Shouldn’t I get credit for the outline?
I work for a small European film company. On one project-in-development (based on historical events and characters), my boss verbally outlined the story of the entire screenplay while I took notes. I then went away and wrote a 35 page detailed outline based on her verbal instructions and incorporating my own much more detailed descriptions, scene settings, character nuances and several ideas.
The treatment was written mostly out of office hours and on my own personal computer without overtime pay. My boss didn’t write a word. The treatment was always intended to be sent to a more experienced screenplay writer, and I was always happy with this. I never had a special contract for this project (nor do I have any contract with this company), doing the work in good faith and expecting at the very least my name would remain on the treatment.
However, the treatment is about to be sent to the screenplay writer and I’ve noticed today that my ‘treatment written by’ has been taken off the treatment and my boss has left her name only with ’story by’. When I asked about this I was told that it was not my film. I spent a huge amount of time on this and am quite upset, mostly by the blatant disregard for my work.
In this situation do I have copyright in the project? Should I insist on having my name included on the treatment and should I get any credit on the eventual film?
– Marley
London, UK
Not only am I not a lawyer, I’m not a British lawyer specializing in copyright. So my advice here isn’t as counsel, and shouldn’t be considered as part of any legal claim whatsoever.
That said, don’t pursue it. As frustrating as this is right now, you have the opportunity to learn from it. And so do the people reading your question.
Let me break down your statement into smaller chunks:
- You’re employed by a film company in some sort of production executive or assistant role.
- Your company is developing a project based on historical (and presumably public domain) material.
- Your boss instructed you to take notes as she pitched the entire plot of the movie based on that material.
- You wrote up this pitch as an outline, embellished with your own details. (It’s unclear whether you were instructed to embellish, or if you did this on your own.)
- The result, a 35-page document, was sent to a screenwriter.
- As sent to the screenwriter, that document did not have your name on it.
Let’s start from the top. You’re employed by a film company. Depending on British laws, anything you write on behalf of the company may be their property, just as a spreadsheet an accountant creates for a paper company is owned by the company. Again, I don’t know the specifics of how it works in the U.K., but in the U.S., this would certainly be a factor in any copyright claim. Writing the outline after hours on your own computer is unlikely to matter, since you were writing it on behalf of the company.
Second, the property is based on public domain sources. If this were based on a novel the producer had optioned, I doubt you would be writing in with this question, because you would recognize that the story belongs to someone else. It’s partly because the source material is “out in the wild” that you feel ownership to your creation.
In this case, the story belongs to the producer. You say she verbally outlined the story of the entire screenplay. So I ask you: if she had tape-recorded her pitch and asked you to transcribe it verbatim, would you still feel the pangs of authorship? Probably not. You’d see yourself as a typist.
Which raises the question, At what point in the embellishment did the outline become “yours”?
That’s a tough question for you to answer, and even tougher for a judge or jury.
I have some sympathy for your boss upon being handed a 35-page outline. 1 Here is the movie she pitched you, but with changes she couldn’t have anticipated. It’s her story, but suddenly your name is on the cover, and it’s not at all clear whether the extra work is meant to impress her or grab credit from her.
To put it bluntly, are you a brown-noser or a back-stabber? An over-achiever or an underminer?
If I were in her place, I would sit you down and have an uncomfortable conversation about your job description and the difference between what you do and what a paid screenwriter does. Because imagine the scenario in which you suddenly came back with a 120-page screenplay. She would rightly be furious. You would have taken her story without permission.
Which leads us to the last point. The outline you wrote was sent to a screenwriter — for whom I also feel sympathy, because an outline at that level of detail feels like a straightjacket. But assuming the movie gets made (a big assumption), how would you hope to defend what pieces of the final product are “yours”? You wrote the outline following the instructions of your producer, so every element would come down to you-said, she-said.
Again, I’m only responding to the facts as you presented them. I understand why your feelings are hurt, but I think pursuing them further is a mistake legally and professionally. Writing up notes, outlines and beat sheets is part of a creative exec’s job description. And so is not getting credit when credit is due.
When I was in film school, the president of production for Warner Bros. came in to talk about his job. He said that his buddies back home would see his movies and always ask, “Why isn’t your name on it?”
