Help: My Rights as a writer

[Heero]

Hello everyone. This is a semi complicated matter that I need help on.

I am the original writer of a script that I wrote 100% solely. However, the script was pitched to another writer for a rewrite. We have decided to drop the writer because we had conflicts together.

Now, from what I understand, I am the original writer and I own this script. Meaning whatever rewrites he does, it is still owned by me, not him, however, he must receive credit still for it. That means we are still allowed to change whatever we want and do whatever we want with the script.

The script was not submitted to the WGA because I was new at the time and didn't understand it. I DO not know if he submitted it or not, but if he did, I was told that it does not stand on his side because it's almost like stealing. Does he have the rights to shut down my production if I begin filming this fall?

He wants me to stop doing anything with the script. Does he have the rights to do that? Thanks.

Johnny

 

[sean90291]

Ouch. You're in a tricky spot. I always warn people that as soon as you start collaborating, the "chain of title" becomes muddy. Ownership of a script gets confused when additional writers are contributing to the material. So I just have to say it again: you have to get it in writing. If he contributed any ideas, characters, story points or dialogue, you can't use them without his written release. You could technically go right back to your original script before he started his involvement and shoot that. But sounds like the script needed work. You're probably going to have to come to some sort of deal with him if you want to proceed using a script on which he has collaborated. Registering the script with the WGA is simply additional evidence as to the date of creation and the identity of the creator. It is not the only evidence and not definitive evidence of anything--it just helps a writer to prove a point if it ever goes to court, etc.

 

[Sad Max]

Yep, you've created a potentially nasty situation for yourself.

Even if you use the draft from before his involvment as a starting point for further work, there is now the possibility that he can claim future revisions on your part, are connected with the period during which he collaborated with you.

While he does not have the right to demand that you shelve the script, he certainly has the right to litigate (and, the threat of litigation is usually enough to make developers drop a script) and prevent you from going anywhere with it, yourself.

Cut a deal with him to get the property back under your undivided control, or, at least one that will get him out of your hair while you move forward.

Or, call this a hard lesson learned, shelve it, and work on something else, covering yourself properly, this time.

 

[GenJerDan]

He got paid? He was paid to do some rewrite/polish?

Sounds like a work-for-hire to me.

 

[Sad Max]

Is it assumed to be work-for-hire, if it wasn't explicitly contracted as work-for-hire?

 

[Heero]

Hello.

He did not get paid, but I am offering to pay him. After doing research, a lot of people are telling me that the higher grounds are on my side. The script is mine originally, and whatever work he has done for my script is considered work for hire, meaning I can use whatever he has done. If he wanted some sort of possession or ownership of the script, then he would have created a contract for it, but since we didn't, it is still assumed to be my script. Can someone verify this for me?

 

[Barry_Green]

An entertainment attorney could verify that for you, yes. A group of internet users? Um... look, you're asking a question on legal rights. Unless someone here is a lawyer, they cannot definitively answer your question.

Ask a lawyer. It won't cost all that much. Many entertainment attorneys will give you a free or low-cost initial consultation.

 

[Nathyn]

I'm not a lawyer but I've worked for TM & © lawyers and have taken a class in this. The script is yours but, he has the right to litigate if you use any work he's done. Get the guy to sign a work for hire contract and pay him off. If he decides to sue then who cares you've got paper. No matter what though a person is always intitled to bring a claim if they chose to, you have no control over that but most lawyers will look at an air tight contract and decide if it's worth it or if it even can be challenged. It would be good if you get this guy to waive any legal rights to the script.

I've been dealing with issues like this myself as I watched someone who thought they were going to set me up for a lawsuit over some publicity photos they took, then I had to drop the law on them and they haven't bothered me since. People think you're stupid and they try to take advantage. You have to know how to rip them a new one legally or how to lock them. When it comes to my creations normally I'm strictly hands off. Don't touch nothing of mine unless you want your hand, arm, and/or upper torso broken. You try to steal my blood, sweat and hardwork.

You'll be amazed at how many jackals in this industry believe if they sneeze on someone else's creation they "own" part of it or are intitled to some kind of control. (not saying this person you worked with beleives that but it happens). It's hard to be creative but easy to ride someone else's coatails.

Better safe than sorry. Bottom line:
Buy him off, get him to waive his rights and make a contract before farming out with strangers (even friends and family) because as people work on things they suddenly gain an incredible sense of entitlement. It creeps in ever so slowly and makes people think they're more important than they are. Lock people down. Make sure they know the cash they're getting upfront if there is pay upfront if not let them know how much they're getting later. Avoid paying percentages if you can, it just complicates things.

-Nate