Hi everybody, I have a question regarding authorship, credit. Let me know if this ever happened to you: so, some months ago I was approached by a writer who wrote a 14-pages children's book about 2 animals fighting over a jungle and being then dominated by men. It's self published on Amazon. I wrote 100 pages of a script based in that concept with other characters, storyline, names, title, structure, moral lesson, of course dialogues, about the journey of 2 different main characters in the same environment of the book, another villain and a different final. So I put "based in X book". Now it's time to talk about payment and the author asked me to sign a paper 1st in which says that he is the original writer of the film (if it gets made) and I'm just the screenwriter. That he could write it himself if he had time, clearly ignoring the +/- 80 pages of my original story in it. It doesn't seem fair. What would u do?
On Writing : Animation adaptations by Catarina De Cèzanne
Animation adaptations
Other topics in Authoring & Playwriting:
Check out Trending Discussions
Register / Log In
1 person likes this
Hi Catarina. This is a difficult legal question and best handled by an INTELLECTUAL PROPERTY attorney based in and familiar with the laws in your country.
Suffice it to say, any 'agreements' you might have made prior to taking on the assignment to adapt the story into a screenplay - should have been memorialized in writing before you began. That could be a formal contract - or an email thread discussing and agreeing to terms.
Discussing the situation with an attorney will help you understand your rights. Here in the states, we often have "Lawyers for the Arts" associations. The lawyers volunteer their time to advise artists on just such an issue, for little or no charge. At the least - they will be able to point out if you have a case and how best to proceed .
Good luck, and keep us informed!
2 people like this
I'm sure someone else will weigh-in, but I see this as the book author will get a "Story by" credit. You would get the "Screenwriter" credit. Check the WGA website. They have a manual that defines the different credits. Bottom line is you get the did the majority of the work. Also I would add that I would take offense to someone saying "I could do it if I had time." Seems pretty dismissive of your efforts, but that's another story. Actually I have a similar situation, but it' in early stages I'm setting parameters upfront before doing any actual writing.
He is the creator of the concept. You are the writer. Of the film is "based on" the book, That would be the way it is. For usual writers credit structures, look at the WGA agreements, as that is what they do all day long. In the DGA, you would be the main writer and credited as such.
“Yeah, I could paint the Sistine Chapel if I had the time...” Right... He gets the Story By credit, just like Martin said.
"That he could write it himself if he had time" what kind of person says things like this?
1 person likes this
Hi @Catarina This can be a dicey and seedy industry with regards to who gets paid for what and this person approached you personally. (Not like you went looking for them in an interview/pitch.) You obviously have the special bullet they needed to guild the lily taking their project to higher level. (Yorkshire expression for making something its best.) Do not waste time feeling hurt but let adrenalin fuel another project. I second @Richard P to always, always have some record of events prior to execution of input. Lawyers cost but a simple email can and often does suffice in courtroom.
2 people like this
In addition to what I aid above... you wrote it, you own it. If he doesn't want to credit you as writer, don't let him use it. He can't use even a phrase in that work without breaching copyright.
take a look at this site it might help. https://www.raindance.org/10-rules-of-copyright-for-screenwriters/
and
https://www.copyright.gov/video/script.html
3 people like this
Catarina's bio says she's based in Lisbon, Portugal. Copyright laws vary from country to country - and even from treaty to treaty between countries. She doesn't list where the author of the book is located. Without knowing the very difficult specifics of her case - it would be unhelpful to assume the US Copyright laws apply, or that even WGA standards might be in play. It's complicated.
1 person likes this
Richard P. Alvarez Portugal is a signatory to the Berne Convention. She's probably in a stronger position than she would be in the US, which has far weaker copyright laws not having been a signatory until relatively recently.
Richard P. Alvarez the author of the book is based in the UK, although he is naturally from Nigeria and I am from Portugal.
2 people like this
Catarina De Cèzanne It matters where the contract is signed more than where the writers live.
Get a lawyer, C.S. Cesar. This guy is trying to take full advantage of your talent and work done. Copyright the work that is yours, if you can. Take other legal steps if so advised. You might start with an intellectual property rights lawyer. Best wishes to you, Dale
Hello again, C.S. Cesar. I suppose what you are most curious about is realizing some satisfaction out of your work on this project. From what you say, it does seem that you have come up pretty much with your own creation. To me it sounds as if you've written a script BASED ON an idea by someone else. You might suggest this to this guy, and offer to credit him as the originator of the idea, giving him compensation due (and nor more than that). Ask your lawyer about this. Good luck. D.R. writdale@gmail.com