Legal Question in Intellectual Property in Missouri
Who owns the movie?
Copyrights for all written material (outline, histories, etc) for a movie are owned by the writer (applied and paid for).
The ''director'' - who initiated the project but failed to file any copyrights - claims the movie (not finished) is his and threatens suit on anyone who uses the footage to complete the film and market it. No one in the project will work with the director again, so his involvement is impossible if the movie is to be finished. (For the same reason, he can never finish it, either.)
Who owns the footage? Would a suit by the ''director'' be successful? How could such a suit be challenged?
Thank you for your time.
2 Answers from Attorneys
Re: Who owns the movie?
Actually, your assumptions are correct only some of the time. In the absence of either a contract or a clear "employment relationship" between the Director and the producer/production company, then Director's correct, he will probably be deemed the owner of the copyright in the footage.
In most cases, the movie studio or production company hires the Director, so the results and proceeds of the Director's work, are "Works made for hire", and belong to the company producing the film.
Also.. merely filing a copyright registration does not establish conclusively who the owner of the copyright is. If, for example, the writer was an employee, or under a work-for-hire contract, the company/producer would also own the script.
My practice is devoted exclusively to entertainment law. I can probably help you. I've dealt with a number of situations like this.
Ultimately, "money talks"... so it might be possible to buy-out the director's interest. That will most certainly be less costly than a lawsuit.
Feel free to contact me.
Re: Who owns the movie?
Did the director modify or add any of his own material to the script? If so, he may potentially have some joint copyright ownership, depending upon the nature and extent of the modifications.
Also, were there any other elements of the film footage that were not written by the screenwriter (sound recordings, e.g.)?
Lastly, were there any screenwriter, production, or development agreements amongst the parties identifying copyrights?