Anything Goes : Question about Legal rights by Tui Allen

Tui Allen

Question about Legal rights

My agent sent my novel, a story of prehistoric dolphins, to a film-maker here in New Zealand some months ago. My agent was one of this country's most respected literary and film agents, responsible for some of our best known books and films, such as Whale Rider, for example. The film-maker loved the story and wants to make an animated feature film of it. (There is now a lot of technology and know-how in this country for this.) He and I have been discussing it by phone and email ever since. But he has had other projects under way also. I had another call from him tonight. He is now at the stage where he's wanting to to get some sort of legal stuff sorted out. But the sad thing is, my agent has since died. He was aged 92. He would have been the person who would have helped us to sort all this, I'm sure. But the film-maker has been talking to a lawyer and the lawyer has asked him to be sure I have the legal rights to my book, before making contracts etc. I wrote the story, entirely out of my own imagination, and did not sell the rights to any commercial publisher. EXCEPT! I did sell the rights to a publisher in the The Czech Republic who has translated and just recently published it in that language in the Czech Republic and Slovakia. That contract was negotiated by my agent just before he died. Other than that, I have only self-published in both e-book form through Amazon kindle, and in print via Amazon's Print on Demand facility, Createspace. So does that mean, that as far as making a film is concerned, I am the holder of the rights to my book? It is entirely my own original work.

Benson Descartes

That sounds very exciting, Tui. I would suggest you consult a bona-fide lawyer, and soon. With all due respect to Alle (who I'm sure only wants to help) someone who says 'I'm not a lawyer' is probably not the right person in this instance. You have too much at stake to risk taking well-meaning but possibly incorrect advice. Best of luck!

Tui Allen

I would like to take the advice of both of you really. I'd like to talk to someone about this and I have been contacted by the lawyer who worked for my agent before he passed. I think he may look at this and allow himself to be paid from my future earning from it. Not sure but might call him when the time comes to sign anything. But Alle might just know if I'm likely to have any problems .How do I skype you Alle? When you say, "kinda handy" does that mean you're here in NZ too? Australia maybe? My email is tui@tuiscope.co.nz and my website is www.tuiscope.co.nz Maybe you could email me your skype name.

Tui Allen

I now have found the perfect lawyer to help me with this. He knows all the history of my novel as he worked for my agent before his death. He's the logical choice and also comes recommended by another author friend of mine.

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