• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Joint Author

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Steve Wilkins

Junior Member
What is the name of your state California

I am the joint owner of a movie screenplay. My partner decided to option the screenplay to a production company. He told me he was going to do this, whether I liked it or not. He agreed to pay me half of whatever he receives for the screenplay.

Can he do this?

What can I expect to receive from this option. If the movie is made, can I collect my half? Also can I expect a credit on the screenplay?
 


The Occultist

Senior Member
Can he do this?
Yes, anybody who contributes to a work retains a copyright to it, and all authority that goes along with it.

What can I expect to receive from this option. If the movie is made, can I collect my half?
Yes, if a profit is made off the work, the profit must be split among all those who also hold a copyright to the same work.

Also can I expect a credit on the screenplay?
You can ask for it, but the US currently does not have any laws requiring that a creator of a work be given credit for it. For example, if I bought a painting, as long as I didn't replicate it in any way, I could tell the whole world that I was the one who made it.
 

Steve Wilkins

Junior Member
Another question

back to my problem, wouldn't I have to sign something to this production company? How can my partner/cowriter just sign things over to the production company without my signature.

He says that he can. I thought that when a company bought a script, there had to be a clear chain of title and ownership. What if I don't want to sell this script to them, but I want to sell it to someone else, don't I have the right to do this, if he does?

I am a little confused by this.
 

The Occultist

Senior Member
Your friend has just as much ownership as you do. He does not need your permission to do with the work as he pleases, and likewise, you do not need his permission to do whatever you want with the work.

You do not need to sign anything for him to release the work, and he does not need to sign anything to allow you to release the work.

The only caveat to this is that if either of you make a profit off of the work, then both of you are legally required to share the profit with the other.
 

Steve Wilkins

Junior Member
Thanks

Thanks for all your advice I appreciate it. The problem I still have is that if he sells to a production company and they start filming as they say they are going to do, that prevents me from selling it to a different company. No production company is going to touch a script, that is already in production.

He is now claiming that I have no rights to the script, that he wrote 75% of it, and I only wrote 25%. He claims that because of that, I don't really have a right to any compensation.

I have been on the phone with him today, trying to let him see my pov. We both wrote separate scenes in the movie and merged them together.

We have no contract or agreement, except for verbal, and through emails when we send our work to each other. He was the one who typed up the transcript though.

What recourse do I have if he refuses to pay me? Or acknowledge my authorship?
 

divgradcurl

Senior Member
Thanks for all your advice I appreciate it. The problem I still have is that if he sells to a production company and they start filming as they say they are going to do, that prevents me from selling it to a different company. No production company is going to touch a script, that is already in production.

He is now claiming that I have no rights to the script, that he wrote 75% of it, and I only wrote 25%. He claims that because of that, I don't really have a right to any compensation.

I have been on the phone with him today, trying to let him see my pov. We both wrote separate scenes in the movie and merged them together.

We have no contract or agreement, except for verbal, and through emails when we send our work to each other. He was the one who typed up the transcript though.

What recourse do I have if he refuses to pay me? Or acknowledge my authorship?
If he refuses to pay you, then you will likely need to hire an attorney to protect your rights.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top