Legal Question in Entertainment Law in California

screenplay copyright ? re ex-writing partner

Can I copyright a script based partially on an idea, that my ex-writing partner & I came up with together, without her permission? After parting ways with my writing partner, I completely rewrote & changed over 90% of the story. I want to give her a partial ''story by'' credit and would like to turn the script into a comic book. Do I need her permission to copyright or should I contact a lawyer before going any further with the project? thanks


Asked on 2/06/09, 12:50 am

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: screenplay copyright ? re ex-writing partner

This is not really a copyright issue. You can register the copyright, if the script is entirely original with you. (Ideas are not protected by copyright.. only the particular expression is protected)

BUT... you may have some implied or express contractual obligations with respect to the idea... you may not, in fact have had any right to re-write the script without former partner's consent... Much depends on facts you haven't given.

Regardless of the "legal" answer to this question, the best advice is to get a written "termination of collaboration" agreement in place to address these questions. In the long run, it will be far more cost effective to have a lawyer negotiate a deal and prepare a document, than to litigate the issue(s) when your comic book or screenplay is successful.

I can help. Give me a call for an appointment.

Read more
Answered on 2/06/09, 1:10 am
Keith E. Cooper Keith E. Cooper, Esq.

Re: screenplay copyright ? re ex-writing partner

When there is more than one author to a work, any of the authors can copyright it, but you must list the other authors in the registration. Authors are presumed to have equal ownership unless there is a contract to the contrary. Likewise, any of the authors has a right to exploit the work or create a derivative work (which is what you are referring to) from a copyrighted work without the other authors' permission, but you would need to share any resulting payments with the other authors.

This is not intended to be a complete discussion of this topic as it relates to copyright law, nor is any attorney-client relationship created hereby.

Read more
Answered on 2/18/09, 6:28 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in California