Legal Question in Intellectual Property in New York

Hi!

I have a question about the writer's rights of adaptation. There is someone who wanted to make a short film from a play I wrote (that has been produced). We agreed that I would write the screenplay, but I never gave her non-exclusive rights. As time came to shoot the film, she changed the script dramatically without consulting me and used my name to also secure funding for the film. Do I have the right to tell her she cannot distribute the film to festivals and competitions?

Thanks for your help!


Asked on 5/13/10, 10:58 am

1 Answer from Attorneys
Kaiser Wahab Wahab & Medenica LLC

One thing you should keep in mind is that as the author of the original play, you should be the holder of the original copyright. As a result, any so called "derivative" work (e.g., a screenplay) must be authorized by you. Absent some formal license, option, or other contractual grant to the author of the screenplay, she cannot exploit that screenplay (i.e., make a commercial film). The first thing you should do if you have not already is register the copyright to the screenplay. A cease and desist letter from an attorney or at least yourself would be the logical next step.

I hope this helps.

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Answered on 5/18/10, 6:14 pm


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