|
Question: If I sell my story and later decide I want to write another story
that includes one or more of the characters from my first story, would I
have to negotiate into the contract the rights to do so? For example,
I write a script, it is made into a movie and then five years later I decide
to write another script, or maybe a book, which deals with one of the supporting
characters from that first script. Would I have to had contracted at
the time of sale to keep the rights to the characters?
Answer: If you reserved author written sequel rights, you may be
able to use the characters in a subsequent work. You need to carefully review
the language in your agreement to determine what your rights are.
If you sold the entire copyright to your script, then the new owner now
has all rights to it, until such time as it goes into the
public domain. Those rights include the use of the characters in the work
to the extent that characters are copyrightable. Finely drawn characters,
especially those with a visual component such as a comic book character,
can be protected under copyright law. Likewise, characters with a name,
such as "James Bond" would be protectable. But general
character and personality traits, such as a "hard boiled private eye," are
not copyrightable, and freely available for all writers to use. There are
dozens of hard boiled private eye characters created by different authors. So
even if your character is now owned by another, you could create a new
and different character that might share some of the same personality
characteristics of your prior character.
When writers create an original script on their own (i.e, not as a work
for hire for another), they often are able to reserve certain rights to their
scripts when they sell the motion picture rights. These reserved rights often
include dramatic, radio, live television, print publication and author written
sequel rights. Moreover, if you had a reversion clause in your purchase
agreement, it might provide that if the buyer does not produce a movie based
on your script within a certain time (i.e., five years), all rights
revert to you. Finally, if a writer is a member of the Writers
Guild, he/she may be entitled to certain "separated rights" by
virtue of the collective bargaining agreement between the guild and its signatory
companies.
—Mark Litwak (www.marklitwak.com)
Mark Litwak is a veteran entertainment attorney and Producer’s Rep
based in Beverly Hills, California. He is the author of six books including:
Reel Power: The Struggle for Influence and Success in the New Hollywood,
Dealmaking in the Film and Television Industry, Contracts for the Film and
Television Industry, and the recently published Risky Business: Financing
and Distributing Independent Film. He is the author of the CD-ROM program
Movie Magic Contracts, and the creator of the Entertainment Law Resources
website at www.marklitwak.com. He can be reached at law@marklitwak.com.
Disclaimer-Any
material sent to or provided by Mark Litwak is for illustrative and educational
purposes only and should not be relied upon as legal advice, or be considered
confidential or the basis of an attorney client relationship. This
material may not be suitable for your particular situation and different
legal advice may be appropriate depending on your jurisdiction or circumstances.
Therefore, you should not rely on this material, or any part of it, without
the advice of competent legal counsel.
|
