Buying a short script -- logistics ?

[Randall_Oelerich]

I found a short 5 page script on inktip that i am going to buy, editing up a contract to buy it outright from the writer. Any specific clauses I should be sure to have in the contract? How should I work the signing of the contract by mail and the payment by check (do I send writer the contract, two copies signed by me, wait for one copy with her signature and mine to arrive back to me, THEN send her the check, or what? Or would email without a written signature, and PayPal payment suffice?

 

[Randall_Oelerich]

I ended up going with this contract, if it will help anybody on this site here it is to edit, use, or not use>
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[FONT=Arial Narrow, sans-serif]PURCHASE OF A SHORT SCREENPLAY (SCRIPT)[/FONT]​

[FONT=Arial Narrow, sans-serif]For good and valuable consideration in the form of $_____ US Dollars, ________________ referred to herein as "Seller" or "Writer") hereby irrevocably and exclusively grants, sells and assigns to ________________ ("Purchaser") all rights of every kind and nature in, to and with respect to the original screenplay "Run" owned by Seller and written by Seller, presently entitled "Run", together with the titles, themes, contents, characters, stories, elements, translations, adaptations and versions thereof, (collectively the "Property"), exclusive rights to all characters, sequels, other mediums etc. and any parts or parts thereof, permission to use the writer's image and name in any 'making of featurettes or other publicity material. [/FONT]

[FONT=Arial Narrow, sans-serif]Script story synopsis:




[/FONT] [FONT=Arial Narrow, sans-serif]Seller states and takes responsibility that she owns the full copyright to said screenplay, and has not knowingly reused this story or its characters from some other story not owned by Seller. Seller guarantees that the script is her written property prior to this sale of script to Purchaser. [/FONT]
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Seller agrees that Purchaser may use other writers to modify the script if needed, even changing character names, locations, dialog, and action.[/FONT]
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Seller hereby appoints Purchaser, its successors and assigns, as Seller's irrevocable attorney-in-fact, with full rights and power of substitution and delegation, in Seller's or in Purchaser's name; to enforce and protect all rights, licenses, privileges, or property granted hereunder and under any and all copyrights therein and thereto; to prevent or terminate any infringement or other violation of said copyrights in respect of any of said rights, licenses, privileges or property; and to litigate for and collect all damages arising from any such infringement or threatened violation, and to join Seller as party plaintiff or defendant in any such suit or proceeding, in the discretion of Purchaser.[/FONT]
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So long as it does not violate any guild rules that Seller may be a member of, Purchaser agrees to give Seller (writer) byline credit if and when the story (script) is produced as a short film. Writing credit will be listed in the film as "Written by ____________" ______________________ (writer)i will be given sole credit as the writer of this screenplay for purposes of film writer credit (byline).[/FONT]

[FONT=Arial Narrow, sans-serif]Payment will be in the form of a check or PayPal payment from Seller in the amount of $_______ US Dollars. This contract will become null and void regardless of signatures if either Seller does not receive good payment in full within 30 days of the signing of this contract by either party, or if Purchaser does not receive a signed copy of this contract by Seller within 30 days of the deposit of Purchaser's payment to Seller.[/FONT]

[FONT=Arial Narrow, sans-serif]IN WITHNESS WHEREOF, the undersigned has executed this assignment.[/FONT]
[FONT=Arial Narrow, sans-serif]_________________________________________________[/FONT]
[FONT=Arial Narrow, sans-serif](date) (writer, the "Seller")[/FONT]
[FONT=Arial Narrow, sans-serif]_________________________________________________[/FONT]
[FONT=Arial Narrow, sans-serif](date) (buyer, the "Purchaser")[/FONT]