Legal Question in Entertainment Law in Maryland

Re: Writer's Agreement

You absolutely need to have a written agreement. Copyright rights can only be licensed or assigned in writing. First, I would file a copyright registration for the script with the Library of Congress. Because your script is still in text version, you should use form TX (movies and a/v works use another form).

After registeration, the motion picuter developer may want you to assign them all rights to the script, or it may only want a license. The question of who owns the script is negotiable. The best way to keep your rights is to state in the written agreement that "you own all copyright and other intellectual property rights to the script in all media whether now known or hereinafter invented, by all means, methods, and processes whether now known or hereinafter invented, including complete and entire interactive rights and rights to derivative works, and that you are licensing the contents of the script only for the use in developing a motion picture". Any other uses such as DVDs, internet streaming, making derivative works would require a new agreement, and they would probably have to pay you additional royalties.

If there is no written agreeemnt, then you clearly own the copyrights to the script.

You do have the right to be compensated if the script is picked up. You should note that the price for a total assignment of copyrights is much greater, than a license. Since you may be getting royalties, you should be sure to ask for audit rights, and a warranty that the motion picture developer will not change its sytem of accounting for the sole or primary purpose of reducing your royalties. If you get royalties, make sure they are gross and not net.

If the script is not picked up, then make sure you have the right to shop the script to other motion picture developers. I would have every motion picute developer that you give the script to sign a non-disclosure Agreeemnt preventing them from using the expression of your ideas or your ideas, without a signed writer's agreement.

Thank you very much for your question. If you have any additional comments or concerns, you have my contact information. I hope all goes well with the script.

Sincerely,

Steve Rinaldi