Legal Question in Entertainment Law in Italy

Screenplay Collaboration

I have a finished, copyrighted screenplay in the marketplace. A second writer has expressed an interest in 're-working' the screenplay with me, with an eye to marketing another jointly written version. We are drafting a collaboration agreement. What if I should sell the original after signing a collaboration agreement? Would any collaboration affect my ownership and sole rights to the original? Should this be spelled out in the collaboration agreement?


Asked on 3/12/09, 9:54 am

1 Answer from Attorneys

Margaret Nunes da Silva Studio Margaret Nunes da Silva

Re: Screenplay Collaboration

Thanks for your contact. I am sorry for the delay to reply to your inquiry.

I am not sure whether you are asking about the Italian or US Copyright Law. Anyway, the ownership of the original screenplay is yours, as already registered. If you want you can also transfer the ownership. In view of a new jointly written version, I would recommend register it at SIAE (The Italian Copyright Office). In addition, I highly recommend to sign a collaboration agreement mentioned the co-authors, specifying any division of the rights, in order to avoid future problems and discuss on this issue. If you are in Italy, it is advised to register a copy of this agreement at the Notary Public.

For further information, please look at this link and read the following info at the US Copyright website:

http://www.copyright.gov/title17/92chap2.pdf

"Who is an author?

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author. See Circular 9, Work-Made-For-Hire Under the 1976 Copyright Act."

International Copyright:

http://www.copyright.gov/fls/fl100.html

Best of luck for your new screenplay.

Regards,

Margaret

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Answered on 3/19/09, 9:39 pm


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