Hi all, I am working on an a feature script that was based off a short I wrote in film school. My specialty is cinematography, and so I've brought on a writer to flesh out a feature-length version of the script. What kind of language should I be using in a writers agreement to ensure that I have full ownership over my intellectual property before moving forward with this screenwriter? Are there any templates or other legal advice that you guys may be able to provide since I can't afford a full-time entertainment lawyer?
Thanks,
Gabrielle
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I am not a lawyer and I am not offering legal advice, nor can anyone legally do so on here unless they are a lawyer. That being said, here is my opinion of your situation:
You don't need a "full-time entertainment lawyer"; just one to write the agreement. It will be worth it to protect your IP. If you plan to turn this feature into a major production, you don't get to decide who gets credit for writing the screenplay. That decision is up to the WGA and an arbitration board. it is likely that, since you are bringing in someone to rewrite you, they would at LEAST get a shared "story by" credit and perhaps the sole "written by" credit. You would likely get a "based on a story by" credit, depending on how much or little writing you have and how this other writer changes it.
As far as copyright (which is the legal term for ownership of a written work) that can easily be described in a contract with the writer. Just be clear about your intentions up front. However, this might all be premature. If you cannot currently afford to hire an attorney for a contract, it would be considerably more expensive to hire someone with experience to write an entire screenplay well. If someone offers to write it for low pay (or free, YIKES) then all I can say is: you'll get what you pay for!
Best of luck.
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I see that makes sense. I am -very- green in the above the line world so I appreciate your time and advice. Thanks again :)
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ChatGTP or any other AI will be perfect for this task. Save your money for a layer:) Here is the agreement it wrote for me by inputting your question:
AGREEMENT BETWEEN FILM PRODUCER AND FOR-HIRE WRITER
This Agreement (the "Agreement") is entered into as of [Date], by and between [Producer’s Full Name or Company Name] ("Producer"), whose principal place of business is [Producer’s Address], and [Writer’s Full Name] ("Writer"), whose principal place of business is [Writer’s Address].
RECITALS
WHEREAS, the Producer has conceived an idea for a film project (the "Project") and desires to engage the Writer to provide writing services for the development of the Project’s screenplay;
WHEREAS, the Producer wishes to retain all rights, title, and interest in and to the idea, story, and screenplay for the Project;
WHEREAS, the Writer agrees to provide such writing services on a work-for-hire basis and to assign all rights in the resulting work to the Producer;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
---
### 1. Engagement of Writer
The Producer hereby engages the Writer to write the screenplay for the Project (the "Work") based on the idea and story provided by the Producer, and the Writer hereby accepts such engagement.
### 2. Work-for-Hire and Assignment of Rights
2.1 The Work shall be considered a "work-for-hire" as defined under United States copyright law, and the Producer shall be deemed the sole author and owner of the Work.
2.2 To the extent the Work is not deemed a work-for-hire, the Writer hereby irrevocably assigns and transfers to the Producer all rights, title, and interest in and to the Work, including but not limited to copyright, throughout the universe and in perpetuity.
2.3 The Producer shall have the exclusive right to use, modify, adapt, distribute, or otherwise exploit the Work in any medium now known or hereafter devised, without further compensation to the Writer, except as specifically provided herein.
### 3. Compensation
As full and complete compensation for the Writer’s services and the rights granted herein, the Producer agrees to pay the Writer a one-time, all-inclusive fee of Fifty Thousand Dollars (\$50,000.00 USD). Payment shall be made as follows:
- [Specify payment schedule, e.g., 50% upon signing of this Agreement and 50% upon delivery and acceptance of the final screenplay.]
### 4. Delivery and Acceptance
The Writer agrees to deliver the completed Work to the Producer by [Delivery Date], subject to the Producer’s satisfaction. If revisions are requested, the Writer agrees to make reasonable revisions as directed by the Producer at no additional cost.
### 5. Producer’s Ownership of Idea and Story
The Writer acknowledges and agrees that the idea and story underlying the Work are solely owned by the Producer. The Writer shall not use, disclose, or exploit the idea, story, or any element thereof in any manner other than as required to perform services under this Agreement.
### 6. Confidentiality
The Writer agrees to keep all information relating to the Project, including but not limited to the idea, story, and Work, confidential and shall not disclose such information to any third party without the prior written consent of the Producer.
### 7. Warranties and Representations
The Writer represents and warrants that:
7.1 The Work shall be original and shall not infringe upon or violate the rights of any third party;
7.2 The Writer has full authority to enter into this Agreement and to grant the rights conveyed herein;
7.3 The Writer has not and will not grant any rights in the Work to any third party.
### 8. Independent Contractor
The Writer shall perform all services under this Agreement as an independent contractor and not as an employee of the Producer. Nothing in this Agreement shall create an employer-employee relationship, partnership, or joint venture between the parties.
### 9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
### 10. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and discussions. Any modifications to this Agreement must be made in writing and signed by both parties.
### 11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
### 12. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
Producer:\
Name: \\\\\\\\\\\\\\\\\\\\\\\\\\\\
Signature: \\\\\\\\\\\\\\\\\\\\\\\\\
Date: \\\\\\\\\\\\\\\\\\\\\\\\\\\\_
Writer:\
Name: \\\\\\\\\\\\\\\\\\\\\\\\\\\\
Signature: \\\\\\\\\\\\\\\\\\\\\\\\\
Date: \\\\\\\\\\\\\\\\\\\\\\\\\\\\_
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wishing the project much success
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Writer's agreement and chain of title are pretty standard documents. You can simply reach out to an entertainment lawyer and have them draft them up for you. Best to have someone on hand.
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Do NOT use AI for a lawyer! I don't have time to pount out all of problems with the "contract" posted in this thread, but all I can say is: Pup is wrong/giving terrible advice. If AI was the answer for skilled jobs, people wouldn't have those jobs, whether it's writing legal docs, or screenwriting. There are several instances of legals case that tried to use AI... spoiler: it didn't go well! If you are going to use AI, use it as a support tool, never the primary!
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https://www.abajournal.com/web/article/latest-version-of-chatgpt-aces-the-bar-exam-with-score-in-90th-percentile
You can't critic just saying something is no good, you have to be specific as to why you think that. AI will eat lawer lunch and I understand you don't like that. But that's how it's going to be.