QUESTION

Can another person claim rights to your intellectual property if they only edited it or made small changes to improve it?

Asked on Oct 15th, 2012 on Entertainment Law - California
More details to this question:
I wrote a script. A second person was hired to direct and offered suggestions on it. I reviewed and implemented a few, nothing that changed the scope, direction, or nature of the story. The director isn't attached to the project anymore and never signed a written agreement as to his role or compensation for the project. He now wants compensation for his suggestions to the script or requests that all of those changes (very few) be removed. Is he entitled to do this? On all documents only I am listed as the writer/creator of the script. And I have sent the script and its revisions to myself and others. I am the only person who physically altered the script and it was solely my decision on what would be added or taken out.
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6 ANSWERS

Theodore M. Roe
Why "physically" altered a script is of no importance (otherwise secretaries in Hollywood would own most scripts). Also who's name is on the document as being its creator is of little importance. If you are implementing changes that is the product of another's creativity and you did not have them sign a work for hire agreement before this was done, including a non-compete, then they may own a portion of the IP. How much is often determined by the court.
Answered on Nov 06th, 2012 at 4:31 PM

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Yes, it is possible for another person to claim rights in your intellectual property when they edit your script or make changes to it. It depends on how significant the changes are. The only way to avoid having another person claim rights in your intellectual property in this situation is to have a written agreement with them up front that states they will not become a copyright owner. It does not matter if your name is the only name on the script. That is not legally relevant to the issue of who helped create the script and who has rights in it. In your case below, if you use any material created by the director, he is entitled to compensation. He is also entitled to be a co-writer and co-owner unless you have a document saying he will not be an owner. On the other hand, if you remove all of his edits and changes, then he has no claim of ownership.
Answered on Oct 22nd, 2012 at 7:22 PM

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Entertainment Attorney serving Beverly Hills, CA at MindFusion Law, LLP
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Writer agreements should list out who the owner of the script is. The WGA has a lot of information to guide writers on their rights. Even though you may or may not be a guild member, the WGA is a great resource for you. Without an agreement, it becomes a situation of verbal arrangements and email correspondence for substantiation. If the content contributed by the old director is not of material significance, removal may be a good compromise.
Answered on Oct 17th, 2012 at 9:12 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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By now you understand the importance of having signed contracts with every member of a film crew, especially the director, prior to the start of shooting. What to you may seem minor changes may be, to the director, core issues about how he interpreted the script, directed the actors, arranged the staging, etc. Contact an attorney to help you with this if you intend to distribute the film with the director's changes included but without the director's permission. Because you did not have written "work for hire" agreements in advance, the director may have a case against you.
Answered on Oct 17th, 2012 at 1:24 PM

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Susan Marie Basko
You question is an example of why every film project should have a lawyer on board from the beginning. Before you let anyone read your script, and certainly before you have them suggest changes to it, you should have a contract in place stating why they are reading it and what their relationship to it shall be. For example, before the work was done, you could have had a Work For Hire contract where you were hiring the Director to make script change suggestions. You cannot create a Work for Hire contract after the work is done and you cannot create one except in writing and it must be very exact. Because you failed to get proper legal help in a timely way, now you are in position where the Director may or may not have the right to claim partial ownership on the intellectual property of the script. You can either absolutely remove all the changes made through the Director's suggestions and make sure those changes or any others suggested by the Director are never again implemented in the course of completing the film, such as in later script revisions, improvisations, or editing, or you can give the Director whatever rightful share of the Copyright belongs to the him or her. In any case, you should get a written agreement in place now with the Director, otherwise your film will not be able to move ahead because there will always be the possibility of a crippling lawsuit hanging over the project. You should get a lawyer to do this and not try to do it yourself. Are you a union writer? Is the director a union director? Is this a union project? I ask this because the unions have rules that may affect the answers to these questions. Get a lawyer. com
Answered on Oct 16th, 2012 at 2:56 PM

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This is a very interesting area of intellectual property law. I am assuming that you had no oral agreement as to his contributions and compensation for his contributions. My suggestion would be that he can wage a legal fight if he has the resources, even if his case is weak to non-existent, and if you think he will: remove his contributions.
Answered on Oct 16th, 2012 at 2:56 PM

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