QUESTION
What are my rights on 50 percent ownership of script?
Asked on Nov 09th, 2011 on Entertainment Law - New York
More details to this question:
I co-wrote a screenplay with 1 other person. This person now wants to adapt the screenplay into a graphic novel but they have cut me out of the artistic and publication process. They say they have a right to do whatever they want with the screenplay because they own 50% of it. But doesn't my 50% have a say in what the screenplay is adapted into?
2 ANSWERS
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First, it must be determined if the work is a "joint work." If two or more writers co-write all the material together (as opposed to one writer writing one section, and the other person writing the remainder), and assuming that there has not been any agreement that it will NOT be considered a joint work, then as a general rule, it will be considered a "joint work." If it is, legally, a joint work, then as a general rule either co-author has the right to adapt, and to issue NON-exclusive licenses to third parties for the adapted work, but must account to his/her co-owner for the co-owner's share of any income which the adapting party receives from third parties. This is a complicated legal area, and the above information is only intended to provide a general overview, and should not be considered legal advice for any particular situation. (There may be factors present which would be exceptions to the general rules stated above). It would be wise to have a qualified copyright attorney in your area review your particular situation and make recommendations to you accordingly.
Answered on Nov 17th, 2011 at 3:34 PM
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According to the Copyright Act, the authors of a joint work jointly own the copyright in the work they create. A joint work is defined in Section 101 of the Copyright Act as "a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole." When the copyright in a work is jointly owned, each joint owner can use or license the work in the United States without the consent of the other owner, provided that the use does not destroy the value of the work and the parties do not have an agreement requiring the consent of each owner for use or licensing. A joint owner who licenses a work must share any royalties he or she receives with the other owners. So it depends on what (if anything) was agreed upon at the time the script was created. If you have nothing in writing then the joint ownership rules stated above apply in the piece. To summarize them: You can both do whatever you want with it as long as (a) it does not diminish the value of the piece and (b) the other person receives their share of the royalties.
Answered on Nov 17th, 2011 at 3:30 PM