copyright Should I get my script back?

[sfoster]

Looking for some feedback here.

I agreed to produce one of my scripts as a co-director.
The plan was that I would audition actors and direct the actors, and they would be director for all the visuals, camerawork, mis-en-scene, etc

They started working on the visuals, asked for my opinion, so I started thinking a lot about what the color pallette should be.
Those of you that know me, know that I started Christmas Hellfire with crayon drawings and spent a thousand dollars buying tons of different wigs and fabrics so i could get the precise shades that I want; I think that color palette is super important in films.

ANYWAY

About a week into this project, before any auditioning had taken place, I was inform that the film would be better if they directed the actors themselves; I would no longer be a director and I was demoted to Foley sounds??? wtf.
They also informed me that the project had already left pre-production, even though I was still spending my day thinking about pre-production color palette!

Yes I was spending my energy and focus on pre-production, without being informed that pre-production had ended.
Worst of all... I had finally come up with a color palette that I'm really excited about and love, but the time to discuss it was already over.

That really sucks, I was in a car accident one week ago, I've been dealing with a lot and still trying to get my 9' tall van into a compatable body shop, what a week.

Now I had told them that if we disagree on the visual stuff, they can have final say, I just wanted a voice, but apparently even that was asking too much?
There was no discussion at all about color palette before production started, I feel like my voice got taken away.

I was shut out of the creative process, and the rug was pulled out from under my feet as a director.

Now it's like.. i'm very conflicted. This is my script, and I thought I was going to direct it. I was very excited about directing another movie.

I never agreed to have someone else direct my script, I never agreed to give away my script to another person.
This is a good script and now that I have a color palette I'm excited about I think I might actually want to make it one day in a year or two myself, but they've already put in their time into their own version of my script and started the project already so I feel a little bad asking for my script back, even though honestly I feel very disrespected to be demoted to Foley and wasted days thinking about color palettes for no reason. Like my time is worth nothing.

What do you guys think I should do about my script?

 

[AcousticAl]

Tricky situation. The first question I have: do you have any of this in writing? Any documented arrangement?

While a verbal agreement is, in most cases, still considered a binding contract, it can be harder to prove and to enforce. But written contracts give you some standing, depending on what’s in the document. It’s also not uncommon for directors to get fired from films that are already in progress, but again, I’d look to contractual agreement (if any).

Also, have you gotten paid for your script? Were payment terms ever agreed to? I would have no problem, personally, pulling the plug on the project and getting my script back, provided I had the standing to do so and had not been compensated for its use. There’s no reason to feel bad for wanting to get it back; either they keep you on as agreed, or they buy you out.

As a side note: “demoted” to Foley sounds? Gotta be honest here: this does not sound like a professional production group if they just randomly assign Foley to someone, rather than budgeting for a proper post sound team.

 

[sfoster]

Also, have you gotten paid for your script? Were payment terms ever agreed to? I would have no problem, personally, pulling the plug on the project and getting my script back, provided I had the standing to do so and had not been compensated for its use. There’s no reason to feel bad for wanting to get it back; either they keep you on as agreed, or they buy you out.

As a side note: “demoted” to Foley sounds? Gotta be honest here: this does not sound like a professional production group if they just randomly assign Foley to someone, rather than budgeting for a proper post sound team.

It's an indie project - not a professional production group.
There was no payment and nothing was ever signed. I explained in writing that my "payment" was directing the actors and that it had been taken away and now I was no longer being paid.

 

[indietalk]

As a side note: “demoted” to Foley sounds? Gotta be honest here: this does not sound like a professional production group if they just randomly assign Foley to someone, rather than budgeting for a proper post sound team.

That was designed so he would leave altogether.

My side note is: THIS is the movie. This story right here in the post is the script. But a Hollywood director known for bad films, he must be attached to the script as the director. He wrote a killer script. The producer has something sinister in mind after hiring him as a package. I would go see this! Write it!

 

[sfoster]

That was designed so he would leave altogether.

My side note is: THIS is the movie. This story right here in the post is the script. But a Hollywood director known for bad films, he must be attached to the script as the director. He wrote a killer script. The producer has something sinister in mind after hiring him as a package. I would go see this! Write it!

