NETWORK CONTRACT
FOR
MYSTERYGRAMSTM PRODUCTION
WHEREAS Mr. J.V. Presogna, hereinafter to be referred to as the
CREATOR, is the
sole creator, author, and owner of MysteryGrams, hereinafter to be referred to
as the
SHOW; and,
WHEREAS the
SHOW will be produced for television by__________________,
hereinafter to be referred to as the
PRODUCER, and the
SHOW will be called "MysteryGrams"
as a title; and,
WHEREAS _____________________, hereinafter to be referred to as the
AGENT, shall
represent the
PRODUCER in this agreement; and,
WHEREAS the
SHOW, copyrighted in a 16-Page
SHOWBOOK, is based on a game
invented by the
CREATOR, hereinafter to be referred to as the
GAME,
which itself is based on a previous printed work also called "MysteryGrams" which was
syndicated internationally, and this previous work will hereinafter be referred
to as the
UNDERLYING WORK.
NOW, THEREFORE, the
PRODUCER and the
CREATOR hereby agree to all of the terms and
conditions set forth below in this instrument concerning the
SHOW, the
GAME and
the
UNDERLYING WORK and the association of the parties named herein.
TERMS AND CONDITIONS
1. The
PRODUCER will own 95% of the
SHOW, with controlling interest, which also
includes retail, play-at-home, electronic and software versions, upon paying the
CREATOR the price of
$6,000,000.00 in advance, and then continuing to pay 5% of
profits quarterly to the
CREATOR thereafter for a period of 4 years.
A) The
CREATOR will own 5% of the
SHOW and receive 5% of profits.
B) A buyout of some kind will be available to the
PRODUCER at the end of 4 years.
2. The original
UNDERLYING WORK shall remain the property of the
CREATOR for future
use regardless, with no obligation to the
PRODUCER for any future sales, rentals
or royalties thereof.
A) 100% of any income gained from the
UNDERLYING WORK, which was a single panel
print product which can be reintroduced, will belong to the
CREATOR.
B) No permissions of any kind from the
PRODUCER are needed by the
CREATOR to
market the original
UNDERLYING WORK.
3. The
PRODUCER must include on every public showing of the
SHOW, and every
derivative thereof, the following words at the top of the credits list: "Based
on the Game Created by J.V. Presogna."
A) The software created by the
CREATOR, and included in this agreement, must be
described as "Created by J.V. Presogna," as opposed to the "based on" language
above for the
SHOW.
4. The payment of
$6,000,000.00 by the
PRODUCER to the CREATOR must be paid in
full, through electronic deposit in the bank account of the
CREATOR, before any
percentage of ownership is allotted to the
PRODUCER.
A) If no payment is made, all rights revert back to the
CREATOR in toto.
5. The trademark of "MysteryGrams" as a title, which is used both for the
SHOW
and all its derivatives, as well as the
CREATOR'S UNDERLYING WORK, shall be shared
by the
PRODUCER and the
CREATOR together, but only in the present aspect.
A) The
CREATOR agrees to use the trademark only for the single panel
UNDERLYING WORK
if it is reintroduced and/or re-released.
IN WITNESS HERETO, the
PRODUCER and the
CREATOR verify this agreement by their signatures
below, and state that this instrument defines the agreement in its entirety.
______________________________________ Mr. J.V. Presogna (CREATOR)
Signature and Date
______________________________________ (PRODUCER)
______________________________________ AGENT for PRODUCER
Signature and Date
COMMENTS
This representation of the contract is here for means of examination. Whereas Mr. J.V. Presogna
is the owner of the property, the owner shall produce the contract and license, since the
Licensor is indeed Mr. J.V. Presogna.
The
SHOWBOOK was produced on or about January 16, 1996, and it is indeed copyrightable under Title 17,
United States Code.
Although Mr. J.V. Presogna strongly recommends that no changes be made to the
SHOW, the stage
layout, or the actual production as applied in the
SHOWBOOK, there is a demonstration of good will
in keeping that clause out of the license.
In reality, there is also a budget, completely outlined with employees, taxes, payscale and other
factors, which the network may want to re-arrange or change.