Hey everyone, this is my first post on Stage 32! I've recently finished writing a feature-length thriller found-footage movie that I am very excited about, but I have some big rookie questions about Copyright. I've been writing scripts for a couple of years, but this is the first time I feel the need to protect my work. Quick Background: My close friend came to me with this rough draft of a script that was only 60-something pages long and he wanted me to co-write with him, which I agreed to if I could make some big edits. I immediately made large changes to it- cutting large chunks of scenes, re-writing the dialogue, re-writing the descriptions, etc. The original script needed intense revisions, and after my first revised draft, I wanted to continue improving it. Over the course of many months (on-and-off for a year now), I continued to work on the script, at first with my co-writer, but then soon enough independently, for we agreed that his music career was too distracting and that I could work better more independently, with him as a collaborator. Now, after five straight months of mostly independent writing (with monthly notes from my partner), I have a final draft, and it looks almost nothing like his original script (although he loves it). Characters have been cut/added, the dialogue has almost been completely re-written, and I added an entire extra 30+ pages of my own original scenes, including an entirely new third act. But again, at this point it feels like every single page is my own original page, having tweaked every single action and line through my motnhs of editing. So now we are trying to figure out Copyright, and we both want this to be fair. He agrees that he should get whatever percentage of the credit he deserves, but is also concerned that neither of us understand the legalities enough. The story/premise is ultimately his idea- he created it. But the screenplay itself is almost completely my work- my writing, my developed characters, my ending. There's very likely few words left in the text that he had written himself, which makes me feel that I should have a VERY large majority of the credit (also considering that I spent about 10-15 hours per week for the last five months on this, while he has spent almost zero). Any advice on where to start with this? How do we determine credit? What can I give to my partner for credit on creating the story without sacrificing my deserved credit for the actual work put into these final drafts? I cannot help but feel that at least 80% of the effort going into this screenplay was mine, so I want to make sure to protect myself. Any advice at all will be appreciated, sorry for this novel! Thanks for reading!
Screenwriting : Copyright and Co-Writers by Andrew K. Meyer
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It is not required to make a formal copyright application to the government. Written original work is automatically copyrighted. (Although not necessarily protected if you do not publish before somebody else publishes something similar!) Story idea is a huge part of writing. I think it's fine that you are listed as the first author, but you can send it out with the copyright symbol, and list the other person as the second author. The amount of money you split for any possible revenue is something you can write a contract for, and you might want to set up a joint-venture or some type of partnership governed by the law of the state you live in. You can then say you have 80% in the partnership, and the partnership owns the rights to the published work. Then anybody negotiating must negotiate with the partnership. You can probably do a simple partnership with LegalZoom.com or something like that. But if you think things could get ugly and contentious in the future, it might be better to hire a lawyer YOURSELF to get advice for yourself about how to set up a partnership. I hope this helps.
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Since copyright relates to the words on the page, it may be appropriate for you to approach this in two phases: 1) formally copyright the script in your name and likewise register it with the WGA; 2) develop a contract covering the division of potential income from the script including sale, ancillary rights, etc., with the split determined by contribution to the script. From your description something in the range of 80-20 to 70-30 might be appropriate. Unfortunately, you'll need an entertainment lawyer to do this well -- both for drafting the agreement and keeping peace between you and your semi-co-writer. There's nothing like the smell of money -- even if the smell is remote -- to burn friendships.
This is all fantastic advice, thanks a lot! If anyone else has something to contribute, post in here, these answers from various filmmakers is really helpin my perspective
Yes, copyright it before you send it to anyone but bare in mind, copyright registration does not determine percentage of ownership. Next, you need a contract in writing specifying ownership that you both agree to. Certainly a Story by (your friend) and screenplay by (you) or, depending on how much of the story has changed as a result of your writing process, Story by (your friend and you) and Screenplay by (you). But I can't stress this enough, get something in writing that both of you have signed and do it as soon as possible.
I'm sorry if my comments were interpreted as frivolous about copyright, but technically, there is no requirement to file a copyright with the government--original works are automatically copyrighted. FILING your copyright, of course, might make it easier to protect from infringement, but it is no guarantee. For instance, if John Smith writes a story on his computer, and Joe Jones steals the file and files a copyright of it with the government, that does not mean Joe Jones has a legally defensible copyright just because he filed it first. Filing is not a guarantee--it is one more piece of evidence if there were an infringement. I believe the range of advice here is probably just making things more muddled, and it would be better for you to seek legal counsel in the state you live in. A reputable attorney will not charge money for the first meeting.
If you are just starting off your career as a screen-writer don't get obsessed with credit for yourself. Let go for some more time. Because if this is your best work yet, then better will come when you work independently. Also, if the first spark of the writing came from your friend then he deserves 50 per cent of the benefits even if the final product is 80 per cent your work. I am not trying to be Gandhian here. but just suggesting that you should take it easy.
If you win and you've registered with the LOC, then the loser has to pay your legal fees. That's the point.
I have been here and you get ripped off enjoy your film at the theatre. They ripped me off on the movie and two remakes.
Hey everyone, thanks for all of the detailed input!! It seems very clear that my first step needs to be setting up some kind of partnership/contract between me and my partner. Does anyone have advice on where to start with this? What are my cheapest options and if I do need a lawyer, how would i go about finding one who understands entertainment legal issues? I feel slightly clueless in the business of entertainment. These are all rookie questions and I sincerenoy appreciate you pros for your wisdom.