So, if I (writer/director) write a first draft. Then myself and a prod company get a writer on board with an agreement with said writer for a second draft. Then I write a third draft (edited and developed with help from prod company) but without a new (third draft) agreement with the prod company...who owns the third draft?
Screenwriting : Who owns the different drafts? by Christian Debney
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Since there seems to be no agreement shouldn't we say that the writer owns what he creates?
whoever has the better lawyer owns it. WGA has ruled on many and against the "original" Writer.
Dan G My bad. WGA rules on credits & residuals. Lots of cases where Writers (original works or assignments) got shafted
If the contracts are in place at the start of the writing process it should state that the script belongs to the production company. The contract should state how many drafts you are being paid to carry out. The contract should also state the level of credit any additional writers get for doing rewrites or drafts.
As Owen said, since the nature of the agreement(s) are not made clear, there is no way to tell who owns the drafts. It's possible that each writer owns his own draft; however, the 2nd writer cannot move forward with his draft independent of the 1st writer because the 2nd writer doesn't control the underlying rights, which are owned wholly or jointly by Writer 1. That's just one guess since no info is available.
For those in the process of drawing up agreements Michael Donaldson and Lisa Calliff have an amazing book with a CD of contracts that are quite good. "The American Bar Association's Legal Guide to Independent Filmmaking." Of course, any specific contract should be review by an attorney representing YOU.