Legal Question in Entertainment Law in California

Re: screenplay to novel rights

Unless you agreed to merge the screenplay into the novella, which doesn't sound like you did, you're free to produce a film based upon the screenplay, even if dialogue from the screenplay is subsequently used in the novella. In effect, your novella is a compilation, presumably including work that was already under copyright in your screenplay, added to material that is original to the nocella (e.g., new settings, characters, etc.) Care must be taken that when you do the film, the producer or director doesn't decide that an original part of the novella doesn't find itself into the film. The foregoing would, of course, be subject to reviewing the novella agreement to ensure that the two works haven't merged.

Re: screenplay to novel rights

This is one of those questions that would require a reading of the book contract to properly answer.

Re: screenplay to novel rights

I have to infer something in your question. I am guessing your contract with your publisher states that they retain film rights however the split is negotiable. You only said the latter.

So, if you hired me, I would first read the entire contract. But based on what you said here, you will (1) need to address this BEFORE signing with a producer and (2) negotiate your publisher's percentage as somewhere from 0 to 10%. Your best argument is that you have the means to invest time to complete a finished screenplay--not just literary rights--and that before proceeding you want to know that pursuing this is worth your time. The promotional benefit of the movie is as great as any percentage.

You might even want to find a willing producer and, prior to signing anything, negotiate the low fee with the publisher then. But that can backfire if you do not bring up the issue of the producer the right way.

You should also look at your screenwriting credit as separate than your literary rights. You should be paid and credited for both and your publisher certainly should take nothing regarding the writing of the screenplay.

You should not do anything before getting things straight with your publisher.

Contact me to discuss further.