Reader Question: Would there be copyright issues on the sale of both an original screenplay and a movie?
A second question from Gregaria:
We want to make this movie ourselves just because we have a lot of friends who want to be in it and help us… and it would be fun. However, we kind of want to try selling it, too. If we make the movie first and then sell the script later, will there be copyright issues with having that first movie copy? Would we have to destroy it or keep it away from public consumption?
Usual caveat: I’m not a lawyer, I don’t play one on TV, but there are occasions where I am tempted to subscribe to Shakespeare’s attitude expressed in “King Henry VI” that “The first thing we do, let’s kill all the lawyers.”
If you write an original script and you make an original movie based on that script, it shouldn’t be a problem if you sell the rights to a movie studio. Assuming you copyrighted both intellectual properties, the studio would simply secure the rights to both as part of the deal with you.
A larger question comes to mind. While I applaud your “Hey, gang, let’s put on a show” enthusiasm for making a movie, you would be smart to create a legal agreement upfront stating who precisely owns the rights to the IP. And this can get tricky.
Let’s say you work with several people to hash out the story, then two of you go away and write the script. You agree that the rights should be “Screenplay by Writer A & Writer B, Story by Writer A, Writer B, Writer C, and Writer D.” Fine. Let’s say Studio A buys the script. There is no guarantee that any of you will get any writing credit for the produced movie. Once the studio buys the script, they can do with it whatever the hell they want with it. And if in the script’s development process, the studio hires Writer E who completely changes everything in the script… and the studio puts in that the credit should read “Written by Writer E”… and you challenge that credit… and the WGA determines that Writer E made enough changes to the original script that the credit should, indeed, read “Written by Writer E”… you and your friends are out of luck. So everybody should be aware of that possibility.
True, It is quite rare that the writer of an original screenplay receives no credit because traditionally the Guild has — rightly so in my opinion — given preference to the first writer. However the Guild has recently made some changes that make it easier for subsequent writers to receive writing credit which probably makes it more likely that the above scenario could play out.
A more likely issue in your circumstance would be the “story by” credit because in the case of a credit dispute — there again — that is ultimately decided by the WGA, so while Writers A and B may get a partial “written by” credit, Writers C and D could end up with zero credit.
Another scenario. What if during the production of your movie, you and the cast do a significant amount of improvisation on the set? And much of what is improvised ends up in the final movie. If you sell the project, both script and movie to a studio, what’s to keep Actor A from laying some sort of legal claim to part of the writing credit? There may be little merit to their claims, but the last thing you want is some stupid legal issue gumming up things and become a hassle for the studio — to the point where they may walk away from a potential deal due to rights issues.
If you want to make the movie just to have a good time with no concern about selling it, that’s one thing. Go have a blast! But any time there are rights issues and money involved, unless you and all your friends are saints, there is always a chance of a yucky ruckus breaking out down the road.
That’s one reason why the wisest course of action is to write a spec script solo. No rights issues there.
Tomorrow another question from Gregaria.
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