When writing teams break up
I recently parted ways with a writing partner, and while untangling the issue of who gets to keep what material, a nagging issue has surfaced, to which I cannot find a satisfactory answer.
I decided I wanted to go ahead and complete a script we had both outline, but the premise of which was his. I contacted him, and after discussion, I changed my mind. However, I decided to use only a single character from the script we had outline (and only the basic character outline, such as “prison guard” or “starship captain.” I devised an entirely new premise, dependent not all upon his initial story.
My ex-partner informed me I could not use such a character in my piece without some type of concession on his behalf. Is this true?
– Anthony
Eagle Rock
It’s “true” in the sense that he won’t be satisfied. Both of you think that something about this character has value, even though it’s purely speculative at this point.
Without knowing the specifics — and both sides of the story — I can’t offer any strong opinions on the legal or ethical issues involved here. But from a practical perspective, if you try to write this story that has some connection to the work you did together, you’re going to be dealing with this pissed-off person (or the chance this pissed-off person will reappear) for a long time.
My advice: Figure out what it is about this story/character/world that intrigues you. Then come up with something wholly your own that scratches the same itch. Maybe you think you’ve done that with your new story, but you wouldn’t be writing in if that were the case.
Articles
February 21st, 2009 at 10:21 am
Follow-up: Can you re-use material written into previous scripts that are now owned by other parties? Like a great monologue or visual.
I heard Tarantino used stuff from his Dusk Till Dawn script in Pulp Fiction. And Ted Elliot and Terry Rossio apparently had written a horse stepping off a boat into numerous scripts but the visual never made it into a movie (until Pirates3).
February 21st, 2009 at 11:05 am
I suggest you just suck it up and offer him a ‘based on characters created by you and your partner’ credit. With screenplay by you. If he accepts, get it in writing now, to save you mucho headaches later.
February 22nd, 2009 at 12:34 am
That’s good advice. I went though a split a little while back.
And when I split with this partner after having pitched him a couple of ideas, he asked, “You’re not going to use those ideas we discussed, are you?” when all he had offered was a change of location on one idea.
If our “discussion” consists of me pitching him ideas, those ideas are mine, right?
I’ve basically put those ideas on hold for now and am working on other things. Maybe years from now I ‘ll come back to them, and then there’d be no way he’d recognize whatever idea is left…
February 22nd, 2009 at 12:43 am
Hello,
I’ve written two scripts with a partner – and the only deal that we found works out is a 50/50-deal. Meaning: Everything in the stories developed together is half his material and half mine. Our money-deal is just like that: we get half of everything.
This works best because: no discussions, no fights, no harsh feelings.
It’s a compromise. Is the workload always 50/50? Certainly not. There are phases in the process in which one of the partners works harder or makes the more important decisions. But at other times, that turns around. And if this script is more like 60/40, well, maybe the next one will be 40/60.
What I’m trying to say: I would never ever try to untangle this kind of collective creative effort. You’ll never end up happy, there’s no fair solution. It’s useless fighting and nobody’s right. Everything belongs to both partners. So if your partner tells you: go ahead, use it, cause I won’t – then go ahead. But if it becomes an issue – make it 50/50 or do your own thing.
says Magnus
February 22nd, 2009 at 4:37 am
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February 22nd, 2009 at 8:09 am
@ Magnus — Do you have an example partnership agreement? I’m looking to formalize a writing partnership and want to make sure all bases are covered.
February 22nd, 2009 at 8:31 am
Jeff:
If you want something nice and formal, you want to create a Joint Venture Agreement. It basically splits everything down the middle including any debt that you both might incur.
February 22nd, 2009 at 11:40 am
@jeff:
nope, don’t have it – my agent does all that for me. Plus: That’s here in Germany, Europe…
But: The deal me and my partner have is one with the broadcasting people. They give us the assignment and we tell them: we do it 50/50. So they actually make two contracts, one with each, and split the money in two. In detail, the actual contracts have slight variations, since we have different agencies. But legally, we both have the rights to everything.
The important part is that WE know we’re 50/50. All decisions have to be made by both of us.
February 22nd, 2009 at 2:54 pm
@Kevin: Thanks for the insight. Let me know if there’s a place you’d recommend finding an example Joint Venture Agreement.
@Magnus: Point taken.
February 22nd, 2009 at 5:39 pm
Just give him co-story credit and be done with it.
Sounds like he’s being difficult, but if the situation were reversed, you might feel that you were entitled to some consideration.
February 22nd, 2009 at 6:05 pm
Here’s another related question. The history is: Only have sold material with a writing partner, but want to work on an idea solo. It’s an idea that I’ve come up with completely, so there’s no concern of him thinking I’m taking material that we’ve developed together. But do I have to let him know what I’m doing? In no way do I want the partnership to end, but it’s just this one idea that feels personal to me.
Thoughts?
February 23rd, 2009 at 11:18 am
@ Bill, no you don’t, but it’s better for the relationship if you do, and it’s only fair to him. If your individual writing career takes off, he won’t go along for the ride, nor will he be able to get much mileage out of the work you did together unless your schedule permits you to continue writing with him despite your solo success. So give him the heads up so he has the option of better planning for his future by doing some solo writing on the side too.
It shouldn’t be a huge deal.
March 24th, 2009 at 6:48 pm
This relates to my own personal predicament. I’m a high school student and I’ve been working on writing a book. I have a friend in one of my classes that’s the prying type. She read what I had wrote and decided to work on it with me. She began to change everything about my story and what I had primarily intended for it. Frustrated, I decided to just stop talking about it with her. It wasn’t my story any more, but some fabrication of her own. It wasn’t what I wanted. I removed every trace of her work from mine and purged it. I’m afraid that if I ever published my work, she’d claim it as her own. Everything in that story is mine, the characters, their personalities, their history and background, the plot and story line. Every idea is mine. As a safeguard, I gave the main character the same initials as my own. It likely isn’t enough to prove that it’s mine, but I did so anyway. Is there any chance that she can try to claim it as her own? I don’t care about money or anything like that. I care about the fact that the story is MY creation and I refuse to share it. Any help?