I am entering a competition for a stage show script. One of the conditions of entry is a bit ambiguous. The condition of entry I am concerned about is below: XXX shall have world-wide first right of refusal to produce the winning play for a period of 12 months following announcement of the winner. FYI, announcement date of the winner has been already assigned. Does you guys read this as: XXX has the right of first refusal for 12 months (and if they were to execute that right they would be able to produce the play indefinitely?) OR XXX has the right of first refusal to produce the play for 12 months (meaning if they executive the right, they will only be able to produce it for 12 months without having to pay royalties?) I understand you can't give me any binding advice, but your thoughts would be appreciated. Thanks! Side note: I apologise if this is the wrong forum, but I have seen people posting questions about terms and conditions about publishing in here before, and I am not sure where else to post it.
Is X the company or the winner? If the company, they own the rights for a year and can either produce it or not. They aren't obligated to use it. After the period, the rights return to you. Or something along those lines... Can't you ask the people running the thing? They'd be able to give you the real meaning.
ditto the advice to ask the holders of the contest, as they're the only ones who can give you specific answers... that said, the clause is a common one and usually means only that if any time during that 12 month period you get should get an offer from anyone anywhere in the world, to produce the play, this company has to be asked if they want to do so, first... and only if they say 'no, thanks' can you then enter into a deal with another producer... but if they do stage the play, of course they still have to pay you royalties as set in your contract with them... they can't just do so, make money on the play, and not pay you anything for it... i'm curious as to what you are referring to as a 'stage show'... is it something other than a play?
Thanks for your answers. Fair call about asking the company that is running the competition. I will do that. @mammamaia And, yes I used 'stage show' to refer to a play. FYI: X was the company.
