So last year I partnered with someone who had written a series pilot script more than 15 years ago. While that script wasn't marketable, at a high level the concept was good and sparked my interest,, so we joined forces. Starting from scratch, we developed and co-wrote an entirely new pilot script, including rewriting characters, adding new characters and significantly changing the plot. We also created a show bible (which never existed before). Likely the only thing left from the original script is the show's premise, the series title and the first names of a few characters.
The copyright for my partner's original work was registered several years ago in his name alone. My questions:
1. When registering the copyright for our new work, should we list it as a derivative of the old script? And if so, in the copyright application should we check off the boxes for "Material Excluded," "New Material Included," or both?
2. To avoid any possible ownership complications later on, would it be best to compose some agreement now that confers ownership of the original work to the both of us?
You would be wise to get something now in writing. The best thing would have been discussing the situation at the beginning of the redraft. Now he has the advantage.
Yes, get your relationship in writing - now! It doesn't reflect a lack of trust in insisting on this; rather it will clarify many things (like ownership, as well as expectations) - which will actually create trust. Too, nobody (execs, prodcos, etc.) is going to touch it unless your relationship is spelled out in legal docs.