QUESTION

My Rights regarding orginsl working

Asked on Mar 11th, 2017 on Breach of Contract - New York
More details to this question:
I own the rights to a script created by me. The script was copyrighted in 2012. I added a conwriter and want to remove him but also not lose all the work done in this time period. The co-writer was added in 2014. My question is what legal ramifications, if any, will there be when I do this. The reason I want the cowriter off the project is because he has abandoned the project and won't do the work. It is my understandiing I own the rights to the scripts and can do this. I just need clarification on this. There is no contract between us exoect for an email I sent with my expectations and to whichthe cowriter agrees to.
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
There is a distinction between a recorded copyright, filed with the government, and a common law copyright.  I assume you claim the latter.  As there is no contract, your argument is just that -- an argument, which your ex-partner could readlly challenge.
Answered on Mar 12th, 2017 at 3:54 PM

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
It would be best if you came to come to an agreement with your co-writer about what percentage of the project he owns, and put it in writing. Can you get away with kicking him off the project and ignore his contribution? Probably, if he's really abandoned it. But it could come back to haunt you if your script gets sold or produced and you become wildly (or even modestly) successful. Try to talk to your co-writer and agree on a percentage. If he refuses to have the discussion, you owe him nothing more, at the moment, and if you're lucky, you may have to deal with him in the future when you're rich and famous. (I hope!) Good luck. 
Answered on Mar 12th, 2017 at 12:20 AM

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