TV Appearance Contract

NOTICE: The information contained in this publication is intended as a general information resource for GWA members and not legal advice. No contract activities should be conducted by any members without consulting proper legal advice. Free legal advisory services are available to GWA members through the association for writer' rights issues. The GWA disclaims any and all responsibility suffered as a result of reliance on the information contained herein without proper legal advice.

Introductory Comments

The contract by which an author appears on television, in this case a call-in talk show, is designed to ensure that an author does not give up ownership of any materials he or she has created in preparation for the show and also contains provisions allowing the author to use the show to promote his or her own work.
The tape of the show will be owned by the producer. The producer should not, simply by virtue of having produced the TV show, be able to keep any writing or expression of the author's regarding the topics on which the author is speaking. Hence, simply because the author expounds on a subject and is quoted by the producer in advertisements for the show, the author should be free to continue publishing and distributing the expression as a part of his/her work.
As is stated in the agreement, it is assumed that the author will not care if the producer is allowed to, for example, merge the video of the TV show into another work and sell the work, as this would constitute valuable exposure for the author. Because the producer will be the owner of the copyright in the TV show, as taped, he/she will have the power to copy, republish and distribute the show at his/her pleasure. All producers will require a guest who will appear on the show to enter into a release, similar to the one contained in this agreement in paragraph 4.

Agreement to Appear on Television PROGRAM [Single appearance on talk show]

THIS AGREEMENT is made this day of , 20 __, between ________________ , the owner of a weekly television show called _________________ (hereinafter, the ?PROGRAM?) whose principal office is at ______________________ (hereinafter referred to as PRODUCER), and ___________________, an individual whose address is ________________ (hereinafter referred to as "AUTHOR"). This Agreement is one for the appearance of the AUTHOR on the PROGRAM on the date of ______________, 20___, during which time the AUTHOR will discuss various gardening and horticultural topics. In consideration for the AUTHOR's agreement to appear on the PROGRAM, and in consideration for the PRODUCERÕs agreement to telecast AUTHOR as a guest on the program, the AUTHOR and PRODUCER agree as follows:

1. Appearance. The AUTHOR will appear as a guest on the PROGRAM for ______ (hours, minutes) on the date of _____________, 20__, and will discuss with the host of the PROGRAM or other guests, as appropriate, gardening and horticultural topics. AUTHOR agrees to participate in a call-in segment of the program during which time AUTHOR will answer questions on gardening and horticultural topics from viewers and listeners who call in by telephone to the PROGRAM.

2. Rights to PROGRAM. The PRODUCER shall own all rights to the PROGRAM, including the film and sound recording containing the images and speech of AUTHOR. PRODUCER may re-broadcast the PROGRAM on any station or broadcasting network in the future and may lease copies of the PROGRAM to other stations and producers as it sees fit. The PRODUCER does not claim ownership in any of the words or sentences spoken by AUTHOR during AUTHOR's appearance on the PROGRAM, and AUTHOR is free to provide the same advice and give the similar or same talk on another program or in print.

Note: Paragraph 2 assumes the AUTHOR does not care if the agreement allows the PRODUCER to merge the video of the PROGRAM into another work and sell the work, as this would constitute valuable exposure for the AUTHOR.

2[a] Optional. PRODUCER has the right to use AUTHOR's name and photograph in promotional advertisements of the PROGRAM.

3. Rights in Works Created by AUTHOR. Any works created by AUTHOR and discussed on the PROGRAM or read in part or in their entirety on the PROGRAM will remain the property of the AUTHOR. AUTHOR does not give up any rights in any works created by AUTHOR by virtue of AUTHOR's appearance on the PROGRAM. AUTHOR will retain the right to talk about the same, similar or different subjects on other television and radio programs after his/her appearance on the PROGRAM.
The PRODUCER agrees that AUTHOR may make and distribute copies of the PROGRAM containing AUTHOR's appearance for purposes of promoting AUTHOR's works concerning gardening and horticulture.

4. Consent to Appearance. AUTHOR hereby agrees that the PRODUCER may utilize AUTHOR's appearance, voice and/or participation in the PROGRAM, and AUTHOR hereby grants and releases to PRODUCER the right to film or tape, portray and photograph AUTHOR and record AUTHOR's voice in connection with the production of the PROGRAM.

5. Compensation. For his/her appearance on the PROGRAM, the AUTHOR will be paid the sum of $__________, due within ten (10) days of AUTHOR's appearance on the PROGRAM.

6. Release from Liability. The PRODUCER hereby agrees to hold the AUTHOR harmless from any liability or claimed liability in connection with AUTHOR's appearance or participation in the PROGRAM.

7. Authority to Sign Agreement. PRODUCER is authorized to enter into this Agreement with the AUTHOR and to perform all obligations and assume all responsibilities herein.

8. Termination. This Agreement can be terminated by the AUTHOR if the PRODUCER does not adhere to the terms herein.

9. Governing Law. This Agreement shall be governed in all respects by the laws of the State of __________ .

10. Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended only by a writing clearly setting forth the amendments and signed by the party against whom enforcement is sought.

11. Arbitration [Optional and Not Recommended]. AUTHOR and PRODUCER agree that any dispute that arises under this Agreement will be settled first by non-binding arbitration under the rules of the American Arbitration Association. The decision rendered by the Arbitration will not be enforceable in a court of law, and the parties may litigate once a decision by arbitration has been rendered.

IN WITNESS WHEREOF, each of the parties hereto has duly executed this Agreement this _______ day of _______________, 20__.

By: ________________________
Name & Title

By: _______________________
Name & Social Security Number

A Few Words About Model Contracts: As with all contracts, they are at their best when they have been reviewed by an attorney. Much of the contract negotiation process concerns business, rather than legal, decisions. Nevertheless, many business decisions contain legal ramifications, and the legal results of using the following agreements will vary from case to case. These model agreements are intended to provide accurate and authoritative information on the subject of author/publisher rights. In publishing these agreements and the comments that accompany them, neither the Garden Writers Association of America or John W. Hazard, Jr., is engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. All of the contracts have been written with an author bias; all are written in conjunction with the assumption that authors will want to continue to own the copyrights in the works they create, even after publication. Will all publishers agree to the terms in these model contracts? Probably not, especially where a publisher's corporate culture demands that all copyrights be assigned to the publisher or its parent corporation. As with all contracts, the outcome of these model agreements will depend on individual negotiations between author and publisher. The tactical advantage in using these agreements is that when one of them is presented to a publisher, few doubts will exist about the importance to the author of the copyright ownership issue. This should produce a prompt response from the publisher as to whether or not he/she will accede to the author's requests. Getting a quick response, even if it is negative, is usually a help in moving the negotiations along.

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