Writing while at a studio
I work at a major studio in town as an assistant. But the joke is that whatever I write is owned by the studio. It kind of freaked me out today and although I know you’re no lawyer, is that just something people say jokingly?
I could understand if I use a work computer, but does that mean even when I’m at home? Should writers not take assistant jobs at studios?
– Chris
Sherman Oaks, CA
Screenwriters have always been assistants, because studios are a great place to learn about the realities of the industry. And in the fifteen years I’ve been working, I’ve never heard of a situation where the studio claimed legal right to a screenplay an assistant had written.
Not saying it’s impossible, but it doesn’t happen as a matter of standard practice.
You’re right to use your own computer and your own time — and that would hold true even if you worked at a Chevy dealer. If the studio has you sign a document establishing that anything you write belongs to them, well, take that seriously. Consider looking for a different job.
In most cases, what’s more important than the legalities are the formalities. If you’ve written some scripts and are in the process of looking for an agent or manager, it’s custom to talk about it with your boss and let her read something if she asks to. Don’t use her contacts as your contacts; your networking should be with other assistants.
You’re looking to preserve a relationship, both with your boss and the studio. Be respectful, even deferential, and you’re unlikely to run into any problems.
Articles
January 8th, 2010 at 7:12 pm
In my experience, working at a studio as an assistant involves signing a ton of start paperwork with fine print that DOES essentially say all creative work you produce while working there (even if not done in the office) does belong to them…..
That said, I do agree with John. If everything you’re doing is Kosher (i.e. not writing a script based on a pitch you’ve heard floating around the office) I don’t think a studio would ever claim ownership. I also know a bunch of assistants who have made it as writers and they’ve never had a problem.
January 8th, 2010 at 10:59 pm
I work for a studio and they have first right of refusal only. Meaning, if you write something, before you shop it, you have to go through them. If they don’t want it, then you can take it to the street.
January 9th, 2010 at 7:59 pm
Ha! I used to work at a Chevy dealer and wrote ALL my scripts on their computers and on their time. I guess my early catalog belongs to them.
I’m sure they’ll be thrilled.
January 10th, 2010 at 4:14 pm
Same as any work you do while on the job. I have to share a patent with the company I used to work for. They were very kind to let me be a part of it and to keep my name attached, as I did all the work on work-time and used their software. As for writing while at work, I don’t think I could have done it. I can now as I’m full-time in the writing program at VFS. cheers
January 10th, 2010 at 7:33 pm
it helps making a movie miley cyrus pays for so she can have an oscor in return
January 10th, 2010 at 9:21 pm
and then you could make a professional personality egging people off, because you got rich and who cares. just like Miley Cyrus. some people just need the power they just will never have. even having it all is no good. john will never be cool, cause he just don`t get it. I know it, now he thinks revenge time as the only option, just like his little hero Miley. hey john, deliting my comments is not a power thing. its what cool guys do if they see someone is in trouble,. hey, no biggey.
January 10th, 2010 at 9:48 pm
I came here by way of reference of Justin who I have an ongoing discussion with on moviemaker.com about script writers (Cinema Law: Screenwriter Rights) who, after selling a script to a film/video producer, are able to freely/independently publish the story/plot in other media such as books, online, etc. Does anyone here know of any examples?
January 10th, 2010 at 11:11 pm
bjoern – you are babbling and make no sense
Jeff – the Chevy dealer would only own the rights if they had you sign something saying that intellectual property you created while working for them belonged to them. The thing about their machine/their time is just a matter of professionalism.
January 10th, 2010 at 11:27 pm
Kevin mentioned “I have to share a patent with the company I used to work for. They were very kind to let me be a part of it and to keep my name attached”
Your employer might have been kind to you – but leaving your name attached to the patent wasn’t just kindness … it’s the law.
The patent will be ‘assigned’ to the company who owns it, but they MUST list the names of the actual inventors. If they didn’t list your name it would have invalidated the patent.
That’s one of the very cool thing about patents. The rules isn’t there for the ego of inventors .. it is about figuring out who really owns the IP when people change companies. Imagine if a programmer quits her job and the very next day just ‘happens’ to come up with an idea and lodges a patent which ‘coincidentally’ seems to cover the very product she was developing at her old job
The rule that insists the names of inventors gets listed at least theoretically prevents this kind of thing being hidden.
Mac
January 11th, 2010 at 5:21 am
@Chris,
Do a quick search of the internet for the phrase “work for hire.” It is a copyright theory that addresses creative work done and whether the employer owns it. Unless the VW dealership hired you to write scripts, it is unlikely that it would have the right to scripts you wrote on your own time. Similarly, if the studio pays you to proofread, get coffee or write advertising copy, what is the likelihood they can claim they own your screenplay?
One element of “work for hire” is whether you are working on your own hours, on your own equipment. For this reason, I wonder if John August has considered that he may have the right to some part of his assistant’s screenplays. I understand from past postings that his assistants are permitted to work on their own stuff while “on the clock.” What does their employment contract say about this, if anything, I wonder?
January 11th, 2010 at 6:48 am
@Laura Deerfield partly because no desired people react to me (hell). i`m thinking wrists, or rope or something even more wicked. yo all heaven people. you guys make shitty products.
