Legal Question in Entertainment Law in California

Re: copyright infringement?

The answer to your question depends on factors like the language of the contract and whether the copyright is registered with the US Copyright Office. My best guess is that since the agreed-upon price was not paid, you still own 50% of the copyright and you have the right to sue him for either a legal ruling that you own 50% of the copyright (you would have to repay $10,000), or $15,000. I would not be quick to bother the production company as you do not want to possibly dissuade them from producing the movie (after the movie is made or released, there might be more money involved, you might want to read the Writers' Guild of America Minimum Basic Agreement). Obviously you need to see a lawyer with copyright law experience without delay. You might (or might not) be well advised not to cash the check.

Re: copyright infringement?

From the facts as you have given, your friend has breached your agreement.

You should hire an entertainment litigator and pursue any claims you have.

Re: copyright infringement?

You appear to have a viable case based upon the facts that you presented. The sooner you consult with counsel, the better, since you can exert leverage with the production company if you do not get prompt satisfaction from your co-author.

Best wishes,

LDWG

Re: copyright infringement?

You could actually have a legitimate claim that you own the copyright since you agreed to sell the copyright in exchange for $25,000. Since he only paid you $10,000, he has paid inadequate consideration and in fact, you could argue that the copyright was not in fact transferred to him. I would pursue this claim as soon as possible since the longer you wait, the fewer remedies you could potentially have.

Douglas F. MacLean

www.powderhouselawgroup.com

Re: copyright infringement?

Thank you for your inquiry. It would appear that you may well indeed have a legitimate claim. However, I would need to review the contract to answer your question. Please feel free to personally call me at toll free 866/866-5295.

I will be pleased to discuss the matter with you at no charge. Thank you, and best of luck.

James Cook

Attorney at Law

Re: copyright infringement?

The first thing you should do is to notify the buyer of the motion picture rights that you are the owner of 50% of the screenplay. That they are not authorized to do anything with your former partner alone. You do still own 50% of the rights and, if you like the deal, 50% of the proceeds.