“I’m the shield,” he would reply, referring to the Warner Bros. logo.
And that’s where you’re at, Marley. Your credit is the production company billing on the movie. If that’s not enough, take it as incentive to write or produce your own movies that will carry your name.
- I’m using “outline” and “treatment” interchangeably. Treatments tend to be longer than outlines, but at this length, either term makes sense. ↩
Filed under: Film Industry, Psych 101, QandA, Rights and Copyright
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September 3rd, 2008 at 10:09 am
This is also all based on the assumption that IF the movie gets made the screenwriter will stick to the original outline. Personally, the first thing I would do is find the key points of the outline and throw everything else out.
It’s pretty hard to stand on an outline when there are writers who’ve written an entire screenplay and still missed getting any sort of credit on the produced movie.
September 3rd, 2008 at 10:26 am
I just want to second what John wrote. I’m a member of the WGA west, Inc., and have served on several arbitration panels to determine the final credits of a film.
In the US, your chance of receiving any writing credit would be nil.
September 3rd, 2008 at 10:56 am
I’d have to say, since the “boss” dictated the entire movie, which was then transcribed (from the detailed notes taken at the meeting) by “marley,” that the outline and story by credit is entirely theirs [the producers]. And “marley’s,” blatant attempt to take credit for that work falls just short of plagiarism (and I do mean “just”) andif I were “marley’s” employer, their ass would be looking for a new job. And I doubt they’d be getting a severance package or a recommendation letter either.
September 3rd, 2008 at 11:01 am
I don’t understand – does Marley actually want to be a screenwriter? If so, she should’ve talked to her boss about her involvement (and credit) BEFORE putting pen to paper (or at least after taking the notes – when they discussed how to proceed).
September 3rd, 2008 at 11:26 am
A bit off topic, but since a 35 page outline for a movie that will probably end up with a 120 page script is way overkill, what’s a good ballpark length for an outline like this?
September 3rd, 2008 at 12:41 pm
Some of these details aren’t clarified, like how much of the “story” was dictated to Marley before she went off on her own. If her boss just gave a 5 sentence pitch about the basic story outline, then the subsequent embellishment into a 35-page treatment was done in bulk by Marley herself. This is where I can understand her frustration about not getting credit. However, unless they had some sort of agreement beforehand, like her boss saying, “Hey, Marley: You seem eager and full of ideas. Why don’t you take a crack at the treatment.” then there isn’t really any credit to be given, other than her boss saying, “Great job, Marley.”
I really don’t think it comes near the realm of plagarism, though. Sounds like Marley went a step or two above and beyond in the hope that her boss might say, “These are such great ideas, which hadn’t been mined before, that we’re promoting you to producer/screenwriter on this project and a 3-picture deal afterwards…” Instead, there was a pat on the back, the producer’s name slapped on it and it was sent out. The fact that she decided to add her own ideas outside of her boss’ instructions isn’t really plagarism, it’s just an empty gesture.
September 3rd, 2008 at 2:33 pm
I want to produce and/or direct a feature I have a story idea for. What would be the proper approach to take to hire a screenwriter? How detailed should the treatment be? (I’m guessing five to seven pages.)
How much input to the story would warrant a “Story By” credit?
Since I’m planning to make this myself as my first feature, it is unlikely to make any money. In addition the screenwriters I know haven’t had anything major produced. With that in mind, what’s a realistic amount to pay such a writer?
Thanks for writing an intriguing blog.
Peace,
Rob:-]
September 3rd, 2008 at 2:36 pm
I get an error when attempting to subscribe to the comment RSS feed:
XML Parsing Error: XML or text declaration not at start of entity Location: http://johnaugust.com/archives/2008/credit-for-outline/feed Line Number 2, Column 1:<rss version=”2.0″
September 3rd, 2008 at 3:19 pm
@Rob: It’s working for me on NetNewsWire. Which feed reader are you using?
September 4th, 2008 at 1:39 am
I was told at University that “Ideas aren’t copyright unless you write it down”. My interpretation of that means writing down the idea as a treatment/outline/scribbles on backs of envelopes – which then get turned into a proper draft of a screenplay (that’s the bit you can copyright). The back of a envelope/treatment etc… you can keep to add evidence to the case should you have to be able to prove that the idea for the script was yours. Therefore, behind every 120 page script, there’s a full to busting lever-arch folder with paper in it.
