Legal Question in Intellectual Property in California

Producer optioned copywrited material for motion picture. Producer has rewritten a third of the motion picture screenplay during that option period. Option expires October 7. Sent a reminder to said producer that the option will soon expire. Producer called and announced that he will be producing a screenplay based on his changes. I reminded him that he cannot use any of my intellectual property including, characters, scenarios, and any other material that I have protected. My question: Who owns any changes made to the optioned material? And how do I protect myself from borrowing any of my material that he feels that he needs? Thank you.


Asked on 9/07/10, 8:29 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Based on your Zip code, I'd suggest you look up an attorney named Joe Wiseman (if memory serves) who does or did teach intellectual property at Empire College School of Law in Santa Rosa. It was 11 years ago that I took a class from him and I believe he is probaly the best in this particular specialty in our geographical area. You are at a point where you need representation, not general advice from a bulletin board.

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Answered on 9/12/10, 12:58 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Need to take a look at the option agreement.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/12/10, 10:26 pm


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