Certificate of Auth

[GregtheWriter]

The production company sent me a Certificate of Authorship -- AFTER ALREADY SHOOTING THE FILM!

The issue is that the original person I sold to had a falling out with the director, and now the director has taken over and wants to finish the film. But the contract they sent me does not have the 3% of profit in it, and it basically says that I am handing over the rights.

Now, if I'm mistaken let me know, but don't I have these guys by the you know whats? I mean, they put all this money into the film, finished it, and because they are switching producers they don't have the rights to my screenplay! Or do they still maintain the rights somehow? Maybe the other guy is handing over the original contract...

Another wrinkle is that the thing was re-written so much, the new production company assumed my original work was no longer relevant. But what they didn't know (no communication with old producer) is that the re-write was also done by ME. So the script the other guy bought is not that much like the one they filmed -- and I think they were counting on that to keep me from holding out for more. I won't hold out for more, but I will hold out for my 3%... that's my original deal.

My question in the end is: what happens if I threaten to never sign the Cert of Auth they sent me? I am guessing they thought they could say the new screenplay was so different that didn't matter, but I told you why that does...

THANKS

[GregtheWriter]

Just an addition -- they assumed that the guy who did some minor re-writes had done the massive overhaul that I did... with no communication, that's why they assumed all I wrote was the original

[dpaterso]

I don't know what you have. What contract did you sign? This was likely to be with the company rather than the producer you were dealing with, yes? If not, it sounds as if you need to talk to someone and explain the situation to them, spelling out what you agreed to and what you expect to get out of this as the original author (who also fulfilled his rewrite obligations and has ownership/copyright on all versions).

Then again, isn't Certificate of Authorship an acknowledgement of this? Or does this paper invite you to acknowedge that they own the property?

-Derek
My Web Page - naked women, bestial sex, and whopping big lies. (http://hometown.aol.co.uk/DPaterson57)
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

[GregtheWriter]

The paperwork is inviting me to give producer full control. I am becoming a "work-for-hire", even though I wrote the screenplay before selling it.

The contract I signed was a one year option to purchase that we executed before it expired.

[dpaterso]

Sure sounds interesting. Okay, so you optioned the script, which means you promise not to shop it to anyone else for the agreed period.

But if they want to make the film, they have to buy the script. They evidently haven't done this, so yes, you technically have them by the you-know-whats, especially if they have already invested resource and want to complete and release this film to recoup their investment.

Maybe it's time you consulted an entertainment lawyer. I sure wouldn't sign anything else until then. But I'm guessing you've already figured this out for yourself!

Sorry I can't be more specific. Hopefully others will correct me if I'm in any way wrong.

-Derek
My Web Page - naked women, bestial sex, and whopping big lies. (http://hometown.aol.co.uk/DPaterson57)
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

[Maryn]

Amen to that. The internet crowd, even the more knowledgeable people with the best intentions, is not the place to get legal advice. Get thee to an attorney with entertainment contract experience, posthaste. No, it will not be free. Yes, payment arrangement are possible.

Maryn, who wishes you'd seen an attorney in the first place

[dpaterso]

I think it was always going to boil down to "see a lawyer," but no harm in asking for a friendly sanity check first. :)

-Derek
My Web Page - naked women, bestial sex, and whopping big lies. (http://hometown.aol.co.uk/DPaterson57)
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

[broughcut]

The contract I signed was a one year option to purchase that we executed before it expired.

so you've already been paid the purchase price?

[GregtheWriter]

I was paid the purchase price, but not the extra I'd get if sold...

what I think happened was that the original producer ran out of money, and instead of the other people chipping in with more to invest into him so he can finish it, they want to see if I would sign over the screenplay rights to them, so they can finish it with some loophole that they now have the rights to the script, the money, etc. I said no, I already have a contract with the other guy. If they want to invest more money so their original dollars arent wasted, fine, but they are stealing my screenplay and voiding my original contract, which had 3.5% of proceeds in it.

[broughcut]

Forgive me if I've misinterpreted this thread, but it must have been a hokey option for them not to already own the rights.

Exercise of option and payment of the purchase price should constitute the transfer of rights per the purchase agreement.

Wasn't there a purchase agreement and a short-form assignment with the option? The latter is filed with the copyright office once the option is exercised, giving notice of the copyright transfer. Both of these documents would normally have been signed at the same time as the initial option agreement, since the purchase agreement is what is being "exercised".

I am not a lawyer but as you point out above the Certificate of Authorship concerns works for hire (which would include paid rewrites)... I think it is the direct equivalent of a short-form assignment for works-for-hire.

If the option has been exercised and the purchase price (also called the exercise price) has been paid, then the underlying copyright to your original script should already have been transferred. In which case, if they do produce this film and refuse to pay you the bonus based on budget, they may be in breach of contract but I don't think that voids the copyright license... These are two separate things....
.
They may be "stealing" your rewrites, but it's hard to see how they can steal a script after already paying you the purchase price. Unless by purchase price you mean option fees? Sorry if I missed something obvious above, I'm a little confused by this scenario.