How Not To Be A Stupid Filmmaker: Writers

WRITERS are where it all starts.

Word! It all begins with the word: The Script.

The writer of any script owns the script. And, of course, he or she has the right to sell his script to a filmmaker so it can be made into a movie. It’s essential to legally contract for the script from the writer. The contract should clearly spell out what rights the filmmaker is getting from the writer and for how long. It should also define how any compensation would work.

The filmmaker must get those rights in writing before starting any project based on that script. If it’s an original script from a friend or associate, or even a family member, it should be pretty straightforward. Where it gets sticky is if the filmmaker is buying a script that was based on some other source, such as a short story or any other published material. The filmmaker needs to follow the chain of creation and make sure he/she has permission from each entity involved in that creation. If it is material from another source, the filmmaker may need to get the writer’s and the publisher’s permission. Sometimes filmmakers get support or funding from outside sources like a foundation or a commercial sponsor. It should be clear in the agreements with those outside sources exactly what rights the filmmaker has and how those rights may be sold or licensed, as often they may have a say in what can be done with the finished product.

Buyers will want to see the whole chain of title regarding the rights to the script that's been filmed. Oftentimes, the filmmaker is the writer, too. So if you’re filming your own story/script, you need to make a contract with yourself giving you or the company you’re operating under the permission to turn your own words into a film.

It’s a good idea to register your script with the Copyright Office and get a copyright number from them. Some writers also think it’s necessary to register a script with the Writers Guild of America East or West. A writer friend of mine was doing that one day with one of his new-hot-off-the-press scripts and the representative taking his registration fee asked if he had any children and suggested that the money he was about to pay them would be better spent on new shoes for his kids. In reality, the inherent copyright protection is in place the minute you finish your script. Some even suggest just sending oneself a copy of the work and making sure the date stamp from the Post Office is clear. Just be sure that the seal on the envelope doesn't get broken!

Once the film is finished and in the can, then it’s time to send a DVD copy of it to the Copyright Office and get a copyright registration for the finished film, not just the script. Many buyers require a copy of the form once you get the registration number, which can take weeks or months. Doing this will protect the script and the film itself.

Not only does everything start with the Word, it also ends with the Word ... on paper ... signed, sealed and delivered.