So back in January I wrote a feature length script (by hire, only I wasn't getting paid upfront) and it was shot/produced and is set to be released in November. Now RUMOR has it, the movie has sold for distribution.... 🙂 good riggght?
First thing I did was ask the producer who I keep in good touch with, if the movie has had any leads on selling, she replied with, she isn't allowed to talk to me about such things with me, legally. So whatever.
Now I do remember signing a deferred payment (or something) in Pre-production, you must excuse my ignorance, this was my first movie and just excited to have the opportunity. Now I talked to the director, who is now facing many legal issues with the producers, he is being outed and the situation isn't going to turn out well, long story short, he won't be paid. SO with that in mind, Will I ever get paid? What are my rights? I did sign something, but let's say they try screwing me, and toss it out. Now I don't have a contract. Do I have any other rights, as far as a creator and writer of basically the whole damn movie? Or do I need a contract. Besides that, is there any advice that anyone can give me on this. I have sat patiently for the last months waiting for a check to arrive. What is the appropriate protocol for this? Should I come straight forward and ask them if I'll ever get paid? Or should I wait, and see after the release? I have no Idea. I'm basically clueless. Any help/advice would be greatly appreciated.
" see things through my eyes "
" see things through my eyes "
If you signed something, take that document to a lawyer, preferably someone who specializes in entertainment law.
Aspiring mogul has the best advice. You need to take what
you signed to a lawyer. I'll try to answer some of your questions.
I am not a lawyer - just a writer.
quote:
Originally posted by hoxienation
Now I do remember signing a deferred payment (or something) in Pre-production, you must excuse my ignorance, this was my first movie and just excited to have the opportunity.
This is your first mistake - and a very common one. Writers
get excited and sign away their rights.
quote:
Originally posted by hoxienation
SO with that in mind, Will I ever get paid? What are my rights? I did sign something, but let's say they try screwing me, and toss it out.
You have only the rights specified in the contract. They cannot
throw out that contract.
quote:
Originally posted by hoxienation
Now I don't have a contract. Do I have any other rights, as far as a creator and writer of basically the whole damn movie? Or do I need a contract.
Yes, you need a contract. You have no other rights. You can
TRY to gain some control over your copyrighted material. You
did register the copyright didn't you? But even there there isn't
much you can do to get paid. You may be able to stop the
release of the film if you can prove your copyright was violated.
Very expensive and very time consuming.
quote:
Originally posted by hoxienation
Should I come straight forward and ask them if I'll ever get paid? Or should I wait, and see after the release?
Yes. You should ask them. Do not wait!
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
I'm not 100% sure how the industry works in America as I'm not a part of it. But even if the worst comes to the worst and your deferred payment doesn't come through, doesn't it add credibility to your future projects to have some thing that's actually reached the distribution stage?
www.youtube.com/yoursayvideos
www.youtube.com/yoursayvideos
I know NOTHING about copyright law or entertainment law, but, if you did the work, you may have the right to sue for unpaid work.
In general terms, which may have not apply to entertainment, you may have a trust claim, because, if you did the work, and they benefitted from that work, then part of their profits may belong to you - in legal jargon, if that is true, that portion of the profits is held by them on your behalf. Another ground is if they agreed to pay you, and they didn't, so you can sue for breach of contract or under employment standards law.
That said, if the project is bankrupt or the people have no money, then this is all moot anyway.
Appreciate all the great answers. I always know where to come if I have a tough one....
But here is the thing. I have no copies of what I signed.
And yes Cleary, that is true. Hopefully it will build some credibility. But then again, I haven't seen the movie yet :/
And Certified, If I ask them, how should I approach it with out being too obtrusive? I think I'm just intimidated, and burning this bridge would be the last thing I want, So I'm being very cautious. See I am still working with the director on other projects, and they(producers) don't have a good relationship with him, so it's all together a shady thing. Should I just ask for a copy of my contract? ....
" see things through my eyes "
" see things through my eyes "
You wrote a feature length film script that sold? Christ, follow that up. Do whatever you can to earn something from the production.
It sounds like whatever documentation you signed was nothing official and you were duped. I suppose it's an easy mistake for an eager screenwriter to make. Whatever happens, you will A) learn from this experience, big time, and B) know that your abilities are capable of reaching distribution stage.
Chin up, do what you can, and keep moving forward.
