Story Rights
JOHN LONGENECKER
On occasion I am invited to a film class and
I'll talk with folks about what I know about Story Rights
To sum it all up:
1. Learn about U.S. Copyright
Law - see: Copyright.gov
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- register your works for Copyright
at the U.S. Copyright Office
- learn about an original work
of authorship a derivative work a joint work
- copyright owner claimant
author
2. Learn about the Writers Guild
Basic Agreement | WGA |
MBA
to 2007 | MBA to 2010 soon!
- definitions: professional
writer literary material signatory company
- a co-writing team story
original treatment screenplay
- Story by credit separation
of rights Screenplay by Written by (story & screenplay)
U.S. Copyright Law
An Original Work of Authorship Registration of a
basic claim in an original work of authorship:
Forms TX, SE, PA, VA (including Short Forms), and
Form SR
July 1, 2007 Registration: paper $45 online $35
Sole Author Joint Author Copyright Claimant a "Work made for hire"
Literary works: may be published or unpublished and
include non-dramatic textual works
-- Form TX STORY TREATMENT BOOK Performing Art
Works: Generally, dramatic works such as plays, screenplays,
and radio or television scripts are works intended to be performed. Dramatic
works usually
include spoken text, plot, and directions for action.
-- Form PA STORY TREATMENT SCREENPLAY
The owner of copyright has the exclusive right to do
and to authorize others to do the following:
-- To reproduce the work in copies or phonorecords;
-- To prepare derivative works based upon the work;
-- To distribute copies or phonorecords of the work
to the public by sale or other transfer of
ownership, or by rental, lease, or lending;
-- To perform the work publicly, in the case of literary,
musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual
works;
-- To display the work publicly, in the case of literary,
musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or other audiovisual
work; and
-- In the case of sound recordings, to perform the
work publicly by means of a digital audio transmission.
WGA Definitions
A Professional Writer Literary Material
A Signatory Company Literary Purchase Agreement
- to sell or license the rights to Literary
Material Writer Employment Agreement
- first employed writer Story By Separation of Rights
Written by Screenplay by A co-writing team - each
treated at the highest level of the team A non-professional
writer - typical on-screen credit: "based on a story by"
"Chain of Title"
In the motion picture industry, the chain of title
involves the series of documentation which establishes proprietary rights
in a film. Thus, U.S. Copyright Registration.
A Literary Purchase Agreement
For all purposes the Author shall be deemed to be
and shall be treated as a Professional Writer and the Work shall
be deemed to be Literary Material as those terms
are defined in the WGA MBA.
A Writer Employment Agreement
Also: producer employment agreement - director deal
memo
An original work registered for Copyright (the "Work")
Written Agreements - create a thorough paper trail
Collaboration Agreements
- get it in writing Co-Writer Producer Director
Actors
The "Author" may invite another person to collaborate in the further development of a motion picture Project
Your Own Projects Written Agreements / Crew Production Stills Key Art Poster Audio & Video Recordings Promote Your Work your own Internet site press releases news reports screenings DVD copies
WGA Registration
not a substitute for U. S. Copyright Registration
Collaboration Agreements
If you wrote an original work of authorship / a "Work"
- a story - an original treatment - a first draft script
and then sent it off to the U.S. Copyright Office
for Copyright registration - and then you seek to invite a co-writer -
a producer - a director - an actor / talent to collaborate with you on
the further development of the project based on your original work...
Then draft a Collaboration Agreement
that sets out what you are seeking and
what the person you invited to collaborate with you
is seeking.
Transfer Of Rights
A Company will seek to get you to transfer rights
in and to your Work to them: Rights Granted.
If your Collaboration Agreement spells out what you
are seeking, and says no rights shall be granted unless you agree to the
terms and conditions of what the Company offers you, then you have a good
chance of getting what you are seeking.
A Company may not abide by what you seek,
but it is unlawful to interfere with contractual relations
- as expressed in your Collaboration Agreement.
Movie project agreements text: http://perfectlylegalforms.com/
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U.S. Copyright Registration
Do not tell your idea to others - record it on audio
- write it down - in a fixed and tangible form
At that moment your idea becomes an copyrightable
original work of authorship.
Next step: Send in a copy of your "work" to the U.S.
Copyright office for Copyright Registration
Then you can show your work to others in written form:
a written Story - Treatment - Screenplay
U.S. Copyright Office: Copyright.gov
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