If a screenwriter is interested in adapting a novel into a screenplay, but only agrees to do so as a work-for-hire project and does not want any attribution (ghostwriting), what is the appropriate way to go about entering that screenplay into competitions or giving pitches?
Should the rights holder somehow make it plainly known but without revealing any names?
Should the rights holder claim the work as their own?
Your advice is greatly appreciated!
Please clarify this. Are you saying that you would write a screenplay based on a book without credit for the work, only to get paid? If so, then you are just working for somebody else and you have no rights to the project at all. I would not do any such thing myself. I want my name on what I write.
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Mike Rembis I would actually be the one hiring the screenwriter to adapt the novel. However the screenwriter does not want any credit or attribution. Only to be paid for the work. No further involvement.
In this case, what is appropriate from me?
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If you own the right to, or it is your own book, the screenwriter has chosen not to be involved in what happens to it and e.g. you can do what you like with it. If you do not own the book rights then it’s a pointless exercise unless you are trying to sell it to those who do but I would guess they wouldn’t touch it.
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Phase 1:
To make a desision you need a starting point from which to deliberate. David just gave you this. It seems your talking about the co-written "Tommy And The Order of Cosmic Champions." First we have to know if the co-writer feels the same way about what's really bugging you; my guess is that you don't want a writer writing the screenplay version of your story without wanting any credit for it (because for you it feels wrong) Also meaning, in my humble opinion, if you decide to let this writer work on your story, he/she would automatically be a 'writer for hire'. If you don't want a gostwriter, simply keep looking for a writer (for hire) you want to 'team up' with (and visa versa) and in whatever (contractual) way you want to split the rights with, untill you want to sell those rights to a producer, or keep those shared rights and try to produce the potential movie yourself.
As a 'writer for hire" you normaly contractually give away the rights ( for fruitation), but will be stated as the official writer (in whatever 'literal' way)...But every contract can be (slightly) different, it's just what you finally agree upon.
.. but why not team up!, get shared screenwriting rights.
Phase 2:
(1)"What is the appropriate way to go about entering that screenplay into competitions or giving pitches?"
(a) I think 'screenplay competitions' and 'pitches' are two different beasts here; if you pitch a screenplay of which is clear you have only (official) 'story by' rights, Stage 32 and the producer you pitched to won't kill you if you're not the officially registered screenwriter.
(b) If you want to enter a screenplay competition, you must have co-written the screenplay (doesn't matter if the screenplay was after your co-written book), writing only a few scenes would, I think, be enough, but probably would mean the one who wrote the most scenes would/should (a) register it at the USCO, and (b) should enter it into the competition. But I'm not a 100 % SURE about the "-who- should register" PART!!
(2)"Should the rights holder somehow make it plainly known but without revealing any names?"
".. but without revealing any names." Is that even possible?!
This simply means you decided to use a gostwriter after all; meaning, even if you want to, you cant share the name of the gostwriter, the written piece will be on your nane, you've written it, even if technically you did not.
(3)"Should the rights holder claim the work as their own?"
If you use a gostwriter, the answer can only be "yes".
If not, we're (already) thinking ahead; we're probably talking shared rights/names, by some form of agreement, I guess, stated in the screenplay and toward(s) whoever you want to communicate... Meaning "...the rightholderS should claim the work (screenplay) as their own.
Still, after all this ?good?... at least, well meant advice, I would go for a free consultation with an entertainment lawyer.
basically you are a "producer." Future buyers want a clean chain of title.
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Rutger Oosterhoff David Taylor Dan MaxXx Thank you for all the valuable info!
Really am just wanting to do the right thing.
For context - I am sole owner of the novel rights.
My collaboration with my partner on the novel was contractually a ghostwriting project. However, the nature of our partnership was such that I insisted he be listed as writer, with “story by” credit attributed to me. I also paid him half of all profit from sales, despite it not being an obligation.
