Rights and Copyright

I sing this song for you. For free.

January 23, 2011 Rights and Copyright

Composer Jason Robert Brown is flattered when young singers like his work, but wishes they wouldn’t [pirate his sheet music](http://www.jasonrobertbrown.com/weblog/2010/06/fighting_with_teenagers_a_copy.php):

> I signed on to the website that is most offensive to me, got an account, and typed my name into the Search box. I got 4,000 hits. Four thousand copies of my music were being offered for “trade.” (I put “trade” in quotes because of course it’s not really a trade, since nobody’s giving anything up in exchange for what they get. It’s just making illegal unauthorized copies, and calling it “trade” legitimizes it in an utterly fraudulent way.) I clicked on the most recent addition, and I sent the user who was offering that music an email. This is what I wrote:

> Hey there! Can I get you to stop trading my stuff? It’s totally not cool with me. Write me if you have any questions, I’m happy to talk to you about this. jason@jasonrobertbrown.com

>Thanks,
>J.

> Nothing too formal or threatening, just a casual sort of suggestion.

His [back-and-forth email exchanges](http://www.jasonrobertbrown.com/weblog/2010/06/fighting_with_teenagers_a_copy.php) with a young fan (Brenna/Eleanor) make for a great discussion on how different copyright looks to different generations and needs. To Brenna, it’s unfair and unrealistic to insist she pay. To Brown, it’s common sense: of course you pay for the things you take.

Brown’s blog post is a few months old, but I hadn’t seen it until it was featured in the latest issue of the The Dramatist.

Also worth a look: a handy guide to the [most common rationalizations](http://www.digitalsociety.org/2010/07/jason-robert-brown-debates-rationalization-of-theft/) for copying.

When is it okay to write for free?

November 2, 2010 Film Industry, QandA, Rights and Copyright

I’m a relatively new screenwriter, also working as a PA and doing script coverage. I’m loving it but it’s not helping me on actually getting my writing out there at all. While the coverage is helping me grow as a writer it’s not helping me get a foot in the door, so to speak.

This has left me looking around for any writing gig I can land to help get my name out there, but I’m quite unsure as to if I should even approach an unpaid writing position. Not that I’m not willing to put the work in but I just don’t want to get screwed over.

Am I right to be wary of these types of positions? I just don’t know how to get my work out there.

— Tim
Toronto

Any work you’re not getting paid for should be yours and yours alone. That’s why aspiring screenwriters write spec scripts. That’s what you should focus on writing.

Still, there may be situations in which it makes sense to write a script for someone else without getting paid. You become friends with a promising-but-broke young director who asks you to write her screenplay. You might say yes. And while it would be smart to have some kind of contract at the outset delimiting rights and responsibilities, it will ultimately come down to trust.

As the writer, you own copyright until you don’t — either by signing a contract transferring copyright, or by entering an agreement to make it a work-for-hire. Yet in many of these situations, someone is coming to you with a property, an idea, or some pre-existing material that makes ownership much less clear-cut.

So again, you’re ultimately going to decide based on how much you trust your collaborators.

You may find writing gigs that are more work than simple coverage but less than a whole screenplay. Say a scrappy young producer asks you to write three webisodes for him, unpaid. Run the cost-benefit analysis in your head. Would you get enough out of the experience to make it worth the hours you spent? If so, do it.

But my first advice remains my final advice: most of what you write should be for yourself or people who can pay you in money, not experience.

Do novelists get more for successful adaptations?

July 15, 2010 Big Fish, Film Industry, QandA, Rights and Copyright

When a novel is adapted into a film or television series, how does compensation to the writer of the original novel work?

Does a studio pay the writer in one lump sum and then is allowed to do whatever they want with the property? Or does the original writer still benefit in some form if the adapted film or series is successful? For example, in the case of the television show Dexter, does Jeff Lindsay receive any extra compensation because the show has lasted as long as it has? Or was he paid only once, and then the success of the series makes no impact on his checkbook?

— Corey

I don’t know the specific deal with Dexter. But as a general case, yes, both scenarios are possible.

The studio (or producers) might pay a lump sum for all theatrical and/or television rights, generally structured as an option agreement. (Some money now for an exclusive hold on the rights, more money later if we decide to make it.)

Particularly in the case of a best-selling novel, the writer’s deal could include some form of backend. For a television series, that would likely be a specific amount per episode produced, along with a piece of the show’s profits. For feature films, it could be anything from a percentage of net profits (which almost never actually occur) to staggered bonuses at certain thresholds of domestic or worldwide box office.

Studios often buy books as manuscripts before they’re published. (That was the case with Big Fish.) In that situation, there may be language in the contract stipulating additional fees if the book enters the New York Times bestseller list, or some other event after publication.

For a novelist, a successful film or television adaptation should result in more sales of her book, and that money is all hers. The studio doesn’t get any portion of Stephenie Meyer’s publishing money for the Twilight series, nor Lindsay’s for Dexter.

Can I base a character on a real asshole?

I’m planning on writing a script about a character who is based heavily on somebody I know (a local comedienne), with a few other people thrown into the mix. As a character, I find her fascinating. Normally, I would just ask the person in question and they would most likely agree. However, the character in the new script is a big jerk, completely devoid of any empathy, tact, or manners, much like the real person. I’m not going to ask her if I can make a movie based on how big of an asshole she is, and I’m worried that she’s just the kind of asshole who would sue me if I did.

I’ve changed the name of the character, but I want her to be a comedienne, as this fits really well with the story. Most of the other aspects of the story are completely made-up, and I’ll probably only include a few situations based on real events.

Can I get in trouble for creating a character with the same personality and the same profession as the real person? How much can I get away with? Can I include things that this person has said in real life? This character is fascinating and needs to have her story told!

— Lex
Calgary, Alberta

Yes, you can get in trouble. She could sue you for libel, defamation — or the equivalent under Canadian law. By your description, she probably *would* sue, so you’ve really answered your own question.

Don’t poke bears.

As a writer, you’re naturally going to be drawn towards real-life people who are fascinating. That’s a good thing. Observe behavior. Figure out motivations and pathology. Then forget the real person.

Unless you’re writing a bio-pic, don’t base characters on anyone who actually exists. Not only are you exposing yourself to legal trouble, you’re ultimately shortchanging yourself as a writer. Real people are good in the real world, but you need characters that *feel* real in the universe of your story.

So stop thinking about this character as being the comedienne. Rip a photo out of a magazine and decide your character looks like this woman instead. What does her voice sound like? Where does she live? Is one of her neighbors stealing her mail? Is she trying to avoid her Bible-quoting brother?

Make her situation specific, and specifically different than the comedienne. It’s okay to admit to yourself that she inspired your character — inspiration is free to the universe. But every detail should be something you created, discovered, or wove in from the hundreds of other people you have studied. Your story will be better for it.

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