DISCLAIMER

The following information and sample bequest language have been prepared for general information purposes only to provide to your personal estate planning attorney. The information presented is not legal advice, is not to be acted on as such, may not be current, complete or accurate, and is subject to change without notice. The information presented herein is provided “as is” without representation or warranty of any kind that it is suitable for your particular estate planning needs. Rather, you are to consult with your own independent counsel for the purpose of preparing your estate plan and making any of the proposed bequests herein.

 
 
Present-Black-v2.png
 
 

Sample Bequest Language

Below, we provide you with a description of the various options available from the DG©M and examples of suggested bequest language, which you should share with your estate planning attorney, for the purpose of making gifts of your entire copyright to the Dramatists Guild or to a Dramatists Guild related 501(c)(3) non-profit, such as the Dramatists Guild Foundation, the Dramatists Legal Defense Fund, or the Lilly Awards Foundation

Each sample below contemplates that you will provide a “restricted bequest” to the Dramatists Guild or to a Dramatists Guild related 501(c)(3) non-profit of all your copyright in a particular publication in that it provides for certain specific instructions regarding the use of the funds and retaining the services of DG Copyright Management, Inc.

Moreover, each bequest that a person makes is, of course, unique, particularly if a person wishes to gift only part of his or her copyright. Thus, you are welcome to have your estate planning attorney contact our office to assist him or her in crafting appropriate language to effectuate your intentions.

 
 
Divider-Long.png
 
 

Option 1 (Preferred Option)

You can make a gift of your copyrights directly to the Dramatists Guild.  

Through your estate plan, you can gift all, or parts of, your copyrights to the Dramatists Guild, which is a non-profit 501(c)(6) trade association formed under New York law. The Dramatists Guild will maintain an annual estate membership in your name and exercise authorial approvals over your work, as needed. By choosing this option, you guarantee that your fellow authors will act as your proxy in perpetuity and that your works will provide a source of ongoing revenues to support the Dramatists Guild’s mission. Thus, this is the preferred option. If you should pursue Option 1, then the Dramatist Guild will retain the DG©M to manage the properties in exchange for a basic commission of 10%.


Gift of Copyright to the Dramatists Guild of America Inc.

Legal Name:  Dramatists Guild of America Inc.
Legal Address:  1501 Broadway, Suite 701, New York, New York 10036
Tax Identification No.:  13-2509465

I give, devise and bequeath to the DRAMATISTS GUILD OF AMERICA INC., a New York 501(c)(6) trade association, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, my copyright for the publication known as [name of publication], and direct my executor, or any successor, to assign this copyright to the beneficiary, together with all rights under contracts or licenses for the reproduction, distribution, publication or other exploitation thereof, and all other rights of any kind or nature in connection therewith, and any and all rights to all renewals and extensions of the copyright that may be secured under the laws of the United States of America and any other countries, as such laws may now or subsequently be in effect (the “Copyright”), subject to the DRAMATISTS GUILD OF AMERICA INC. maintaining an annual estate membership in my name.  I understand that, by giving this bequest to the DRAMATISTS GUILD OF AMERICA INC., it will retain the services of DG COPYRIGHT MANAGEMENT INC., a New York corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, in accordance with DG COPYRIGHT MANAGEMENT INC.’s fee and commission schedule in effect from time to time, to manage the Copyright bequeathed herein. 

 
 
Divider-Common.png
 
 

Option 2

You can assign to an heir or heirs a share of the Dramatists Guild’s net revenues earned by the copyrights gifted under Option 1.

If you have gifted all or some of your copyrights to the Dramatists Guild under Option 1, you can designate that a share of the net revenues earned by the Dramatists Guild from the copyrights (up to 49%) be paid to your designated heir or heirs for their lifetime(s).


Gift of Copyright to the Dramatists Guild of America Inc. With a Share of Revenues Provided to Your Heir

Legal Name:  Dramatists Guild of America Inc.
Legal Address:  1501 Broadway, Suite 701, New York, New York 10036
Tax Identification No.:  13-2509465

I give, devise and bequeath to the DRAMATISTS GUILD OF AMERICA INC., a New York 501(c)(6) trade association, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, my copyright for the publication known as [name of publication], and direct my executor, or any successor, to assign this copyright to the beneficiary, together with all rights under contracts or licenses for the reproduction, distribution, publication or other exploitation thereof, and all other rights of any kind or nature in connection therewith, including, but not limited to, termination rights, and any and all rights to all renewals and extensions of the copyright that may be secured under the laws of the United States of America and any other countries, as such laws may now or subsequently be in effect (the “Copyright”), subject to [up to 49%] of any net income or other revenues from the Copyright being distributed quarter annually to the following of my heirs [name or names of heirs] and subject to the DRAMATISTS GUILD OF AMERICA INC. maintaining an annual estate membership in my name.  I understand that, by giving this bequest to the DRAMATISTS GUILD OF AMERICA INC., it will retain the services of DG COPYRIGHT MANAGEMENT INC., a New York corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, in accordance with DG COPYRIGHT MANAGEMENT INC.’s fee and commission schedule in effect from time to time, to manage the Copyright bequeathed herein.

No Third Party Beneficiary Rights. Nothing expressed or referred to in this Agreement is intended or will be construed to give any person other than the parties hereto and their respective successors and assigns any legal or equitable right, remedy or claim under or with respect to this Agreement, or any provision hereof, it being the intention of the parties hereto that this Agreement and all of its provisions and conditions are for the sole and exclusive benefit of the parties to this Agreement and their respective successors and assigns.  Without limiting the generality of the foregoing, no one other than [Client] shall have any audit rights under this Agreement as against DG COPYRIGHT MANAGEMENT INC. or its successor and assigns. 