January 11th, 2010 at 8:21 am
fuck i feel bad. cocky and funny is not funny if youre mad and just cocky. i never even wrote one full script and i still find myself complaining. sorry. john deserves a prettier site and he refuses to edit even the lamest stuff. i
m going to become more like lady gaga. she got shitt from people for years before she made it. im not exactly my favourite person right now.January 11th, 2010 at 9:39 am
Unless your studio was really shady, wouldn’t it be nice if they picked up your script one day and said, “Gee, I’d really like to produce this! It’s going to star Johnny Depp.”
Probably not going to happen, but still…
January 11th, 2010 at 11:06 am
@(7) Brian — not on a sale, but my first option retained publishing rights for me (novelization, serialization, etc) had it gone to sale (it didn’t). Can’t recall if I also retained online/video games/etc. Currently negotiating option on a different script, and my attorney is again looking for the same protection. Not sure I’ll get it this time ’round…
January 11th, 2010 at 6:22 pm
@Jonathan Peters it`s really what is going on, right? but that writer has to gain status in the community before it does.
its much like psychology. humans state to figured it out, because of very popular figures in the past.
in the states, you can go to screenwriter school. outside the states, you have to work your way up and have to be very popular to get it.
January 11th, 2010 at 6:52 pm
@Fred: “One element of “work for hire” is whether you are working on your own hours, on your own equipment. For this reason, I wonder if John August has considered that he may have the right to some part of his assistant’s screenplays.”
No. ‘Work for hire’ (or ‘work made for hire’ has a very specific legal definition. In the USA, it is defined by the Copyright Act (1976)
If the person is an employee, it is only ‘work for hire’ if: 1. The work is prepared within the scope of his or her employment
The law doesn’t consider questions such as who owns the pen & paper used.
So the real test of ‘work-for-hire’ for an employee is whether it is really ‘within the scope of employment’.
A simple test: Imagine if you walked up to the boss and said “I worked on the weekend writing my own screenplay using the company laptop. Will you pay me standard hourly rates for my time, or will you pay me overtime ?”
Imagine your bosses response! If it is something like “I don’t pay you for doing that” then clearly writing that particular screenplay clearly isn’t ‘within the scope of employment’. (Feel free to tweak the scenario to fit your particular employment conditions)
It’s a simple test – but very informative !
Mac PS: The rules are different if you aren’t an employee (eg – a contractor). In that case: 1. The work needs to be SPECIFICALLY ordered or commissioned -and- 2. There must be a written agreement between the parties specifying that this particular work is a work for hire
(There are other provisos as well)
PPS: This is just a general test as to what counts as ‘within the scope of employment’ – it certainly isn’t advice – legal or otherwise !
January 12th, 2010 at 8:46 am
Can someone hire bjoern’s identity and define the scope of his employment to include comments posted on other people’s blogs — content created whenever and with whatever — and also give the company the power to fire said identity if content clearly obfuscates the reader? Just curious.
January 12th, 2010 at 1:11 pm
Just look what happened with Bratz and Matel:
http://www.cbsnews.com/stories/2008/12/04/national/main4647827.shtml
January 19th, 2010 at 11:20 am
what if you work outside the scope of screenplay development? I work in post-production at a network, one which falls under the corporate umbrella of a studio, but well outside the realm of motion picture development? I have had to sign a document which John describes in his post, but so does everyone else, from studio development assistants to financial analysts. Anyone have any thoughts/experiences to share?
January 19th, 2010 at 3:14 pm
This is not true. It would never happen. That a studio asst writes a screenplay on their own time, own computer, and has the studio try to say it is their property? No way.
January 22nd, 2010 at 1:52 pm
@thorsmark
thank you, got it, miley christmas.
I recomend reading more of my material. And John wants me here to have a great LOL. or else I would be blocked. I even changed my name a little to get a second approval.
If you were the one, you would understand. but youre not. my words are saving more lives than you wuld ever know about. so put a little humble sock in it and try the same some time. and see how frustraiting it is to make a twitter profile 100 hundred times and get gouverments to apply just one of your ideas each time. frustrating.
January 22nd, 2010 at 2:04 pm
but yes. alot of stuff was ballsy, maybe hurting individuals too much and I`m sorry.
but some filmakers play ballsy too. Zack Helm did a mistake writng STF. Therapy is a dangerous bet, and people got hurt.
January 26th, 2010 at 3:28 pm
I find the advices very usefull. This could probably make any person fear for it’s own rights.
My question is, living in another country and not having English as the mother language, what is your advice for beginners in writting-directing?
Thank you.
January 27th, 2010 at 9:32 pm
Sorry, I’m not sure where to send these comments, so I just posted this on the first open forum I could find.
I’ve got a completed screenplay and I’m submitting it for my MFA Project. I also want to enter it in a couple of screenplay contests, in the hopes that I can get noticed, maybe get an agent or a producer to look at my stuff.
Unfortunately, I’m writing from the heartland of Kalamazoo, Michigan, and I have no idea how to get my work in the right hands. What tips do you have for aspiring screenwriters who submit scripts into contests? Is it worth my time, if the goal is to get a project produced? Or is there another avenue on which I should concentrate?