I have brought on a writing partner to rewrite one of my first scripts. I have a question of rights about the project. It was my original script and concept that I decided to make a rewrite. It is copyrighted with the US Copyright Office and registered with the WGAW. Now that there will be a new version how do I protect it with two writers. The agreement was to write it together and split the profits 50/50. Do I maintain the rights when I copyright the new version? Does the 2nd right get rights to the script as well?
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Unless you had a agreement in place. The new version is copyright to the new writer. There is nothing the new writer can do with it as they don’t own the rights to the underlying material you do. So it is useless to both of you until you reach an agreement.
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Thank you for your feedback. We do have a basic agreement in place. We will have to expand upon it and spell it out more. Again, thank you for your feedback.
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Any additional changes following that submitted draft are not legally covered by copyright protection. However, WGA offers the ability to submit each draft to act as a “proof of authorship” by registering a particular iteration of a script at a certain time. Any changes made after the most recently submitted draft are not covered. Submitting each draft is beneficial for maintaining a paper trail in the event an individual must prove their ownership of a particular iteration of some work. Subsequent drafts of a screenplay are mostly considered derivative works of previous drafts.
Now Library of Congress( LoC) I think considers Derivative work for any editorial changes of your original script which includes editorial revisions, annotations, elaborations, or any modifications. So Derivative works are similar to the original work in some substantive way as long as the original copyright owner gives consent or sometimes a percentage sort of discussion in that agreement on what changes and how much money will be shared or something on those lines. A derivative work is non-infringing as would be the case with additional drafts of a screenplay by other individuals.
https://screencraft.org/2019/11/12/5-things-screenwriters-should-know-ab...Just found this article https://www.sidebarsaturdays.com/2019/08/10/derivative-works/
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Thank you all for your feedback and insightful information.
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Dunno the US processes, but here I got kinda screwed once over the chain of title, good thing script never went into production. Next one I'm now setting to shop around my places has a copyright on me, black over white...