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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.
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However, collaboration agreements are useful because disputes are inevitable (and necessary) even when the co-writers are old friends.
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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.