Being new to filmmaking, I am wondering what legal rights a filmmaker must have when using the script of another writer, whether that script was obtained for $1 or $100,000. Does the writer of the script retain copyright or does the filmmaker purchase the copyright? Or does the filmmaker merely license the exclusive right to make a film from the script?
I found a short film script I like written by a another writer, a short 10 page script, but though the writer wants to sell the script to a filmmaker she does not want to give up copyright (and I have no problem with that if it still means that I can make a film from it and not have someone else make another film from it, etc), she does not want to let me change the title, does not want the script edited at all, and she wants to be a producer and control the marketing of the film. I guess I just wanted a script to make a short film for artistic purposes, I thought I could just get the script from a writer then move on with my own directing and producting, editing, etc. Or is it normal for a writer to want to retain copyright, to expect to be involved with production, etc?
?Beowulf
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If your buying it then I would imagine that when you buy it from him, you need to get it in writting that by purchasing the creative work from him, you are also obtaining all copy rights and that you are free to adapt the screen play as you see fit. Relinquising any and all rights previously held by the creator of the screen play. If you do get it in writting then you need to get it checked by an entertainment lawyer (Or any other sort of lawyer familiar with contract stipulations) to make sure that it is a legaly binding contract. Cleary.
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I could be wrong but I don't think you normally buy the copyright unless you specifically state in the contracts you are buying the copyright (usually done for the novelization of the movie).
The movie itself would get a seperate copyright if/when you filed it with the copyright office. This might prevent the original copyright holder from making another film based on the screenplay since you've copyrighted the movie format of that story but it's not the same thing technically.
All of the other things the writer wants are negotiable between the two of you but to be honest they sound a bit demanding for a ten page script when there is at least one person on this board willing to write a short for free you might want to walk away (unless that ten page script is really, really good.
RJSchwarz
San Diego, CA
RJSchwarz
You should be able to find standard contracts online, which won't involve too much complicated negotiation. Even if the movie is only going to go into festivals, you're better off having some kind of piece of paper than nothing.
quote:
Originally posted by rjschwarz
I could be wrong but I don't think you normally buy the copyright unless you specifically state in the contracts you are buying the copyright (usually done for the novelization of the movie).The movie itself would get a seperate copyright if/when you filed it with the copyright office. This might prevent the original copyright holder from making another film based on the screenplay since you've copyrighted the movie format of that story but it's not the same thing technically.
All of the other things the writer wants are negotiable between the two of you but to be honest they sound a bit demanding for a ten page script when there is at least one person on this board willing to write a short for free you might want to walk away (unless that ten page script is really, really good.
It does seem a bit much for a 10 page script, i.e. getting bogged down in negotiations of copyright, and now the writer also wants to be a co-producer but put up not money for the production and do nothing other than have her name as co-producer, and she also wants royalties from any revenues generated from the short film if it is sold to mobile phones and all. Geez, I just want a script to make an artistic short film, I am not even thinking about money, or winning contests (of course I want to win, but there is only one winner in each contest so realistically I am just want to have fun making short films and seeing them shown to audiences in film festivals).
?Beowulf
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It could be a blessing to have everything covered ahead of time but this could also be the signs of an upcoming nightmare. If your writer is this picky before anything his made imagine if your film is really well recieved and makes money, imagine how they might act.
RJSchwarz
San Diego, CA
RJSchwarz
In reality you can create your own contract. The more you can avoid lawyers and complicated dealings, the better. Creative types get brain-freeze from all this garbage.
If you buy a script outright, it is usually understood you also buy the rights to ...
The story
The characters
Snappy dialogue
The settings
In other words, the writer cannot go out and make a similar film with the same characters (Indiana Jones is a good example).
You also buy the rights to any sequels. The writer does not get to create the 'next episode' beacuse you own all as listed above.
The writer gets the credits, no matter how much the next layers in the process re-interpret the script, unless he or she worked as a ghost-writer.
Think of it as buying a house. Once you own it, you can paint it whatever color you damn well please.
So, unless you draw up a contract that states otherwise, it's yours. Just get it in writing.
If you do not purchase it, you should put in writing how you intend to divy up any cash and or other issues resulting from success or failure.
A director/producer may also choose to keep the writer in the loop during production as a consultant.
alex
quote:
Originally posted by alex whitmer
In reality you can create your own contract. The more you can avoid lawyers and complicated dealings, the better. Creative types get brain-freeze from all this garbage.If you buy a script outright, it is usually understood you also buy the rights to ...
The story
The characters
Snappy dialogue
The settingsIn other words, the writer cannot go out and make a similar film with the same characters (Indiana Jones is a good example).
You also buy the rights to any sequels. The writer does not get to create the 'next episode' beacuse you own all as listed above.
The writer gets the credits, no matter how much the next layers in the process re-interpret the script, unless he or she worked as a ghost-writer.
Think of it as buying a house. Once you own it, you can paint it whatever color you damn well please.
So, unless you draw up a contract that states otherwise, it's yours. Just get it in writing.
If you do not purchase it, you should put in writing how you intend to divy up any cash and or other issues resulting from success or failure.
A director/producer may also choose to keep the writer in the loop during production as a consultant.
alex
That makes sense, seems like the way it ought to be.
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http://subzerolinux.org
