I am looking for some advice regarding a Writer's Agreement that was not honored. I am a resident of Vancouver, BC.
A while ago, I had written a short script that I posted up on SimplyScripts.com, as well as submitted to contests online. Within a matter of days, I had received numerous requests for rights to the short script. Out of all the requests, I went with one producer who was keen to turn the script into a short script. I immediately informed him that I would need to see a properly drafted Writer's Agreement that would allow him to secure rights to my script, as well as proper compensation for taking it off my hands. He initially sort the advice of an Attorney, of which was delayed a couple of weeks. I e-mailed him weeks later querying him on his intention to go ahead with this project (as I kept getting more and more requests for the script from other potential producers), and he told me his attorney was having family problems (probably BS), and decided he would draft an agreement himself (standard agreement easily found online). In it, he stipulated that I would be compensated to the tune of $500 dollars, to be paid to me within 14 days of signing the agreement. This was on January 2014. During this time, my script had won second place at the ReelWriters competition, which also drew in more requests for the script, of which I had to turn down.
It is now March 14. After countless unanswered (and in my opinion, ignored) e-mails, I have not yet received my compensation. And furthermore, I have reason to believe he has already started production on the film (under a different title than the script).
Questions:
1) Does that constitute breach of contract?
2) Is he allowed to continue making the film if he hasn't even honored the terms of the agreement?
3) Do I have the option to ask for the rights to my film back?
4) More to the point, what would be my next course of action?
Any assistance on this would be greatly appreciated. This is my first time seeking legal advice...ever. I would really like to get my script back, and would like confirmation that I have every right to take it back without fear of being sued by the producer. To this day, I am still getting more lucrative requests for rights to the script, and lesson learned, if I do get the rights back, next time I will be dealing with a lawyer.
A while ago, I had written a short script that I posted up on SimplyScripts.com, as well as submitted to contests online. Within a matter of days, I had received numerous requests for rights to the short script. Out of all the requests, I went with one producer who was keen to turn the script into a short script. I immediately informed him that I would need to see a properly drafted Writer's Agreement that would allow him to secure rights to my script, as well as proper compensation for taking it off my hands. He initially sort the advice of an Attorney, of which was delayed a couple of weeks. I e-mailed him weeks later querying him on his intention to go ahead with this project (as I kept getting more and more requests for the script from other potential producers), and he told me his attorney was having family problems (probably BS), and decided he would draft an agreement himself (standard agreement easily found online). In it, he stipulated that I would be compensated to the tune of $500 dollars, to be paid to me within 14 days of signing the agreement. This was on January 2014. During this time, my script had won second place at the ReelWriters competition, which also drew in more requests for the script, of which I had to turn down.
It is now March 14. After countless unanswered (and in my opinion, ignored) e-mails, I have not yet received my compensation. And furthermore, I have reason to believe he has already started production on the film (under a different title than the script).
Questions:
1) Does that constitute breach of contract?
2) Is he allowed to continue making the film if he hasn't even honored the terms of the agreement?
3) Do I have the option to ask for the rights to my film back?
4) More to the point, what would be my next course of action?
Any assistance on this would be greatly appreciated. This is my first time seeking legal advice...ever. I would really like to get my script back, and would like confirmation that I have every right to take it back without fear of being sued by the producer. To this day, I am still getting more lucrative requests for rights to the script, and lesson learned, if I do get the rights back, next time I will be dealing with a lawyer.
