Legal Question in Entertainment Law in California

Re: remake rights

It depends upon the relationship created by the original contract. If the contract says it is a "work for hire", the employer (in this case, the producer) owns everything. If this was a purchase/sale agreement and the contract transfers rights only in the screenplay, then remake rights would remain with the author.

Most competetent entertainment attorneys who work in the motion picture area generally spell out the exact copyrights being transferred, and include provisions for additional payments in work-for-hire agreements if the work is to be remade and used in other media. The fact that the contract did not leads me to think that this agreement was not written by an attorney.

I would strongly suggest that you consult a competent entertainment attorney to review the agreement if you want to do a remake. Only after looking at the actual agreement could an attorney adequately advise you as to your rights and responsibilities.

Re: remake rights

Generally the copywrite owner would have a claim to the use of the intellectual property. However, there are exceptions to the rule. You should have the copywrite and contract reviewed in light of the re-make planned. There are always cost effective negotiation tactics which can get the copywrite owner on board with the new project.Call me directly at (619) 222-3504.

Re: remake rights

You most certainly need to deal with the holder of the copyright. Use of the literary property is his exclusively.(subject only to limited exceptions, of which a "remake" is not one.)