GregtheWriter
04-12-2006, 11:07 PM
Hello -
I saw a back-and-forth on this forum from two years ago, but didn't quite get a direct answer for my specific question... thus a quick(ish) background:
I am a writer, but never wrote a screenplay before. When I was laid off in 2001, I spent the year writing what turned out to be a decent little screenplay. A year later, I noticed a posting on craigslist for screenplays and decided why not. I got a call from a small producer who liked it, offering me some money to option, more if bought and made, more if eventually sold. I was hesitant to take the deal, but after showing it around to some execs in the business through a connection, I was basically told "take the deal with the indie -- it's not sellable" -- I think this guy liked it because it was low-budget and high concept. Anyway, after two years of re-writes, including a complete change to the story thanks to a script doctor he paid for (who made me realize why it wouldn't have sold the first time around and that I got lucky with this guy who believed in it), it was pretty much ready to go. I registered it at WGA in March of 2005 and in October they shot it, with a couple of B TV actors.
Flash to now, where the director sends an email to me and one of the producer's writer friends, telling us that they are sending out the Tentative Writing Credits, and we are sharing the Written By. I'm furious, because this guy did almost nothing, he basically cleaned up my re-write on the set. I call WGA to find out about protesting, etc, but they say the company is non-signatory. So why send out Tent Writing Credits? She says she doesn't know, maybe they want to have the paperwork for later in case they do.
Finally, my question: I am a non-Guild writer, who sold a screenplay to a non-sig company, who then shot the film and is ready to start entering it into festivals and try to find a sale or distribution... what is to stop them giving me whatever credit they want? Can they give ANYONE writing credit if they want, since they are under no jurisdiction? Do I have legal rights to sue for my name to even be in there at all? Obviously if I have no legal right here I'd have to settle for Written by X and Y, which they are proposing (so I still get half credit), but if this was signatory WGA would defintiely arbitrate for me. My original contract for purchase of the screenplay is filed away safely in case that can help, but with no Basic Agreement behind me, who cares?
p.s. Please, I don't need to hear about how you shouldn't deal with non-sigs for this reason, and that I should have protected myself with an agent or lawyer, etc etc... It was $6K and another $6K if sold plus 5% -- which is a decent deal for something collecting dust on my shelf -- and in the end I am not necessarily trying for a career in this... but I do want what I deserve and the chance for success, and do not want to be screwed if I can avoid it by law, etc.
THANKS
I saw a back-and-forth on this forum from two years ago, but didn't quite get a direct answer for my specific question... thus a quick(ish) background:
I am a writer, but never wrote a screenplay before. When I was laid off in 2001, I spent the year writing what turned out to be a decent little screenplay. A year later, I noticed a posting on craigslist for screenplays and decided why not. I got a call from a small producer who liked it, offering me some money to option, more if bought and made, more if eventually sold. I was hesitant to take the deal, but after showing it around to some execs in the business through a connection, I was basically told "take the deal with the indie -- it's not sellable" -- I think this guy liked it because it was low-budget and high concept. Anyway, after two years of re-writes, including a complete change to the story thanks to a script doctor he paid for (who made me realize why it wouldn't have sold the first time around and that I got lucky with this guy who believed in it), it was pretty much ready to go. I registered it at WGA in March of 2005 and in October they shot it, with a couple of B TV actors.
Flash to now, where the director sends an email to me and one of the producer's writer friends, telling us that they are sending out the Tentative Writing Credits, and we are sharing the Written By. I'm furious, because this guy did almost nothing, he basically cleaned up my re-write on the set. I call WGA to find out about protesting, etc, but they say the company is non-signatory. So why send out Tent Writing Credits? She says she doesn't know, maybe they want to have the paperwork for later in case they do.
Finally, my question: I am a non-Guild writer, who sold a screenplay to a non-sig company, who then shot the film and is ready to start entering it into festivals and try to find a sale or distribution... what is to stop them giving me whatever credit they want? Can they give ANYONE writing credit if they want, since they are under no jurisdiction? Do I have legal rights to sue for my name to even be in there at all? Obviously if I have no legal right here I'd have to settle for Written by X and Y, which they are proposing (so I still get half credit), but if this was signatory WGA would defintiely arbitrate for me. My original contract for purchase of the screenplay is filed away safely in case that can help, but with no Basic Agreement behind me, who cares?
p.s. Please, I don't need to hear about how you shouldn't deal with non-sigs for this reason, and that I should have protected myself with an agent or lawyer, etc etc... It was $6K and another $6K if sold plus 5% -- which is a decent deal for something collecting dust on my shelf -- and in the end I am not necessarily trying for a career in this... but I do want what I deserve and the chance for success, and do not want to be screwed if I can avoid it by law, etc.
THANKS