Rights and Copyright

When writing teams break up

February 21, 2009 Psych 101, QandA, Rights and Copyright

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.

Shouldn’t I get credit for the outline?

September 3, 2008 Film Industry, Psych 101, QandA, Rights and Copyright

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:

1. You’re employed by a film company in some sort of production executive or assistant role.
2. Your company is developing a project based on historical (and presumably public domain) material.
3. Your boss instructed you to take notes as she pitched the entire plot of the movie based on that material.
4. 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.)
5. The result, a 35-page document, was sent to a screenwriter.
6. 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. ((I’m using “outline” and “treatment” interchangeably. Treatments tend to be longer than outlines, but at this length, either term makes sense.)) 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.

Question sprint

June 9, 2008 Psych 101, QandA, Rights and Copyright, Story and Plot, Writing Process

A bunch of interesting questions have backed up in the queue, so let’s see how many we can get through while waiting for the new iPhone to be announced.

I’m currently outlining a spec feature, 98% of which takes place at the Superbowl. I’m on the fence about proceeding, however, because a few creative executives I’ve pitched the idea to were concerned about 1) the production costs and 2) the need to secure the NFL’s approval. One of the execs did say, however, if the NFL took to the script and got involved it would be a potential dealmaker.

While the production costs aren’t as much of a concern for me (given that those particular naysayers hadn’t gotten past the logline), the seeming make-or-break nature of the NFL’s involvement is a bit daunting. Before I take the plunge from outline to first draft, do you think it’s worth the risk?

— Patrick
Los Angeles

Yes. If you believe in the story and the characters, go for it. If a producer or executive likes your script, she’ll be smart enough to the realize that the NFL of it all can be figured out. ((On the other hand, if she doesn’t like your script, the NFL factor is an easy explanation for why she’s passing. Which saves face for everyone.))

At a USC workshop this weekend, a student asked me about writing a spec Alien vs. Predator. I gave him roughly the same advice — if you think you can write a kick-ass version of it, don’t let the potential unmake-ability of it deter you. My caveat to him was that in the case of AVP, it’s a really tired franchise, so you’re starting with a significant enthusiasm gap. Better to make your own mythology.

I’m about to re-write a script that I’ve been working on for a little while now. It’s a small character road trip drama in the spirit of 1970s American films (e.g. “Five Easy Pieces”, “Coming Home”, “Sugarland Express” — though not all films referenced there are road trip movies). This is my do or die draft — if it’s no good, then I will abandon it. But I’m hoping that some of your advice will help me avoid that outcome.

My concern is that too many of the scenes right now are overly reliant on dialog and I don’t want to tread into unnecessary exposition. At the same time, I want to be able to reveal character and backstory (and obviously, dialog plays a huge part in that). Do you have any general pointers on how to balance scenes (or sequences) of relatively quiet character moments, with the overall dramatic push that’s necessary to maintain tension? I want to make sure that both aspects remain compelling.

N.S.
Los Angeles

There’s nothing wrong with dialogue scenes if they’re moving the story ahead, or enjoyable enough on their own merits. But I suspect you’re finding that a lot of your dialogue scenes are telling us backstory about your characters, and the thing is, we just don’t care.

That’s hard to hear, but you need to hear it: except for crucial, story-twisting revelations, we simply don’t need to know more about who your characters were before they walked on screen.

So before you start that next draft, take a red pen to any chunk of dialogue that isn’t about what’s happening now. Be brutal. I suspect you’ll find that you have a lack of action and some unclear goals that were hiding behind the chatter.

The movies you cited, along with more recent ones like [Lost in Translation](http://www.imdb.com/title/tt0335266/), [Sideways](http://www.imdb.com/title/tt0375063/) and [Little Miss Sunshine](http://www.imdb.com/title/tt0449059/), are all good examples of movies that are talky without ever becoming expositional. Characters talk about what they want, what they fear, but they never dwell on what happened. And each movie finds moments to be quiet. Long stretches of each film play as montage, letting the characters do things without commenting on them.

Let’s say you’re working on a script that’s based on a musician. He’s a fictional musician, so you’ve never heard anything this guy’s produced. As the story unfolds, we watch him build up his song. Is it okay to include the song? Or would that just kill everything and shut the reader down? I guess what I’m asking is, do you include lyrics or just leave them out and hype him like he’s as great as the supporting cast says he is?

— James

Give us lyrics. You’ll want to abbreviate a bit — cut out chorus repetitions, for starters. But it feels like too much of a tease to omit the words altogether.

