Who owns screenplay rights

Throughout the film-making process, producers negotiate multiple agreements that define how the IP rights arising from the input of the various creative contributors will be used and remunerated. These agreements are underpinned by copyright law and contract law and are known as chain of title documentation.

See Securing Rights - From Script to Screen for a more detailed list of the types of agreements producers need to negotiate. The journey begins with the search for a good story or script. Ideally, the producer will find a script that is ready to shoot, but usually the services of a professional screenwriter are required to create the screenplay.

A script can be a new work, or based on an existing work, such as a novel, a play or a comic book. The script itself is always considered an original creation to which IP rights are attached. The producer typically hires a script writer to produce a short narrative canvas for the film and a first draft; the agreement may also specify any further drafts, re-writes or polishes that are expected for agreed fees.

If the movie is an adaptation of an existing work, the producer will conclude an option agreement to secure the right to use this material before going forward. An option agreement states that the owner of the underlying work — a script, book, article or short story — agrees to grant to the producer, for a specified period, the right to produce a film.

If the film is made and the option is exercised then the copyright owner is paid an agreed fee for the ongoing right to use the work in the film. A rights purchase agreement is usually also negotiated at the same time outlining the terms for securing rights to the screenplay, TV rights and the right to release in ancillary markets such as home video and new media.

An experienced producer will seek to acquire as many rights as possible to optimize profitability and to have a free hand in making a sequel, for example. The original copyright owner, on the other hand, will endeavor to reserve certain rights such as publication rights, stage rights, radio rights, rights to characters should he or she wish to write a sequel.

Detailed rights purchase agreements help avoid unforeseen legal problems further down the road. When it comes to securing the necessary funds to produce a film, these IP rights supported by clear chain of title documentation are by far the most valuable assets the producer holds.

Without a clear chain of title, the sale of a film property can become very difficult, if not impossible. Such agreements cover a range of issues and, depending on the jurisdiction, the director can be identified as an author and joint owner of a film with corresponding rights; as an employee and paid a salary; or as both.

Similarly, the producer will negotiate agreements with actors and performers. These can be complex and sensitive as they blend IP-related issues — such as the transfer of rights to the producer — and conditions of employment. The legal status of actors varies from one country to another.

Some countries grant actors a comprehensive set of so-called related rights see Understanding Copyright and Related Rights. In many other countries, however, actors are hired to work on film sets as employees and have little or no bargaining power to negotiate favorable contractual terms of remuneration see Managing performers' rights: the role of contracts.

After the film has been shot it goes to the editing room where the scenes are selected, usually by the film editor, director and composer, to make the best or final cut of the movie. Once the film is ready for public viewing, the importance of IP rights to the movie business is again prominent.

Only with a clear chain of title documentation proving ownership of underlying rights in a work can a producer have any success in securing deals with distributors. There is no such thing as a standard distribution deal. A producer may be dealing with an integrated company that can release the film in local cinemas, in VCD or DVD formats, or license it to local TV stations or sell it to foreigner buyers at film festivals.

Or, he may be dealing with different distributors operating in different market segments, e. The writer will usually get some type of producer credit and profits will be equally shared.

But, if the producer is unable or unwilling to pony up the proper dough, things need to be balanced out for the rights holder in other ways. Such collaborations are fair to both sides, and good karma generally comes to such productions that utilize this method.

But the fact remains that many agents and attorneys presented with a fair, deal are not accustomed to seeing fair deals, and their initial reaction is often to put the kibosh on it. Many savvy producers have profited from adopting a business model that involves securing rights from many different sources.

The world is filled with fascinating life rights from individuals worthy of having a film made about their unique experiences, and there are countless books and stories waiting to be converted into film scripts.

Make a call or send a letter to the original people that control those rights without any connection to the film industry. David Albert Pierce, Esq. He is also the Managing Partner of his entertainment law firm in Beverly Hills, Pierce Law Group, which specializes in representing independent moviemakers.

Featured image illustration courtesy of Shutterstock. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. A typical film production, even a relatively small, independent one, often sprouts from the initiative of Connect with us. In the documentary on legendary producer Robert Evans, The Kid Stays in the Picture , Evans explains early and often that the key to success in Hollywood is to strive to hold on to the rights to a project when those all around you are trying to obtain those rights for themselves.

Continue Reading. Hands says:. February 15, at pm. Leave a Reply Cancel reply Your email address will not be published. More in Cinema Law. By Tim Molloy May 22, By Gregory R. Kanaan March 23, February 11, August 20, November 16, July 26, June 6, Kanaan November 6, Kanaan September 19, Luckily, his contract stated that he owned any rewrites done for free.

So why would they want to hold on to the rights to your revisions anyway? And check out his consulting service at OfficialScreenwriting. Here is one big suggestion to take into account in a low money option: 1 You own the rewrites.