OK, I have a question on the role of a producer.
I just made a short film and my producer organized most of everything (found the DP, cameraman, and PA's). He did the necessary paperwork (said he wanted to be more professional with this film). Now he's talking about signing over rights to me (I am the writer/director and I paid for everything). Don't I already own the rights to the movie since I paid for it, wrote it and directed it? I know he produced it, but in my mind that means he organizes everything and is the middleman for the project. Now, it was small cast and crew and a small project in general, but in my mind it's my project, so shouldn't the rights to the movie already belong to me (afterall, I have the only copy of the raw video). Any input is welcome.
Usually this is spelled out in the beginning with a contract or option agreement of some kind. Since that didn't happen the rights* are really up in the air (legally).
Tort (and common sense) would dictate that you give credit and an equity share to the producer. This can, and should be negotiated between the two of you. Keep in mind that this really isn't your project. It is the result of effort by both the Producer and the Director, and both should be compensated.
*rights- In this case I'm referring to the completed film. Unless any paperwork was signed the writer still hold the rights to the script. Normally the film rights belong to the Producer and/or the production company. Directors normally never hold rights, they are simply paid for their work.
I'm not a lawyer but I play one on TV.
I agree with the TV lawyer:
This all should have been written down in the Option. And since it sounds like it didn't the copyright is split between you and the producer. The producer owns the film and you own the script. Technically, if you want to screw the producer over you can as long as none of this is in writing anywhere. You can walk away holding everything saying that you never allowed him to do the film for you. That's not very cool, but doable. For the most part none of this really maters until the film is sold and money is involved. If the producer is going to sign the film rights over to you, make sure you get all rights (including international; very important), and you may consider having a lawyer (not a tv one) look over the contract before you sign. If all is good and you end up with everything that is your film in order to properly protect yourself you need to send a copy to the library of congress to get a copyright number for the film (i hope you did that with the script too; only $30 to cya).
But on another note, where equity shares set up for everyone (cast/crew) in the production? Did they get paid up front or promise of pay later?
