Purchasing a Screenplay and Legalities

[gbmatty]

Hey Guys,

I recently purchased a short screenplay (registered w/ the WGA) from a well-established screenwriter in LA. We've shot the film, it's in Post. I want to finalize the deal with a Creative Writing Partnership Agreement so that it's all legal and whatnot. However, since I collaborated w/ her and we did several re-writes, I'm concerned that she might try to come back at me in 6 weeks, 6 months, etc and say that I'm being sued or whatever. I've paid for the script so technically, I can do what I want with it, correct? She has no legal claims to it as I'd like to keep this as my project. What have you run across with your scripts in a situation like this?

So far, it's been very amicable between the two of us so I don't anticipate any problems. However, anything is possible and I want to be sure that she doesn't have any rights to come in later and try to take advantage of me, ask for more money, want to take resell it, etc. ad nauseum.

Any thoughts, ideas, suggestions or death threats would be of great help.

Best Regards,

Matty:dankk2:

 

[Randall_Oelerich]

I think you can do whatever you agreed you could do with it, in your written agreement, when you paid her for the initial script. You did get that in writing, right? If not then you have only perhaps an oral agreement. Writers are often paid for script rewrites beyond the original script. All depends what you two agreed to in a written contract. My five cents worth of thought on the matter.

 

[gbmatty]

I appreciate your five cents Randall, thanks. I had an oral agreement, she sent me the script, less than 10 pages and I paid her $150 which I think is generous. Like I said, in looking out for my own best interests, I would like to put it in writing.

I felt that the script needed some more action. It was my idea to add a meteorite crashing into the front yard; the heroine instead of using a garden hose as a weapon pulls out a can of AquaNet and uses it as a makeshift flamethrower; more cgi at the end of the short as well. So, it seems as if this could be shared by us although I'm not interested in that aspect of it, however, I do want to make it perfectly clear that i have exclusive rights to do what I wish.

Any one else have any comments, I'd really love to hear them.

 

[wcmartell]

You are protected by your contract - it should spell everything out right there on paper.

- Bill

 

[Randall_Oelerich]

I am sure the writer is just looking forward to seeing credits, not likely to be too concerned with $, although I tried to buy a 10 page short from a writer off inktip.com, she would not just sell it, she wanted to negotiate rights for royalties off mobile phone plays, etc.-- just too much of a hassle for me to continue with it, though I really wanted the script to film. But I think that is the exception. Most writers of shorts I suspect just want a little something, maybe, for their effort writing the script, and then credits. And are likely open to modifying the oral agreement and then putting it in writing. Just my opinion, thoughts, others here likely have more real world experience.

I appreciate your five cents Randall, thanks. I had an oral agreement, she sent me the script, less than 10 pages and I paid her $150 which I think is generous. Like I said, in looking out for my own best interests, I would like to put it in writing.

I felt that the script needed some more action. It was my idea to add a meteorite crashing into the front yard; the heroine instead of using a garden hose as a weapon pulls out a can of AquaNet and uses it as a makeshift flamethrower; more cgi at the end of the short as well. So, it seems as if this could be shared by us although I'm not interested in that aspect of it, however, I do want to make it perfectly clear that i have exclusive rights to do what I wish.

Any one else have any comments, I'd really love to hear them.

 

[gbmatty]

Interesting. I got my script off of Inktip.com as well. You're screenwriter wasn't a Sci-Fi/Horror type was she?

 

[Randall_Oelerich]

No, she wrote a romcom I really liked. She was from Australia. But for a 10 minute short she wanted to negotiate all the rights for mobile phone viewings of her short, web viewings, etc. Too much of a fricken hassel. (Somewhat similar situation recently negotiating with someone to do some music for my five minute short film, he wanted it in the contract that I must notify him of any and all film contests, etc,-- I understand that POV but I really do not want all that hassle in a contract, even though of course I would do my best to notify the film scorer of any viewings of a short film in a contest etc but I just do not want to be obligated for that since I do not have secretary and all.). For crying out loud we are just talking short films, short short films. =)

Interesting. I got my script off of Inktip.com as well. You're screenwriter wasn't a Sci-Fi/Horror type was she?