Q: My current screenwriting project is taken from the old adage to “write what you know”. As such, it is a story from my perspective, working in a medical office. Many of the characters are either an amalgamation of patients, or possesses the characteristics of a single patient, that I have encountered over the [...]
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Category Archives: Asked & Answered
Asked & Answered: Should writer’s groups allow development execs as members?
Q: I belong to a script development group in Hollywood. The group recently let a developmement executive in as a member and are talking about letting in other producers and development executives. I think this is a bad idea because even though they sign a non-disclosure agreement, there is no paper trail for individual projects and the script ideas can not be protected. The group argues it’s a way to get their work seen and the producers/execs can give an industry perspective. I think it is a naive and desperate grab at selling a script and if the members work was good enough to get representation, they woud not have to do this. I am now considering resigning. Am I being paranoid and is this a good idea?
A: I’m of two minds about this issue. I think you’re right to consider resigning, if you’re concerned that you can’t trust the other members of your group… regardless who they may be. There’s nothing fundamentally riskier about having a development executive in your group, than having other writers seeing, hearing-about, and evaluating your work. The fact is, other writers are just as capable of ‘borrowing’ material from your work, and in-fact, may be more likely to do so.
I see the value, however, in having producers and execs involved in the group. It IS a good idea that the members of such a group sign on to a code-of-conduct and, preferably, a non-disclosure/non-circumvention agreement that has some legal teeth. Maybe the thing to do is to keep meticulous records (establish the missing paper trail) so everybody knows who’s present for presentations, discussions, etc., and what material is discussed. This is really just a good idea anyway.
The bottom line, however, is this: At some point, you’ve got to let other people read your material, or it will never be optioned, purchased, produced and distributed. So, again I repeat what’s becoming a mantra…. Only do business with reputable people whom you can trust.
Asked & Answered: WGA vs Copyright registration and protection of scripts
Q: I’m sure this is the question that haunts all types of writers. Being a screenplay writer and having my idea and even some exact dialog stolen from me in the past, and working so diligently to create my very best work, I fear the obvious.
My question is three-fold: 1) Exactly what is protected [...]
Asked & Answered: Contests and the risk of idea theft.
Q: I often think that when I submit my screenplays for viewing or to a contest, “What would keep someone from taking the idea?” Let me clairfy what I mean. I send in a screeplay for a contest or for someone (producer, whoever) to read. They like the idea but dont purchase my screenplay but [...]
Asked & Answered: Can a Public Domain Book be a Trademark?
Q: I have a letter from the Copyright office that a book, written in 1880, was in public domain. I wrote an adaptation of that book into a screenplay. I then found that someone had taken the authors works (28 books) and trademarked them on the Internet. I talked to an attorney who said that [...]
Asked & Answered: protection of work against foreign infringement
Q: As most writer’s work is filed with either the WGA or copyrighted through the USPTO, how does one protect their work from an overseas company asking to see your screenplay? As the United States’ market seems to be tightening, it seems like producers and prodcos from other countries are much more receptive and open [...]
Asked & Answered: Copyright duration and the public domain.
Q: If 1977 is the dividing line for copyright laws, is it possible to, say, erase all challenging doubts by merging two pre-1977 stories and create an entirely new work? Such as, say, LITTLE WOMEN (1800s) meets the rogue PAL JOEY (1940). Or must one check to see if Louisa Mae Olcott’s estate still has [...]
Asked and Answered: Protecting your material when submitting to actors
Q: I recently met someone who connects writers to various well-known actors. He is neither an agent or a literary manager, but has worked on several fims in various producing capacities. What steps should I take to protect my script before giving it to this person to pass on to an actor? Should I ask [...]
Asked and Answered: How to acquire underlying rights
Errata (01/15/2010): I’ve updated this post to reflect that the duration of copyright protection for works created after Jan. 1, 1978 is life+70 years, not 50 as I inadvertently stated. (Thanks to Jonathan Handel for catching my error)
Q: IF I was willing to write a spec script based on a novel and say to [...]
Asked & Answered: Can a screenwriter retain control?
Q: Is it possible through an entertainment attorney, for the screenwriter to have control of rewriting, changing, adding or eliminating scenes, etc.?
