Is this legal?

[Deepspirit]

A couple of months back, I sold a spec-script to a Canadian production company. Then I got a bit over enthusiastic and sent them another one as I had the names and emails of the persons in-charge. This time, they rejected it (politely ) but yesterday I got a mail from them -

They want me to read and edit the scripts they acquire. Sometimes, I may have to make massive changes and re-write until someone out there is pleased . My name won't appear as the writer. I will just get money for each script I edit and re-write.

Is this a legal thing? I'm in India so I don't have a chance to meet the people of the studio. I have no way to find out who the actual writer is. Just re-write till they are happy and get the money. Oh, and they will send a contract letter for each project mentioning the money, the deadline and such details. Is this some kind of outsourcing job?

Regards,
Deepspirit.

[padnar]

I think so, because this is the way Roy Aberdeen my friend
has got his assignments.If you are interested you can contact him in Zoetrope.
padma

[aceinc1]

they are supposed to make you sign some forms related to revenue department fo their home country.

and Congrats on landing the deals.

regards,
Ace.Inc1

[Deepspirit]

Thanks Padnar and ace. Yes, they've said that I'll need to sign various forms and such before the projects start.

Regards,
Deepspirit.

[nmstevens]

Originally Posted by Deepspirit

A couple of months back, I sold a spec-script to a Canadian production company. Then I got a bit over enthusiastic and sent them another one as I had the names and emails of the persons in-charge. This time, they rejected it (politely ) but yesterday I got a mail from them -

They want me to read and edit the scripts they acquire. Sometimes, I may have to make massive changes and re-write until someone out there is pleased . My name won't appear as the writer. I will just get money for each script I edit and re-write.

Is this a legal thing? I'm in India so I don't have a chance to meet the people of the studio. I have no way to find out who the actual writer is. Just re-write till they are happy and get the money. Oh, and they will send a contract letter for each project mentioning the money, the deadline and such details. Is this some kind of outsourcing job?

Regards,
Deepspirit.

The question is one of contract law. If the company is a signatory of the Canadian equivalent of the Writer's Guild, then they can't do that *contractually* -- because of their agreement with the guild.

If they're non-guild, then they would only be bound with the individual agreements they have with the particular writers from whom they buy or option the scripts -- and with their agreement with you, up to and including agreements in respect to who gets credit.

But I can tell you, frankly, that even in the U.S., on Guild projects, where all matters of credit determination are supposed to be controlled by the Guild, that producers will frequently bring in writers to do rewrites on projects and there will be an off-the-books agreement that the re-write, no matter how extensive, will be strictly for money and involve no credit.

That is, when the producers, as required by the guild, pass around a document with their produced "final credit determination" to all the writers saying how they want the final credits to read -- the writer, whose name isn't listed, won't dispute it.

Same thing with American writers doing rewrites on Canadian guild projects where you have to have a minimum amount of "Canadian content" (often as defined by final credit) -- they'll take the money and agree not to have credit, even if the final product is mostly their work.

So -- if the money works for you and you don't mind not having credit -- write away.

NMS

[ricetalks]

Peoeple re-write other writers' material all of the time for hire. It's legal, inthe strictest sense. Where it gets murky, and this has really nothing to do with any action on your part, is that the government funding agencies in Canada grant money for home-grown projects on the basis of "Canadian Content" rules. There are a total of 10 point you can acquire in regards to Canadian Content. A Canadian director, a Canadian writer, a Canadian crew and location (being shot in Canada), and a Canadian cast are all worth points towards being scored as "Canadian Content" when the porduction company is applying to Telefilm Canada or The Ontario Media Development Corporation (if the production is based in Ontario) for funding.

Of course, not being Canadian you don't really qualify and, therefore, the production company will pay you but doesn't want to attach your name to it because it would affect their "Canadian Content" points.

There is a set schedule for development money in Canada from these agencies, namely Telefilm Canada, which tops out at $75,000.00 for the script and re-writes. All of these details are available on line from the Canadian Film Development Agency, more commonly known as Telefim Canada. There you will find the set schedule for payment of treatments, first draft, second drafts and re-writes.

What I would be suspicious of is someone in Canada who has access to Telefilm Canada's funding and is submitting under his or her own name, giving you 1/2 of the scheduled money and then taking the other 1/2.


You can check this easily by looking at the Telefilm Canada's website and see how much their rates are for re-writes and then compare it to what you are being paid.

To qualify, the company must be Canadian owned and icontrolled and ts head office must be in Canada.

[Deepspirit]

Thanks a lot, NMS and ricetalks, for all the valuable info.