Legal Question in Entertainment Law in California

I started working on a film script with another person. The idea of the story was mine and almost all the story ideas coming forward were mine.

He was an experienced television writer, his job would be to write the script. (He is a member of the WGA, I am not.) But when he started writing the script, I did not like the writing and we decided to part ways.

In parting, he asked that if I sell the script, that we share a story created by credit. He did not create the story, but certainly did help to get the ball rolling. I agreed.

I am close to finishing the script. Less than 1% of 1% of 1% of the script is of his creation.

There are issues of integrity here, I said he could share the credit. He probably has an e-mail communication verifying this. On the otherhand, his contribution is not highly worthy of such a credit. I feel like an automobile racer who has to share his trophy with the guy who cleaned the rear view mirror before the race.

Do I lose anything by sharing the story created by credit? Is the credit prorated in some way financially to reflect the level of contribution by each participant? If there is a sequel, does he still get a created by credit. What is your advice here?


Asked on 9/24/09, 9:21 pm

2 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Sharing credit can mean that your compensation for the script is reduced.

It can also mean you have to share compensation with the co-creator. WGA has rules about this, and it can be tricky.

If you do NOT share the created by credit, it's possible he'll sue you (likely the WGA will arbitrate the dispute)... based on what you've said, the percentages will play in your favor. But it's a time-consuming, costly headache.

You probably should consult a knowledgable production attorney to learn your rights.

Read more
Answered on 9/25/09, 2:16 pm
Keith E. Cooper Keith E. Cooper, Esq.

It is unfortunate that you did not discuss this with an attorney before you started making agreements. You should not agree to share a "story by" credit with someone who did not actually create the story. Based on what you've said, this writer might be entitled to share a "screenplay by" credit, if he worked on the screenplay, but if you agreed that he would get "story by" credit you may not be able to rescind that now.

These credits have very specific meanings under the WGA, and carry with them minimum payments and residual requirements. Because the other writer is a WGA member, the WGA will make the final decision about who is credited and how the credits appear. In my experience, WGA generally favors its own members over non-members, and will give preferred credits to them (you may even find that the other writer ends up with sole "story by" credit). It is likely that, based on the facts you have set out, the other writer would be given both a "story by" and a "screenplay by" credit and may claim the compensation that goes with them.

You may also find it harder to sell your script with a WGA writer attached, because many independent filmmakers are not WGA signatories and would not be able to purchase a script by a WGA writer.

If you want more comprehensive information about contracts and rights, I recently completed a DVD series that goes into detail about these and other matters of concern to writers. It's called What Every Filmmaker Needs to Know About the Law and you can find it on the web or in certain retail outlets.

Read more
Answered on 9/25/09, 7:20 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in California