Who owns screenplay
Story producers provide the framework for season-long or series-long story arcs, which screenwriters can then write individual episodes within. Storyliners fulfil a similar role, working for story producers in order to write an outline document for a series.
Write your own screenplays as soon as possible. Practising the form is essential. A degree is not a prerequisite to become a screenwriter, but having relevant education, whether that be in English or screenwriting subjects, is very useful. At school or college: If you want to go to university, A-levels or Highers in drama and theatre, English, film studies, media studies and psychology are useful. Or you might want to take one of the following Level 3 vocational qualifications:.
Read and write: Practise writing screenplays in a professional format. Read existing screenplays online to familiarise yourself with the form. Some free examples can be found here:.
Build a portfolio: Create work that you can show off to admissions tutors or employers. This is essential. Go to build your writing portfolio to learn how. We recognise courses with our ScreenSkills Select award where they offer training in the relevant software, dedicated time to building a portfolio and have strong links with the film and TV industries.
Meet producers and ask if they would like to see your scripts; give them your contact details. Go to how to network well for some tips. Network online: Create a LinkedIn profile. See if there are Facebook pages or other social media groups for people making films or TV in your area. There might even be groups for runners and trainees. Join them. Ideally, the producer will find a script that is ready to shoot, but usually the services of a professional screenwriter are required to create the screenplay.
A script can be a new work, or based on an existing work, such as a novel, a play or a comic book. The script itself is always considered an original creation to which IP rights are attached. The producer typically hires a script writer to produce a short narrative canvas for the film and a first draft; the agreement may also specify any further drafts, re-writes or polishes that are expected for agreed fees.
If the movie is an adaptation of an existing work, the producer will conclude an option agreement to secure the right to use this material before going forward. An option agreement states that the owner of the underlying work — a script, book, article or short story — agrees to grant to the producer, for a specified period, the right to produce a film. If the film is made and the option is exercised then the copyright owner is paid an agreed fee for the ongoing right to use the work in the film.
A rights purchase agreement is usually also negotiated at the same time outlining the terms for securing rights to the screenplay, TV rights and the right to release in ancillary markets such as home video and new media. An experienced producer will seek to acquire as many rights as possible to optimize profitability and to have a free hand in making a sequel, for example. The original copyright owner, on the other hand, will endeavor to reserve certain rights such as publication rights, stage rights, radio rights, rights to characters should he or she wish to write a sequel.
Detailed rights purchase agreements help avoid unforeseen legal problems further down the road. When it comes to securing the necessary funds to produce a film, these IP rights supported by clear chain of title documentation are by far the most valuable assets the producer holds.
Without a clear chain of title, the sale of a film property can become very difficult, if not impossible. Such agreements cover a range of issues and, depending on the jurisdiction, the director can be identified as an author and joint owner of a film with corresponding rights; as an employee and paid a salary; or as both. Similarly, the producer will negotiate agreements with actors and performers.
These can be complex and sensitive as they blend IP-related issues — such as the transfer of rights to the producer — and conditions of employment. The legal status of actors varies from one country to another. Some countries grant actors a comprehensive set of so-called related rights see Understanding Copyright and Related Rights.
In many other countries, however, actors are hired to work on film sets as employees and have little or no bargaining power to negotiate favorable contractual terms of remuneration see Managing performers' rights: the role of contracts. After the film has been shot it goes to the editing room where the scenes are selected, usually by the film editor, director and composer, to make the best or final cut of the movie. Once the film is ready for public viewing, the importance of IP rights to the movie business is again prominent.
Only with a clear chain of title documentation proving ownership of underlying rights in a work can a producer have any success in securing deals with distributors. There is no such thing as a standard distribution deal. A producer may be dealing with an integrated company that can release the film in local cinemas, in VCD or DVD formats, or license it to local TV stations or sell it to foreigner buyers at film festivals.
Or, he may be dealing with different distributors operating in different market segments, e. Distribution agreements generally contain clauses that ensure the distributor has the legal right to make certain changes to the film for the purposes of distribution. Every distributor will incur marketing costs to give the film its best chance in the marketplace.
The producer will endeavor to secure a sufficient level of commitment on the part of the distributor to promote the film. He or she may also seek to negotiate consultation rights over the shape and direction of the marketing campaign. For example, a company I once worked for optioned a script for a few thousand dollars but the script was ten years old and featured hackers using dial-up lines to access the Internet.
The writer was happy to address these tech issues and punch up a few other scenes over a long weekend. Luckily, his contract stated that he owned any rewrites done for free.
So why would they want to hold on to the rights to your revisions anyway?
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