Often, when I am diligently working on a script, or close to being finished on a script, I find my mind and writing meandering to other ideas. For instance, I’ve written several drafts on a thoughtful spy movie and have an extensive set of notes (from peer review) I plan to implement. Instead of completing the script, I spend time thinking and making notes on new ideas — a drinking road trip film and a sentimental father-son story.

Is this a natural way for new and good ideas to develop or am I merely avoiding “finishing” a project for fear it will suck? Not being a professional, yet, I’m not bound by deadline to turn something in…but how does a disciplined, professional, writer deal with this issue of…distraction?

— Greg

The script you haven’t written is always better than the one you’re staring at, cursor blinking, its flaws so obvious that you can’t believe you ever started writing it. That doesn’t change over the course of a career. __You will always want to be writing something else.__

You’re left with two choices: toughing it out, or [changing horses mid-stream](http://johnaugust.com/archives/2008/changing-horses-mid-stream).

Look at your spy movie, and ask yourself, “If this script had just landed on my desk, would I be excited enough by the possibilities to do this rewrite?” If the answer is no, feel free to investigate one of your other projects.

Granted, there are times you’ll really need to force yourself to finish a new draft. For instance, if you’re getting paid, or if you’ve promised a draft to someone whose opinion matters. And don’t mistake pragmatism for laziness: If something is difficult but do-able, do it. Not only will you improve the script, but you’ll learn something in the process.

The time to move on is when reaching the “best version” of your script ceases to be interesting to you.

Selling novel rights

I am a small publisher that specializes in republishing long out of print books, and I am trying to find out the best way to somehow bring these books to the attention of those who might want to turn them into movies.

I am not in the “biz”, but I was recently “cold-called” by one major producer to obtain the rights to one of my titles. Unfortunately, I do not hold the rights, but have been doing my best to be very helpful (i.e. kissing ass), in hopes that there or more titles of interest. Long story short, he found the book because it is one of his favorites, but does not seem to have an interest in any others.

I have a whole slew of similar titles that I think would make great movies, and I made my “nickel pitch” to the producer: they have Tom Clancy like plots, without Tom Clancy like advances; “Thanks, but I’ll get back to you.”

My specialty is that these books are still copyrighted, but people have given up on reprinting them because the rights-holders or heirs are too hard to find. In my case, I am able to find them and secure the rights.

What would be the best way of getting these books in front of the right people to see if they would like to option them? Also, if there is a proscribed process, what are some standard terms that are used in the business?

— Jamie
St. Pete, FL

Assuming you really have film/television rights to these books, and not just publishing rights, I think you may have stumbled onto a potentially lucrative situation. But it’s going to take a lot of work and patience on your end.

What you have is a form of [intellectual property](http://en.wikipedia.org/wiki/Intellectual_property) — the right to exploit specific literary material. It’s not tangible, but in many ways it’s the same as a piece of physical property. Your Tom Clancy-like book is the equivalent of a few acres of pristine beach property.

The problem is, Tom Clancy is like Malibu. People want property in Malibu, because they know where that is. Their friends have houses there. It has a reputation.

Your book is like an oceanfront property in South America. It might be fantastic, but people don’t know what to make of it. It has no reputation. All it has going for it is its view. So how do you sell it?

By finding someone looking to buy a property like Malibu, but much less expensive.

Who are these potential buyers? In television, I would target the production companies behind shows like Burn Notice, The Wire and The Shield. For features, I would go after directors’ production companies, particularly directors who haven’t had a big movie in a couple of years. And don’t forget screenwriters. If there’s a writer whose work you especially admire — one who is not me — contact them through their agency. It’s fairly common for established screenwriters to set up books at the studios, functioning as their own producers during the adaptation. (That was how BIG FISH got started.)

You could do worse than talking with an entertainment law firm — preferably with a Beverly Hills address. They’re the people who would ultimately make the deal, and would have a good sense of both the process and the opportunities. Depending on how many titles you have, it might be possible to sell (or option) the rights as a block to a producer.

The first step is making it easy to show what you’ve got. You’ll want a written synopsis of each of the books, along with blurbs and quotes. You’ll need both a web and print version. Pay someone good to design it: presentation counts. I’d include downloadable .pdfs of the first chapter for each, assuming they really are good books. And get consider getting a mailing address that isn’t St. Pete, Florida. (Or at least, don’t include the Florida address on any of your materials.)

And when you’ve done all this, be sure to write back in. I have a feeling many of the potential buyers for your books are readers of this blog. (Or more specifically, their assistants read this blog.)

« Previous Page