Story Rights
Writers Guild of America
Story Rights
U.S. Copyright Office
--> http://www.copyright.gov/ |
WGA | Writers Guild of America
--> http://www.wga.org/ |
The definitions that follow are from the WGA Basic Agreement.
Literary Material
The term "literary material" shall be deemed to include stories, adaptations, treatments, original treatments, scenarios, continuities, teleplays, screenplays, dialogue, scripts, sketches, plots outlines, narrative synopses, routines, and narrations, and, for use in the production of television film, formats.
Public Domain
The term "public domain" refers to literary material which is not subject to copyright.
Professional Writer
The term "professional writer" means a person who... sells, licenses or options to a Company the ownership of or rights to use literary material written by such writer, for use in the production of a motion picture, which literary material has not prior to such sale or option been published or exploited in any manner or my any medium whatever, and who at such time:1. prior employment for 13 weeks
2. prior on screen credit -- television or theatrical motion picture
3. prior on screen credit -- television
4. prior radio scripts
5. prior credit for professionally produced play on the legitimate stage,
or one (1) published novel
-- See details in the WGA Basic Agreement
JL Comment
Story Rights / Story Author / On Screen "Story by" CreditIn the event that a professional writer writes it -- it is deemed to be literary material. Thus, that literary material is subject to a literary purchase agreement with a WGA Signatory Company that is governed by the WGA Basic Agreement.
Further, a story author / writer and a WGA Signatory Company can simply stipulate in a written agreement document that for all purposes the story author shall be considered to be, and shall be treated as, "a professional writer," and that his work shall be considered to be "literary material" as defined by the WGA Basic Agreement.
All this is in an effort to assure that a story author is entitled to an on screen "Story by" credit, separation of rights, and other rights and benefits.
You know what else helps? A Writer Employment Agreement. It helps a lot to be the "first employed writer" on a movie project. As I understand it, if a professional writer enters into a "literary purchase agreement" for his original story, treatment or screenplay, then that writer is entitled to be the "first employed writer" on a movie project under a WGA governed "Writer Employment Agreement."
You know what else helps? Being hired again under a WGA governed "Writer Employment Agreement" to write another screenplay draft.
You know what else helps? Being hired again under a WGA governed "Writer Employment Agreement" to write another screenplay draft -- as part of a co-writing team in collaboration with another screenplay writer.
Other screenplay writers may seek to be employed to re-write prior screenplay drafts on your movie project. They'll want to re-write the story and screenplay to such an extent that they will be entitled to sole "Screenplay by" credit -- and that may possibly lead to loss of on screen "Story by" credit for the initial, original story author if a WGA credit arbitration panel decides on screen credit that way.
So, what can be done to increase the likelihood that the original story author will get an on screen "Story by" credit?
One approach starts with a professional writer's initial "Literary Purchase Agreement." At that moment, that professional writer is the sole author of "an original work of authorship" -- and he is sole copyright claimant / owner of a work that hopefully has been registered with the U.S. Copyright Office. It's best if a story author has registered his work with the U.S. Copyright Office -- prior to "pitching" his story for the first time to anyone. In fact, U.S. Copyright registration is the first protection of story rights that a story author ought to secure. It is the U.S. Copyright Office registration number that will later be listed in the background facts set forth in a "Literary Purchase Agreement." That's where the "chain of title" begins -- U.S. Copyright registration.
As copyright owner of that work, that professional writer has the exclusive right to make or authorize "a derivative work."
A Derivative WorkSo, if a WGA Signatory Company -- like a movie studio -- is seeking to make a motion picture version of his story, then at that moment that story author can seek provisions in a "Writer Employment Agreement" that include that he is entitled to be the "first employed writer" on the project, and even provisions that he will later be employed as part of a "Co-Writiing Team" with another screenplay writer, and then another.
New versions of the Work
Treatment versions of the Work
Screenplay versions of the Work
A Motion Picture version of the WorkIf he / you are employed to write, that formalizes the fact that you will make creative contributions to new versions of the work. Creative contributions to the work entitle you to seek your fair share of on screen writing credit. No writer Employment agreement -- you have no position to make further contributions to the new versions. Seek a "Writer Employment Agreement" on all new version of the work.
