If a screenwriter options a book to adapt, should the screenwriter share copyright when it comes time to register? Or, if the original author didn't work on the screenplay, should they just acknowledge that it's "based on" a previous work and register the copyright under their name alone?
Obviously, the screenwriter doesn't own the IP outright. But it's their interpretation of the source material.
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Mike Boas the screenplay is the copyright of the screenwriter. If that writer has the rights for adaptation, then a simple “Based On” acknowledgment is all that is needed.
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When a screenwriter options a book to adapt into a screenplay, the division of copyright and how it should be registered typically depends on the terms negotiated in the option agreement. Let me see if I can bring this to light being that I studied contracts as well as screenwriting. Mind you I’m not a lawyer…
We have what we call a joint copyright. This is sometimes the case…
If the option agreement stipulates that the original author is actively involved in the adaptation process, contributing to the screenplay, then a joint copyright may be appropriate. In this case, both the screenwriter and the original author would share copyright. This does happen…
Sometimes we get “Based on" Attribution! If the original author is not actively involved in the screenplay adaptation, the screenwriter would typically receive sole authorship of the screenplay. It is common to attribute the screenplay as "based on" the original work, giving credit to the original author.
in business, you get what you negotiate! You don’t get what you want. If you negotiate well, you’ll make it work.
The division of copyright can vary widely based on the terms agreed upon in the option agreement. Some agreements might involve shared copyright, while others could specify that the screenwriter retains sole copyright and the original author receives a fee or royalty. I completely avoid riding with anyone not only for legal reasons, but for my own creative purity. I like my creativeness to come from a pure place.
I think it’s important to have a clear and legally sound and binding agreement in place that outlines the specific terms regarding copyright, royalties, and credit. I feel that consultation with legal counsel, such as an entertainment attorney, is advisable to ensure that the option agreement and copyright registration are in compliance with industry standards and protect the rights of all parties involved.
At the end of the day, the decision on how copyright is divided and registered should be guided by the terms of the option agreement and the specific contributions of the original author and the screenwriter to the adaptation.
Options can most of the time be negotiated. I’ve seen anywhere from one dollar. There are low, medium, and high option price negotiations.
Good luck I hope this answers your question as best as possible.
My funny, running joke has always been “ Options for me are not an option.”
I prefer a sale, yet good negotiation skills can let you work magic in an options deal.
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Great feedback here. Certainly a very strong case for legal advice from an entertainment attorney (as always.) As per Dan, clear Chain of Title is critical to avoid your standard nightmare scenario.
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Jack Binder
yes, agreed; a clear chain of title is essential for the legal and financial health of the film project. It provides assurance to all stakeholders that the project’s rights are secure, minimizing the risk of legal disputes and enhancing the film’s marketability and financial viability. it can destroy several things, and one of the things that is really damaging is distribution. It can damage your ability to distribute the film. This is not the only thing, but there are several facets. Mike Boas hopefully this all makes sense.
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Thanks everyone! Mario, your comments especially made it clearer for me.
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Great question and thanks Mario for the answer.