For all you might know your Producer may have done this already at home, thought about it more in detail on the Tube, then called you in to take notes, whilst she pitched. This original idea was your Producer’s (hard as that might be to accept) and she got you to write it down. Producers are the talent when it comes to getting the film financed, keeping check on the figures, getting the production off the ground, they are business people who like the Arts, but aren’t inclined/talented to write the thing themself (exceptions to every rule) – which is where you come in. And the Screenwriter they hire. If I was that screenwriter, I’d want the bare bones to begin with and take out all the ‘noise’. Like Dave said.
Sadly, Marley, you got far too enthusiastic in your job (we’ve all done that) and added your own stuff, which might have been better kept in your own notebook until you had the time or inclination to put them into a treatment of your own and write the script.
To conclude, I know you must feel absolutely gutted and rightly naffed (for want of a polite word) off, but take this one as experience and let it go. It’s only a treatment – not a script. Next time, just write what the Boss tells you and check the apostrophes are in the right places. You want your name on something that you’re prepared to spend hours slaving over, write a script of your own. Submit that – you’re already ahead of us unsolicited types that get a 10 page read before being shredded (and that’s if we’re lucky). You have Producers to show your work to in their coffee break. Don’t waste your opportunity. There’s evidently a Writer in you somewhere.
September 4th, 2008 at 7:23 am
Thanks everyone, good to have this cleared up, I think I’ll spend my spare time on my own scripts in future!
September 4th, 2008 at 7:42 am
I agree with John. Marley was doing her job. If Marley had come up with the idea, written the treatment then maybe she would have had a case.
I just sold a treatment to an Italian company. The company will show the treatment to an Italian screenwriter who will write it (I can barely speak Italian so clearly I cannot write the script).
The idea was my own, I pitched to the company and then my lawyer spoke to them about the details.
If Marley wants to be a writer….she should go and write.
September 4th, 2008 at 9:28 am
I have to say the commenters here seem to be overly harsh to Marley. I don’t think he (she?) was intentionally or maliciously trying to steal credit. He’s probably just young and/or inexperienced, and aspires to be a screenwriter or producer or whatever, and put a lot of work into this outline in the hopes that this would get him noticed. I certainly don’t think he should be fired over it, he just needs things explained plainly (as John’s post did). I’m sure if he had actually talked to a lawyer he would have learned the same thing.
September 4th, 2008 at 9:40 am
“(I can barely speak Italian so clearly I cannot write the script)”
I can barely speak English, but that hasn’t stopped me.
September 4th, 2008 at 9:48 am
Hey Marley,
I am a lawyer (so let me add to what Alice said and also agree with John.
Under U.S. copyright law you wouldn’t have a leg to stand on, reams of paper documenting what you did versus what your boss did versus what the screenwriter did notwithstanding. The copyright for any work you do as an employee belongs to your employer unless you have specifically contracted otherwise. Also, as Alice said, copyright doesn’t protect ideas, it protects the “expression” of the idea, which resides not in the treatment but in the screenplay and finished film (each of which are copyrightable works).
Another way to look at this: Building a career isn’t about getting credit for everything you do. It’s about getting to the place where you can get credit. Sounds like you want to be a writer but you have a day job working for a producer, which gives you a great opportunity to learn about story and the reality of making movies. The work your boss asked you to do (and the extra mile that you went) gave you a chance to hone your skills at a time when you’re not yet being hired to write. That’s a great position to be in. Your boss gave you the opportunity to learn and a vote of confidence to boot. By being willing to be of service to her, you may have built a relationship that will serve you later, and at the very least you racked up some good karma points. Sometimes it’s not about what you get but what you give. You’ll get yours in due time.
P.S. NYC/carribean ragazza — Since I need to get back to my own writing, I’ll say it here rather than going to your site. Congratulations!
September 11th, 2008 at 10:12 pm
Paula? Are you really a lawyer? I ask only because you response that a treatment cannot be copyrighted only a script can. Ummmmm…you can copyright a grocery list if you so desire, so I’m pretty sure you can copyright a treatment too.