Legal Question in Entertainment Law in California

Re: Rights to Adaptation of Short Film to Feature Film

In order to advise you on your rights, it would be necessary to see your film's chain of title, especially the contracts you have with the writer. I can, however, make a few general observations:

In the United States, the producer is the copyright owner of a film, but the writer is the copyright owner of the screenplay. Typically, a writer transfers his rights to the producer before the film is made, and the producer then becomes the owner. This assumes proper legal documentation. If this is a student film or a spec film you made with friends, it is likely that you didn't bother with documentation, so the rights are probably a bit muddy. In order to cover its bases (and avoid any lawsuits), the studio you spoke of will probably want to obtain rights from all of you, and will probably pay you for those rights. I strongly suggest you seek counsel from an experienced entertainment lawyer before you agree to anything.

Re: Rights to Adaptation of Short Film to Feature Film

I have this terrible sinking feeling that, because you are asking this question, you (or your attorney) failed to cover this topic upfront in your contract with the writers. After all, what the prod. co. wants to option isn't your film, but the script. You made this terrific film based on the script, and you and your co-producer may own the copyright in the film, but the copyright in the script belongs to the writers unless you provided otherwise in your contract with them. That said, you and your co-producer may own or may have a claim to the trademark rights in the film's title -- again, did you register the trademark? did you provide for this in your contract with the writers? -- but the prod. co. can get around this by releasing the next film under a different title. Sounds like you all will need lawyers to sort out this mess.

Re: Rights to Adaptation of Short Film to Feature Film

Sounds like you are about to be pushed aside so other people can go make money and eat your slice of the pie. I might have an idea or two if you want to email me.

Best,

Daniel Bakondi, Esq.

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