If the WGA Signatory Company is not willing to offer or agree to those provisions -- the story author can reject the offer. There may be another WGA Signatory Company interested in going ahead with a motion picture project based on your story. Take it to those guys. If the terms of an agreement are acceptable to you -- accept the offer. If the provisions are not acceptable -- reject the offer. That's it.
My advice -- write all this up and provide copies, along with a written copy of the story and copyright notice on the cover page, to those WGA Signatory Company executives who set a first meeting with you. Get it all out on the table so they know what you are seeking right off the bat.
Submit the written story -- first meeting. Not just a pitch meeting. Make a formal written submission with a cover letter and a copy of your original story, your original work of authorship, backed by a U.S. Copyright Office registration. Ah, a paper trail. A paper trail can really help protect your story rights. Talk and good will and verbal assurances do not cut it. Put it in writing. Get it in writing. Get it all in writing, every step of the way.
Hey, we just did write it all up. You are reading it right now. Here it all is.
Remember, all this is in an effort to assure that a story author is entitled to an on screen "Story by" credit, separation of rights, and other rights and benefits.
Think about this:
George Lucas is the story author of "Star Wars" (1977).
Story
The term "story" means literary or dramatic material indicating the characterization of the principal characters and containing sequences and action suitable for use in, or representing a substantial contribution to, a final script.
Story
The term "story" ...means all writing representing a contribution distinct from screenplay and consisting of basic narrative, idea, theme or outline indicating character development and action -- as used throughout Schedule A of the WGA Basic Agreement, the on screen credits provisions.
Source Material
The term "source material" means all material upon which the screenplay is based other than story as hereinabove defined, including other material on which the story is based.
Story Authorship
On Screen "Story By" Credit
Credit shall be given on the screen for story authorship of feature length motion pictures to the extent and in the forms provided in the following...a. When the screenplay is based on a story and upon no other source material, screen credit for story authorship shall be given the screen writer (the story author), and shall be worded, "Story by,"
-- if the story was written under employment of the Company or
-- is an unpublished and unexploited story purchased from a professional writer.b. ...when the screenplay is based upon source material whose acquisition is not covered by this Basic Agreement, screen credit for story authorship shall not be given in the form of "Story by" but may be given by the Company to the source material author and may be worded "From a Story by" or "Based on a story by" or other appropriate wording indicating the form in which it is acquired.
c. Screen Story by...
Original Treatment
The term "original treatment" means an original story written for motion picture purposes in a form suitable for use as the basis of a screenplay.
Treatment
The term "treatment" means an adaptation of a story, book, play or other literary, dramatic or dramatico-musical material for motion picture purposes in a form suitable for use as the basis of a screenplay.
Screenplay
The term "screenplay" means the final script with individual scenes, full dialogue and camera setups.
Merchandising Rights
... any object or thing first described in literary material material by the writer pursuant to an employment agreement subject to the Basic Agreement, or acquired from a professional writer; provided such object or thing is fully described in such literary material and by such description appears to be unique and original. Merchandising Rights include the right of publication in publications of the generic type described as "photo novels" or photo albums."Note: typically a writer shall have mo merchandising rights. The Company pays 5% of absolute gross.
Separation of RightsInitial Qualification
The Company agrees that if a writer, while in the employ of the Company, writers an original story (or original story and screenplay), including a complete and developed and character development the writer shall be initially qualified for separation of rights...Company also agrees that it it purchases from a professional writer such story (or story and screenplay) written by such person, such person shall be initially qualified for separation of rights...
Final Qualification
The Company agrees that if it is determined... that the writer of the story (or story and screenplay), initially qualified for separation of rights... is entitled to receive "Story by" or "Written by" or "Screen Story" by credit, that writer shall be entitled to separation of rights.a. Publishing Rights -- copyright issues
b. Dramatic Rights -- copyright issues
-- See details in the WGA Basic Agreement
Separable Material
Those portions or element of the story (or story and screenplay) which are the original creation of such writer or writers.
-- copyright issues
-- See details in the WGA Basic Agreement | WGA MBA to 2007 |
JOHN
LONGENECKER
