Each co-writer can independently and without consent from the other co-writers 1) exploit the copyright of the script, 2) license the script and 3) transfer his or her ownership rights in the script to another person. Joint ownership of a copyright has the potential to cause problems. Each writer has an equal share of the copyright, meaning he or she has the same rights as all the other co-writers with respect to the script. When this happens, the law gives each writer what is called “joint ownership” in the copyright of the script. A well-crafted collaboration agreement anticipates problems and allows the co-writers to avoid ugly misunderstandings.Įxactly when and how do collaborators become joint authors for copyright purposes? A “joint work” is a work prepared by two or more authors with the intention that each author’s contribution will combine to form a unified end product (the script). And the copyright law does not always coincide with how authors view their collaborative relationships. However, collaboration agreements are useful because disputes are inevitable (and necessary) even when the co-writers are old friends. Why? Because when you create something inspired by or based on another person’s copyrighted work, you are making what is called a “derivative work” – which is one of the exclusive rights granted to copyright owners.Ĭo-writing a script usually does not result in legal problems. If your script is not “original,” but is inspired by or based on another person’s copyrighted work (e.g., a poem, novel, short story, movie, etc.), you will most likely need to obtain the copyright owner’s permission. Even if you use a line editor to help you edit the script once you have written it, it’s still your content. By “original script” we mean physically writing – using paper, electronic media, or other means or devices – an idea you came up with on your own. Writing your own original script tends to avoid some copyright law issues that arise when you co-author a script or when you hire someone else to write a script. Below, we focus on the first three options. There are four ways to obtain a script: 1) you can write it yourself, 2) you can co-write it with one or more people, 3) you can hire someone else to write it or (4) you can buy it.
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Finally, we explain how to protect your work with the Copyright Office and the Writers Guild. For documentary filmmakers, we’ve included a discussion of the ominous clearance culture. This section addresses many topics including the various ways to obtain a script, an overview of the permission process, public domain, fair use and parody.