Legal Question in Entertainment Law in New Jersey

Play writer

I am the Author of a book entitled Changes. I am now having someone to change my book into a play and would like to have a contract made for the person writting the play to get credit for her work. What do I need to do?


Asked on 5/15/07, 9:15 am

3 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Play writer

This is a bit more complicated than the other answers make it out to be. Although you own the book, the playwright who adapts it will own the copyright in the play. It is not possible under the copyright law for a dramatic work(such as a play) to be created as a 'work made for hire' unless the playwright is a statutory employee of the commissioning party.

So, you need to work out a contract that specifies not only credit, but the specifics of compensation. What share of the playwright's royalties from productions of the play will come to you, as the author/owner of the underlying rights?

This is a very specialized area of entertainment law, so you should consult someone with expertise in theatre. NYC should be full of such folks. If you need a referral, let me know.

You may also find more information at my website: theatrelawyer.com

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Answered on 5/21/07, 10:36 pm
Daniel Pepper Pepper Law Group, LLC

Re: Play writer

You would need a writer employment agreement with your writer. Also, if the writer is a member of the Writers Guild of America, the writer may be entitled to certain compensation as a member of the WGA.

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Answered on 5/15/07, 10:34 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: Play writer

It sounds like you are hiring the new writer to adapt your book. If so, you want to have her sign an agreement in which you would include, among other provisions, what her consideration may be, writing schedule, approval schedule, credit, work for hire language, etc. Writers Guild does not have jurisdiction over a play unless it is being written for film or television. Even then it wouldn't apply unless the writer was a member or you were a signatory producer.

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Answered on 5/16/07, 7:05 pm


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