Working with a writer

Hi all,
I'm in the very early stages of pre-production for a project I want to shoot in the spring (very low-budget short film of about 10 minutes). I want to use a script someone else wrote (which they sent to me and would like me to produce). I am a newbie, still a student, and this would be my first narrative short outside of school. Not paying the writer (he is fine with that), and want to make some minor changes to the script. What kind of agreement do I need and how do I approach asking for changes? If you have done something like this before, would you mind sharing your experience and how you handled it? Thanks.

PS: This is not meant to be a thread discussing paying or not paying writers.
 
You will want to make sure you have the legal rights to the screenplay and story, whether it be a purchase agreement for $0, or the rights to produce it, you need it in writing.
 
You will want to make sure you have the legal rights to the screenplay and story, whether it be a purchase agreement for $0, or the rights to produce it, you need it in writing.
Well, yes, of course. I know that, but thank you. My question is what kind of agreement do I need to get the rights (are there different types of rights)? Any sample agreements anywhere? And anything to know when asking for changes? Thanks!
 
2 ways...

First of all, read this:

OPTIONING LITERARY MATERIAL

Now that you know what legal points need to be made within your document, you could go ahead and piece one together on your own... I've done this a few times.

Or...

Feel free to use the attached document as an example or in its entirety.

Good luck with it!

filmy
 

Attachments

  • OptionPurchaseAgreement.pdf
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Questions about your agreement

Feel free to use the attached document as an example or in its entirety.

Good luck with it!

filmy
Was looking over your agreement and have a few Q's...

My 1st question relates to the first paragraph under "Witnesseth" in Exhibit A: What if the writer never registered the work with the Copyright Office? I know he did write it and holds the copyright. Do you think there would be a problem with the contract legally if I took out that part about having registered it?

Also, Exhibit A mentions the WGA. Does the writer have to be a member of the WGA for that part to be in there?

Next, since this copyright assignment is really an exchange (for screen credits and DVD) and NOT a monetary sale, can I substitute other terms for Seller and Buyer? Like Writer and Producer... or something else?

Paragraph 10 in Exhibit A : What goes in those blanks?

I am not really optioning first, the writer is just going to go ahead and assign me the film rights. So, I don't need the option agmt, but is there anything in your Rights Purchase Agmt that actually pertains to the Option that I can take out?

Is the short form enough or do I need all the other gobbledegook?

Thanks!
 
I wouldn't take that part out about copyright number... LOL. Simply type in: NOT APPLICABLE or NOT REGISTERED.

No... Writer does not have to be WGA. You're simply agreeing to give the writer credit as per the Writer’s Guild of America Minimum Basic Agreement and of course, this document.

I would not substitute writer and producer in place of buyer and seller if you ever expect to end up in court... LOL. If it were me, I would, at a minimum, make sure the seller gets a token payment and signs their name to it rather than trying to negotiate the agreement for copy and credit. If you'd like to add these two items to the contract i.e., in addition to a token payment, cool.

As for the option...

Again, if it were me, I would KEEP the option agreement in there so as to keep myself as legally protected as possible.

Your option period can be INDEFINITELY and again, you can make a token payment for that option.

filmy
 
Exclusive License of Copyright - Screenplay

Hi all. I've been researching a lot, reading about contracts, and have another question about working with a writer. Has anyone here used an Exclusive License of Copyright when producing a writer's screenplay? I just want to know...

if I draw up an Exclusive License Agreement for film rights to a literary property, then do still need any other kind of agreement in addition to that? The writer is letting me use a screenplay for a short film for free. I want to have the simplest agreement possible and since I know I'm already getting the screenplay at no cost, there's no need for an option. Thanks...

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Sorry, I didnt understand you. Are you looking to find out what should be in an agreement with a screenwriter, if he was to give you a script for free?

I too am looking for this answer. I need a agreement to cover myself while producing a script that isnt mine. I a) dont want to waste time and money producing something that I cannot legally do, and b) have a screenwriter come after me for money if I was to make some $$ from his script and we didnt sign an agreement.
 
I, too, am confused by your question.

An Exclusive License of Copyright means you (the producer) will
own (or co-own) the copyright to the screenplay. Is that what you
both want? It seems to me the author would want to maintain
the copyright while you have the right to develop, produce and
exploit the move using the material.
 
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