CanadianFilmMaker - Negotiating a Screenwriter Contract

Negotiating a Screenwriter Contract

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Representations and Warranties

Finally, to avoid being sued for copyright infringement, defamation or invasion of privacy, you should ensure that the contract contains full representations and warranties from the writer. Full representations and warranties provides assurance that:

The writer owns and controls all right, title and interest in the script material
The materials are original and do not infringe copyright,
The materials do not defame anyone or invade their privacy or publicity rights
If it’s a Canadian content show, the writer is a Canadian citizen and resident

Under the IPA, every contract is deemed to include such representations and warranties. However, writers may qualify these representations and warranties with the phrase, “to the best of their knowledge, information and belief.”

Even if not spelled out, this qualifier is deemed to be included. It means that if a writer honestly believes the representations and warranties to be true, then that writer may not be liable for a claim brought against the filmmaker for copyright infringement, defamation or invasion of privacy. To minimize your risk of any third-party legal claims, you should therefore review the script materials carefully, or have them vetted by your legal counsel. (Deleting the qualifier is not an effective approach, since – as noted above – it is deemed to be included in any WGC contract.)

Disclaimer:
This article is for informational purposes only. You should not rely on any information provided here for legal advice, nor should you regard it as a substitute for obtaining legal advice.

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