Hello
Hey, I have a story that was written and was to be a book but was convinced to have a ghostwriter turn it into a screenplay.
Most of the story in the script is still genuine mine and I did pay for the service, so my ask is do I own the rights to the screen play and when it gets into a movie do I need to give credit or money to the ghostwriter?
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Ooohhh, Mark, you should've worked that out with the writer before you hired him/her. Technically, what that writer did is a work for hire, which does not require you to give them credit or any additional compensation if the film is produced. But if you don't have that in writing you could end up with a problem, especially if your script enjoys some success. I would go back to the writer and see if they'll sign a Work for Hire agreement now, before you do anything with the script.
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I am in the same boat but wrote my screen play myself after taking an online course. Then I used a service here to read it and ...wow! I am now rewriting with a much clearer vision and then I will submit just for editing purposes. Fingers crossed . Good luck
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Hi Mark, you always want to get deals and partnerships like this in writing with all terms agreed to ahead of time. No matter who it's with. But, you didn't, so now you do your be to work out all those details now before moving forward any further. Here are a couple webinars that may be helpful to you: https://www.stage32.com/webinars/Legal-Issues-Across-all-Departments-That-Can-Stop-You-in-Your-Tracks
https://www.stage32.com/webinars/Navigating-Business-and-Legal-Affairs-F...
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Sounds like you need to speak with an entertainment attorney. As mentioned here this should have been secured upfront. You will need to delicately work this out. You may have already granted copyright to the writer, however an attorney will be able to advise you on how to handle this.
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If you pay someone to write, it is a write for hire arrangement. You own everything. Even if that wasn’t written in an agreement. If it went to court the judge would ask “Were you paid to write?” YES, “Did you write”, YES. That is were the relationship ends.
When I did some software development projects I would warn the developers. “DO NOT write a single line of code while on the clock or on the work computer that you want to re-use. Everything you do while being paid belongs to the person paying you”. That is basic business law.
So even if it went to court you would eventually win.
The same applies for the screenplay. The only issue is work done while an option is in place. But that is for another day.
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Thanks for the insight
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Craig is right, but still a good idea to have a formal agreement that specifically states that it is a 'work for hire'.
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the screenwriter owns the rights to the script. you have to buy exclusive rights, as producers do, or the transfer of rights must be spelled out in the contract.