned by [Bookwriter], and the music of the Play
shall be deemed a separate work, the copyright of which shall be owned by [Composer], and the
lyrics of the Play shall be deemed a separate work, the copyright of which shall be owned by
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[Lyricist], as their respective interests may appear.
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If any of the book, music or lyrics cannot be readily divisible between the parties, such elements
[shall not be utilized by either party without the prior written consent of the other] [may be used
by all parties contributing thereto].
11. Authorship credit for the Play shall be as follows:
Book by:
Music by:
Lyrics by:
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The names of each of the parties shall, in each instance, be in the same type size and prominence
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in all respects. In no event shall any contract dealing with the Musical Play and/or the separate
music and lyrics of the musical compositions contained in the Musical Play provide that the name
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of any one of the parties (with regard only to the Composer and Lyricist, when using separate
music and lyrics) may appear without the name of the other.
12. [If you desire to modify or supplement any of the terms of this agreement, insert
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"Notwithstanding anything to the contrary in this agreement," and then modify or supplement the
terms as you desire. This section should also be used to identify any copyrighted work or other
required permission which any party has obtained, or is required to obtain, in performing their
collaborative work, and any pre-existing or contemplated agreement or understanding any party
has made with third-persons about their contribution.
Examples of other provisions which may be modified are:
a) Voting on artistic elements and the disposition of the Musical Play;
b) Effect of death or disability of one of the parties;
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c) Merger;
d) Underlying rights agreements(s), including merger and payments to underlying rights owner
e) Designation of agents(s);
f) Authorship credit. ]
13. Unless terminated pursuant to Section 10, the term of this agreement shall be co-extensive with
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the life of the copyright.
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14. All reasonable expenses which may be incurred under this agreement shall be mutually agreed
upon in advance, and shall be shared according to the percentage of interest of the parties hereto.
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The Authors shall be entitled to reimbursement for such expenses from subsequent licensing
revenue which shall be shared in accordance with the percentage of expenses incurred by the
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parties hereto.
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15. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS
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OF THE STATE OF APPLICABLE TO ALL CONTRACTS MADE AND ENTIRELY
PERFORMED WITHIN SUCH STATE.
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16. All notices to any party shall be in writing and given by personal delivery, certified or registered
mail (return receipt requested), and shall be deemed given when so personally delivered or
received, and shall be given in each case to all parties hereto. Notices by mail shall be addressed
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to each party's address as given below, or to such other address as such party may hereafter
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specify by notice duly given.
17. This is the entire agreement between the parties. This agreement shall not be amended, modified
or supplemented except by a written agreement signed by all the parties. In the event all of the
parties agree to add or replace another party as a collaborator, each such additional person shall
be deemed a party hereto for all purposes upon signing an additional signature page hereto with
the written consent of all the then current parties hereto. Such additional collaborator shall not
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be entitled to any monies received prior to such signature in connection with the Musical Play
unless specifically set forth on such signature page.
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18. No party shall assign this agreement or its rights arising hereunder [other than any rights to net
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receipts pursuant to Section 9], without the prior written consent of the other parties.
19. This agreement shall be binding on the parties hereto and on their executors, administrators,
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personal representatives, successors and assigns.
20. If a dispute arises out of or relates to this agreement, or the breach thereof, and if said dispute
cannot be settled through direct discussions, the parties agree to first endeavor to settle the
dispute in an amicable manner by mediation in County, under the
Commercial Mediation Rules of the American Arbitration Association before resorting to
arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this
contract, or breach thereof, shall be settled by arbitration in County, in
accordance with the Commercial Arbitration Rules of the American Arbitration Association, and
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judgment upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. In any arbitration or mediation brought for the nonpayment/collection of
monies, the award of the arbitrator or mediator, as the case may be, shall require the party losing
such dispute to pay the costs of such arbitration or mediation plus the prevailing party's
reasonable attorney's fees.
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21. It is expressly understood that the parties hereto in no wise form, nor shall this agreement be
construed to constitute, a partnership or joint venture between them.
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IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be duly executed as of the
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day and year first written above.
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