 
 
Divider-Common.png
 
 

Option 3

You can make a gift of your copyrights to a Dramatists Guild related 501(c)(3) non-profit, such as the Dramatists Guild Foundation, the Dramatists Legal Defense Fund, or the Lilly Awards Foundation.

Under this option, your estate plan would need to incorporate language that requires that the non-profit maintain an annual Dramatists Guild estate membership in your name and that it retain the DG©M to manage all, or certain specific, copyrights on your behalf.  It would further condition the bequest on having the related non-profit pay annual dues to the Dramatists Guild for the estate membership so as to ensure that the non-profit continues to receive estate member services on your behalf. Under this option, the DG©M will retain an enhanced commission of 20% from the managed works to provide its management services, including authorial proxy approvals, and in order to also support the mission of the Dramatists Guild.  The balance of the copyright revenues will be distributed to your chosen related non-profit to support programs consistent with both the chosen non-profit’s charitable purpose and the Dramatists Guild’s mission.

While these non-profits are related to the Dramatists Guild, it is important for you to understand that neither the Dramatists Guild nor the DG©M has any control over any of these organizations. Thus, if you have any questions or concerns regarding sharing a lower percentage of the balance of your copyright revenue with any of these related non-profits, you should contact that particular non-profit.


 

Gift of Copyright to the Dramatists Guild Foundation

Legal Name:  Dramatists Guild Foundation
Legal Address:  356 West 40th Street, 2nd Floor, New York, New York 10018
Tax Identification No.:  13-6144932

I give, devise and bequeath to the DRAMATISTS GUILD FOUNDATION, a New York 501(c)(3) non-profit corporation, with offices at 356 West 40th Street, 2nd Floor, New York, New York 10018, or its successor thereto, my copyright for the publication known as [name of publication], and direct my executor, or any successor, to assign this copyright to the beneficiary, together with all rights under contracts or licenses for the reproduction, distribution, publication or other exploitation thereof, and all other rights of any kind or nature in connection therewith, including, but not limited to, termination rights, and any and all rights to all renewals and extensions of the copyright that may be secured under the laws of the United States of America and any other countries, as such laws may now or subsequently be in effect (the “Copyright”).  This bequest of my Copyright is conditioned upon the DRAMATISTS GUILD FOUNDATION using the net income or other revenues from my Copyright to maintain an annual DRAMATISTS GUILD OF AMERICA INC. estate membership in my name.  It is further conditioned upon the DRAMATISTS GUILD FOUNDATION retaining the services of DG COPYRIGHT MANAGEMENT INC., a New York corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, in accordance with DG COPYRIGHT MANAGEMENT INC.’s fee and commission schedule in effect from time to time, to manage the Copyright bequeathed herein.

Gift of Copyright to the Dramatists Legal Defense Fund

Legal Name:  Dramatists Legal Defense Fund
Legal Address:  1501 Broadway, Suite 701, New York, New York 10036
Tax Identification No.:  27-0999829

I give, devise and bequeath to the DRAMATISTS LEGAL DEFENSE FUND, a New York 501(c)(3) non-profit corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, my copyright for the publication known as [name of publication], and direct my executor, or any successor, to assign this copyright to the beneficiary, together with all rights under contracts or licenses for the reproduction, distribution, publication or other exploitation thereof, and all other rights of any kind or nature in connection therewith, including, but not limited to, termination rights, and any and all rights to all renewals and extensions of the copyright that may be secured under the laws of the United States of America and any other countries, as such laws may now or subsequently be in effect (the “Copyright”).  This bequest of my Copyright is conditioned upon the DRAMATISTS LEGAL DEFENSE FUND using the net income or other revenues from my Copyright to maintain an annual DRAMATISTS GUILD OF AMERICA INC. estate membership in my name.  It is further conditioned upon the DRAMATISTS LEGAL DEFENSE FUND retaining the services of DG COPYRIGHT MANAGEMENT INC., a New York corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, in accordance with DG COPYRIGHT MANAGEMENT INC.’s fee and commission schedule in effect from time to time, to manage the Copyright bequeathed herein.

Gift of Copyright to the Lilly Awards Foundation

Legal Name:  Lilly Awards Foundation
Legal Address:  1501 Broadway, Suite 701, New York, New York 10036
Tax Identification No.: 27-0987854

I give, devise and bequeath to the LILLY AWARDS FOUNDATION, a New York 501(c)(3) non-profit corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, my copyright for the publication known as [name of publication], and direct my executor, or any successor, to assign this copyright to the beneficiary, together with all rights under contracts or licenses for the reproduction, distribution, publication or other exploitation thereof, and all other rights of any kind or nature in connection therewith, including, but not limited to, termination rights, and any and all rights to all renewals and extensions of the copyright that may be secured under the laws of the United States of America and any other countries, as such laws may now or subsequently be in effect (the “Copyright”).  This bequest of my Copyright is conditioned upon the LILLY AWARDS FOUNDATION using the net income or other revenues from my Copyright to maintain an annual DRAMATISTS GUILD OF AMERICA INC. estate membership in my name.  It is further conditioned upon the LILLY AWARDS FOUNDATION retaining the services of DG COPYRIGHT MANAGEMENT INC., a New York corporation, with offices at 1501 Broadway, Suite 701, New York, New York 10036, or its successor thereto, in accordance with DG COPYRIGHT MANAGEMENT INC.’s fee and commission schedule in effect from time to time, to manage the Copyright bequeathed herein.