Legal Question in Entertainment Law in California
stealing my story
An agent approached my friend john about coming up
with a pitch to present to a producer. My friend and I had
collaborated on projects previously, so he called me.
Over the course of a few weeks, we worked on the story
together over the phone until we came up with
something solid. it was agreed upon from the
beginning that if we got the job, we'd write the script
together. The pitch worked, the producer bit. Now John
is trying to push me out. He's signing a contract with the
producer to write it alone. It's OUR story. 50-50. Am I
protected? Can he just by-pass me like that?
6 Answers from Attorneys
Re: stealing my story
You may have some property rights however the problem lies with developing the proof to show your participation in the project.I might try to talk to your partner to resolve the matter amicably, I would also tell him you are possibly going to make the producer aware of the problem,I would also seek capable representation.I can be reached @718-834-0087 to further discuss the matter.
Re: stealing my story
You do have rights in the property. Your friend, however, is liable for breach of a trust, which could lead to punitive damages, as well as actual damages. Maybe if you explain it to him, he will straighten up. Clearly you should mention your position to the producer or production co. representative. You probably can stop the project.
Re: stealing my story
As a recent court opinion said, "writers should not try to be lawyers and lawyers should not try to be writers." You have a classic case of "doing a deal" but not getting a signed contract from your co-writer so now you are left in the position of having to prove a verbal contract. You can prove a verbal contract but it is going to be much more difficult to prove your case when you know the co-writer is going to deny everything you seek to prove. The success or failure of your case may depend upon other witnesses who can verify your facts and/or the times and places where you co-wrote.
Re: stealing my story
you absolutely have rights in copyright and your friend can not simply by-pass you. Feel free to email or call me with further details.
Re: stealing my story
You do have protections under the law, and your partner can not cut you out unless you allow it. Under copyright, you own your work as soon as it is created, but you need to have a copyright registration to go to court and sue. In California, there is additional protection for idea theft under a California statute that provides protection for work NOT fixed in a tangible medium of expression (which copyright requires). (Obviously, because of the movie industry, California law addresses a longer history of disputes such as yours. I am not licensed in New York, so can not comment on whether New York has similar protections.)
I would not attempt to give you legal advice unless you became a client and gave me more specific details about your situation, and no attorney/client relationship should be inferred from this response.
I will say, however, that in general if a producer becomes aware of a dispute over ownership of an idea or script, he/she will take it very seriously and address it. It might be a good idea to make the producer aware of your claim. And, I would strongly suggest you consult with an attorney experienced in entertainment industry transactions.
Re: stealing my story
absolutely not. if your "friend" is trying to steal your portion of participation in this "story" for production, you absolutely have rights that you should fight to protect. please feel free to email my Law Firm directly with additional facts regarding your situation, and we will further assist and/or represent you legally in this matter.
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