So coming into this new screenplay adaptation idea, I had this same arrangement in mind, but understood that the screenwriter may not feel the same.
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"Story by credit" is solely up to future buyer. lots of union wga writers get 0 screen credit during arbitration hearings.
Dan Guardino I understand that, and that is why I am asking for appropriate ways to go about these things. I don't know the reasoning behind not wanting to receive any credit for the work - keeping it work-for-hire/ghostwriting. Makes no sense to me, but it is what it is.
Dan Guardino Right. I'll be mulling this over then.
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I know a few successful screenwriters who have hired up-and-coming writers to write first drafts of ideas they have to give them a head start and then they take over to rewrite and polish. The spirit of those deals was always to give up-and-coming writers an opportunity to get paid to work on their craft under the wing of a more seasoned writer. And a shared story by type of credit was usually agreed to. And, of course, there are uncredited script doctors on countless projects, including legends like Robert Towne, Tom Mankiewicz and William Goldman. Ultimately there is a credited screenwriter at the end of the day and the script is considered their work (if its a WGA project the Guild will determine those credits). In the scenario you present, Anthony Grate - who would be the credited screenwriter at the end of the day?
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Sam Sokolow Given the writer’s requests, it would be me. Uneasy as that makes me feel.
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Personally, I would write a post on UpWork and give everyone the nitty gritty details on what you're asking for.
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Marcel Nault Jr. Actually that is where I made contact with the screenwriter being discussed here. I’ve used Upwork for many projects, but only recently for anything related to screenwriting.
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Hey Anthony Grate it's really common for ghostwriters or script doctors to write for cash instead of credit. There are myriad reasons for a ghostwriter to not claim the script as their own or care about credit. Some just want money, some do it to improve their craft via experience, and others might not be comfortable with or want credit on a script in a genre that they don't typically write in or isn't on brand for them. It's also important to note that it's typically not about the writer believing in the project or not. Credit matters to the guilds, but it doesn't really matter unless the script gets made into a film, which is still always a low % play, so the math of it all makes it something not really worth troubling over. If a ghostwriter can stack up cash as a writer-for-hire in the immediate term, that's enough for a lot of writers - along with actually working as a writer who's improving their craft, getting to explore various worlds, and expressing creative ideas. As far as your question -- Should the rights holder claim the work as their own? If you commissioned for the script to be written and have a contract or agreement with the writer that states they will not receive credit or that is the noted agreement (somewhere in writing), you should be fine claiming the work as your own. Feel free to enter the script into competitions and pitch the script as your work (it's based off your novel after all). To answer this question: Should the rights holder somehow make it plainly known but without revealing any names? Absolutely don't do this. If you bring up details like this in your pitches, you risk really muddying the waters for whatever you've got going. When you start throwing out random secret attachments to the project, producers minds will just start thinking 'wait, do i have to pay someone else too?' and that can kill a deal or momentum towards a deal immediately.
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Pat Alexander Thank you for that! This info helps a lot. I actually plan to have multiple screenwriters working on adaptations, if for no other reason than to experience the different visions of the story as a film.
I think I have enough insight now to feel comfortable with a variety of agreements.
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Anthony Grate - if this is how your deal is structured, in writing and agreed upon, then you will be considered the writer of the screenplay when the day is done. If that is the case, then you can submit the screenplay anywhere you desire as the writer. You can always include in your deal with the ghostwriter financial bumps if/when the screenplay, itself, generates revenue. If this is the construct of the deal, and you are operating within those agreed upon terms, I think you can proceed with business as if it is your screenplay. And that's OK. I've contributed to creative experiences without credit and been thrilled for all involved in those projects' success. Perhaps your ghostwriter will be, as well. Business and feelings sometimes need to be bifurcated if all parties agree to the deal terms (in this case they seem to want them).
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Sam Sokolow Thanks for that Sam.
I feel better having gotten all this input. It’s been a great help!
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Best of luck Anthony Grate