Screenwriting : Another Ugly Truth With Onboarding Paperwork: Intellectual Property Ownership by Hanna Strauss

Hanna Strauss

Another Ugly Truth With Onboarding Paperwork: Intellectual Property Ownership

This post is again as was the previous one on NDA's   directed towards newbies in the industry so at least they know what to expect when they become flooded with reams of on boarding paperwork. Another document that you may presented with to sign is an IPO: Intellectual Property Ownership. It basically means, if the original IP is NOT yours, but you are contributing creatively to that IP owned by someone else, (let's say Disney or Netflix just as examples) they own the rights to whatever you have created and contributed to the development process of that film. Be it a script, character/model design, props, etc... This can be a huge bone of contention. When you sign this agreement, it means the producers have the right to do whatever they wish in any medium possible to promote and profit from it. If you, as a creator value ownership of your work and feel this arrangement is one sided and you're getting the short end of the stick, then it's time to invest in legal counsel to protect what rights you feel you deserve to retain. This can become a sticky situation. Far too often, big corporations take advantage of the ignorance of the uninformed creator.  A much debated and discussed one is Jack Kirby's role in the creation of the Marvel Comics Universe. As a newbie, you are in a precarious situation, because the powers that be may feel you are undeserving of retaining any rights as a contributor to their project. They could easily dismiss you and find a replacement. So, you have to personally weigh how important this issue is for you as a content creator and is it worth justifying the loss of a job opportunity vs. retaining the rights to your product. There is nothing wrong with having an attorney evaluate the documents you are asked to sign. By definition they are contracts. An honest company that operates within legal acceptable parameters will not object if you request that an attorney read the agreements prior to signing. I recall when the Comicbook Creator Dave Stevens sold all the rights to Disney on his graphic novel "The Rocketeer". At the time he was so ecstatic that Disney found his work worthy of being produced into a film. Later on he regretted signing the IPO contract without having it reviewed by a contract attorney. He basically just signed the line. He completely surrendered ownership of his creation. He received no percentages or residuals. He did not even help author the screenplay.

Craig D Griffiths

Let me see if I understand this. You get paid to create. And the stuff you are paid create belongs to the people that paid for it. What is surprising about that?

If I pay for a burger, Burger King does own it. I do.

Hanna Strauss

Notice that I addressed this to people new to the industry.who may not be aware of this. But to be honest, your last two lines make absolutely no sense. Maybe I exist in a different universe than you do

Doug Nelson

What is the point of stoking paranoia here in the peanut galley?

Hanna Strauss

G'night, Doug. ..

Craig D Griffiths

Hanna, you state the obvious. New writers weren’t born fully formed. They have lived lives, purchased cars and homes. They have had jobs, taken out finance. Some even have jobs that require a huge amount of governance. Signing agreements is part of life. Nothing is specific to screenwriting.

Hanna Strauss

You are incorrect. Some of them maybe coming straight out of school and have no idea what Intellectual Property is. That is whom I am addressing

Craig D Griffiths

Really, okay. So you are going super niche on a general forum. I don’t know how many high school grads there are here. But then again (potentially) being under 18 they couldn’t sign a contract. But I digress. Since I am not your target audience I’ll leave you with it.

Hanna Strauss

Boy you are really out if the loop. There are film school grads fresh out who haven't learned about IP because they have been completely immersed in the creative process and have given no consideration or interest in the business end of film making. And we all know that it is a business and not just an art form. I was fortunate to have the opportunity to take a course when I was in art school on law and the visual artist. But many young people with aspirations do not consider this aspect of the industry they wish to be involved with. I just thought I'd give them a leg up. Forewarned is forearmed. Somehow you seemed to have excluded college age students in your opinions. Do you really believe nowadays that a full time film school student can afford car payments and mortgages nowadays?

Matthew Wauchope

In my experience high school teaches a little about intellectual property and the laws and a uni (collage) course in any art form does too. I would think people would already know about IP

Kenneth M Sutton

Thank you Hanna for posting this. The more you know, the better you are off. once again Thank you!

Christiane Lange

Matthew Wauchope In my experience, most people are fairly clueless with this stuff.

Dan MaxXx

I worked for two producers who own 100% of a movie franchise. The writer was happy short term buying a Westwood condo but angry & kicking himself after learning the producers were buying mansions and art pieces.

Sandeep Gupta

I doubt I understand the Film industry enough to comment, I want to mention it struck me as a bit odd that graduate and undergraduate programs that train people primarily to create IP are not even teaching the basic taxonomy and options, or give a chance to even hear of them in all their school-experience till the day they are given a six / sixteen page binder to read and sign without the time or even resources to review them ...

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