A bit of advice.

M

mrblue1022

Well-known member
Whenever you are working with someone in this business make sure you get everything in writing. Don’t make the mistake I made.

Last October I came across an actress who wrote a very good story based on her own true story. I took her story and molded it into a very good short film script and started working on producing it. For the last five months I have been begging for favors from friends and family. I have secure a solid production sound guy, a fantastic DP, a full crew and the whole cast for the film and everyone was volunteering their time for the three day shoot.

I’ve also been talking with media outlets, and aside from already generating some buzz for the project, a cable movie channel was in talks with me to distribute it. Plus, I had raised $2,500 in donations for the project.

Then wham…last night I get an email from the actress telling me that she has found another production team that wants to start filming the project in two weeks. We were set to go into production in the middle of May, but evidently that was not soon enough for this actress.

So now I’ve begged, borrowed and pleaded to get the resources to make a really good film and now I have to let it all go because I trusted this woman and didn’t think that I would need to have a written agreement with her. So the moral of the story is, assume nothing and get everything in writing.

Rob
 
Good advice, but you have more options than you think. If the "actress" has been shopping your script around, then you may have grounds for legal action. Oral contracts are bad, but that doesn't mean you don't have any legal options. I'd talk with an entertainment lawyer--check with local arts organizations for pro bono or inexpensive options--and then I'd "take a meeting" with the actress and explain the implications of her actions. If you've kept an ongoing series of written communications. you could have the basis for a case against her.
 
I agree with Barry ( I have ZERO legal expertise however); but, you wrote the script? It's yours.

If I write a script based on Pres Bush's life he cant come around and take the script elsewhere. Get it?
 
Whole different can of wax or ball of worms or whatever. Public figures are treated very differently by the law than private individuals are. If it's her story, then your screenplay is likely a "derivative work" off of her original work, which means she would likely own the copyright to it, unless she specifically assigned the copyright to you (which it certainly sounds like she didn't do).

However, she can't just take your screenplay either. They'd have to start over with their own screenplay, or buy yours, or -- well, heck, you've got a mess there, because she didn't hire you, and the work you did is a derivative of her story...

... and yes, oral contracts can be binding, but are they always? In all jurisdictions?

It's lawyer time.
 
John_Hudson said:
If I write a script based on Pres Bush's life he cant come around and take the script elsewhere. Get it?
Click to expand...
John, no politics, pleeeease!




:evil: :evil: :evil: :evil: :evil:

Gotcha!
 
Write a script based on the story you just told us, then shoot that.
 
There ya go. I'd go see a story about a vain, self-absorbed actress who dupes a hardworking filmmaker into writing a script for her. Then she steals it away and he wreaks his vengeance by taking her lifeless corp...nevermind. It's been a rough day.
 
In what manner did you collaborate with her as you adapted her work to screenplay format? By some of the posts above, I think we have gathered that your script has become the shooting script - is that the case?

Regardless of whether you have rights to the physical production of the script, you have sole legal right to the script - unless you wrote it in exchange for a predetermined fee. While her story is her's, she will have a hard time appropriating your screenplay or producing a derivative work without a fair and equitable compensation to its author.

It is important that you let her know, in writing, that you are seeking legal counsel - and that you are committed to doing so if you choose to go this way. It is highly unlikely that she will proceed until the script issues are sorted - don't let any more time pass before you notify her (IN WRITING) of your interest in the material.

e
 
the work for hire thing is very important here, it's perhaps the key to it all.
If she paid you, even a dollar, then you're working for hire. Everything belongs to her.
If she did not, then our script, which you wil doubtless have sent both to the Writer's Guild and to the Library of Congress by now, belongs to you, and if she uses it then she must deal with you.
What e says is correct - if you do not let her know the above in writing then she can just go ahead and make the film and then you will have to chase her for the money.
You have to get your letters out right away, and get your attorney going right away, before she starts to shoot. You can even write to the production company and let them know what's happening. I'm pretty sure that she's represented to them that it's her story, free and clear, but did she say that it was her screenplay, free and clear?
Either way, they have to respond to you before she can continue.
 
Sorry, but this is misinformation. Being paid does *not* automatically imply "work-for-hire". The default condition is that a creator owns his or her work regardless of payment. In "work-for-hire", the rights are transfered to the contractor by written contract. The best advice is to talk to an entertainment lawyer pronto.

emotepix said:
the work for hire thing is very important here, it's perhaps the key to it all.
If she paid you, even a dollar, then you're working for hire. Everything belongs to her.
Click to expand...
 
Was anyone else aware of any verbal contract between you and this actress? If you have anyone that would verify that there was a contract between the two of you, you may be able to take her to court for breech of contract. You will probably need to consult a lawyer, but in many states a verbal contract is just as binding as a written one and considering the amount of work you put into the project you might have a good chance. Personally, I'd sue the crap out of her if I were in the same position! (But, then again, I once had a coffee cup given to me by a group I worked with that said 'The ***** Is Back' - and it was a complement!)
 
If you just want to ask an entertainment attorney some questions before you actually emply one, call "Weintraub Genshlea Chediak Sproul" in Sacramento, CA at (916) 558-6000. Scott Hervey will give a free consultation over the phone, let you ask a lot of questions and advise you how to proceed.

At least then you could find out what rights you have and whether or not it is worth the cost to pursue this matter.
 
Call the WGA, even though you may not be a member they may give you some advice.

For example to get a screen credit a writer may have to put in 50% of the work. Let's say someone only does a 20% rewrite of the script, then they won't get the credit.

Yes they get paid, but they won't get the credit.

It sounds like you might have done much more writing if so then the script is yours unless she paid you.
 
You must log in or register to reply here.
Back
Top