Story material created in failed writing partnership

[dignan67]

What is the name of your state? New York

I entered into a written agreement with a writing partner to collaborate on a screenplay. Before the screenplay was finished, but after a lot of story material was created (on the page), our collaboration came to an end. He voluntarily withdrew. I assume that our writing agreement terminated immediately upon his withdrawal. I'd like to write another screenplay, but it might have some similarities to the one we worked on together. I estimate that 90% of it will be new and original, and no more than 10% of it could be similar (though not exact) to the story material we created together. I'd like to know what my rights are regarding the story material we created together. Do I have to stay away from it entirely, or am I allowed to use some of it? My former writing partner is not cooperating with me, so I have to figure this out on my own. Any advice would be appreciated. Thanks. (I also posted this in the Partnerships thread.)

 

[ChicagoLawyer]

What were the terms of your partnership agreement? That should answer who controls the partnership property.

In the absence of that, your ex-partner would most likely be viewed as a co- or joint author, with equal rights to the work produced during the collaborative period. Thus, his/her consent would be required to use the prior work, if the second would infringe. You say 2nd work would be 10% of the 1st and 90% new. Hard to comment on whether that would infringe the 1st work or not. Best bet is that it would and you had better get 1) a license or 2) assignement/transfer of copyright from ex-collaborator.


This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[dignan67]

Thanks for the reply. It was a simple partnership agreement that defined the script we were working on, and called for the net proceeds derived from the sale (if any) to be split 51% for me, 49% for my ex-writing partner. There was one other provision which seems to be important. I had the right to sell the script without his consent or signature, as long as he received his 49%. Does this give me the right to proceed and use the story material, as long as he's compensated according to our agreement? Thanks.

 

[ChicagoLawyer]

OK, the 51/49% clause details partnership revenue sharing, compensation. Does not address the copyright ownership question.

The root copyright question remains and I beleive the answer to that is what I previously posted, unless there is anything else in the agreement. What does it say about copyrigts? Who was supposed to file it? And in what or who's name? Without that info, you are still looking at joint authorship. The 51/49% does give you an idea regarding how to value his remaining piece though.



This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[dignan67]

There were no provisions for copyright, ownership, disposition of assets (i.e., story material), termination, etc. It was a simple agreement. Probably too simple. We didn't copyright the material with the Copyright Office; but that's not a requirement for copyrighting material. This is my concern. I'd like to possibly use some of our material in a new script. Most of the new script would be new and original. It has always been my plan and intention to notify my ex-partner if and when I have a script ready to sell. I will ask him to meet with me to determine whether or not I have used any of our material, and if I have, I will work with him, in good faith, to make sure he's compensated fairly. However -- if he fails to meet with me, what am I to do? I believe I should proceed without him, and if there's a sale, he can sue me for his share of the proceeds, which I have wanted him to have in the first place. I don't want to be sued, but I don't want anybody telling me what I can and cannot write about, especially when I'm the co-creator of the material. Thanks again. I'll look for another reply and then leave it at that. I have an appointment next week with an attorney, but it's been very helpful to get some advice before that meeting.