That would be hilarious for an established director with a huge ego to be demoted to Foley and self destruct at the disrespect

 

[indietalk]

 

[CelticRambler]

As above: was any of this set out in writing? It sounds like you and your supposed co-director have completely different ideas about how this project should proceed, with the other party being in a great hurry to get "stuff" done. Obviously in any situation where "stuff" is being done fast, compromises and sacrifices have to be made, and it seems like the other party has decided unilaterally what's to stay and what's being cut. Not a good working relationship.

At this stage, I think your only choice really is whether you want to see your script made into a movie with your name somewhere in the credits. You could pull the script and find out in a couple of months they re-wrote it just enough to claim it as their own. Then again, based on what's gone on up to now, if you stick with the project, they might re-write chunks of it anyway and ignore anything you have to say.

Probably the only thing you can realistically do now is try to re-negotiate the T&Cs of your own participation - maybe with the threat of pulling the script - and get a new agreement in writing. If the other party is in a hurry, the threat of holding up production for weeks or months on the back of a legal dispute (that everyone else on the project gets to hear about ... ) might be enough to help you regain some lost ground.

 

[sfoster]

At this stage, I think your only choice really is whether you want to see your script made into a movie with your name somewhere in the credits.

Very astute, this is what it really comes down to, and ultimately I don't give a shit about having a short youtube film with my name attached to it. Even less so if I feel like it should have a fundamentally different aesthetic.
I've said this before and I'll say it again, it's about the PROCESS for me.

I think this is a film I'd like to direct, and if someone else directs it all instead, that process is taken from me without any compensation.

That was designed so he would leave altogether.

It does feel like I was hoodwinked and swindled out of my script
Edit to say: I don't think it was a devious plan I think it just kinda happened as an inevitable consequence of their 'control freak' personality. Some people simply don't cooperate well with others, which is a real shame since cooperation is basically the number one personality variable for being successful in life.

 

[directorik]

With nothing in writing you can take your script back.

I fear that with nothing in writing they can make the film without
your permission. You know this person: if you revoke permission
to film your script what do you think they will do?

Just stuff to think about. I think you should take your script back.

 

[sfoster]

I fear that with nothing in writing they can make the film without your permission.

This is interesting.
I remember when the script leaked for Tarantino's The Hateful Eight.

Surely you're not saying that since there is nothing in writing between me and Tarantino I would have been able to make his script into a movie without permission? Well I suppose there's nothing stopping anyone from MAKING a movie, the rights are about selling or distributing.

As for what they would do, that I cannot say. I would expect an angry response and angry people are unpredictable

 

[indietalk]

Reminds me a bit of when Dave Grohl replaced his drummer's tracks with his own drumming because he forgot he was in "a band" and his mentality was "I can do this better." He called the dude up and was like hey, I was in the studio and replaced your tracks. The dude thought it was a joke. Dave later regretted it. Not exactly the same here, but, this is a selfish a$$hole move. Take it back.

 

[sfoster]

Reminds me a bit of when Dave Grohl replaced his drummer's tracks with his own drumming because he forgot he was in "a band" and his mentality was "I can do this better." He called the dude up and was like hey, I was in the studio and replaced your tracks. The dude thought it was a joke. Dave later regretted it. Not exactly the same here, but, this is a selfish a$$hole move. Take it back.

Thanks I never heard that story about Dave before.

I'm sure there are thousands of people that can direct better than me... does that mean I should never get a chance to direct?
Of course not! How would I ever get better? I still deserve opportunities to grow, even if other people ARE more talented than me, it's still my script.

I like what you're saying here.

 

[indietalk]

William Goldsmith, original drummer. He quit when he learned it was not a joke.

 

[indietalk]

 

[CelticRambler]

ultimately I don't give a shit about having a short youtube film with my name attached to it. Even less so if I feel like it should have a fundamentally different aesthetic.
I've said this before and I'll say it again, it's about the PROCESS for me.

I think this is a film I'd like to direct, and if someone else directs it all instead, that process is taken from me without any compensation.

Then your choice becomes either
(a) pull the script with a written declaration that you no longer consent to its use in the production and see what they do. Possible outcomes : they shoot it anyway and say "sue me"; they offer to pay you for it to avoid any hassle/wasting time; or they re-write it (kinda-sorta) and hope you're too distracted with all the other stuff to come after them ;
or
(b) do nothing right now, let them shoot it as they want, see how the finished product compares to your script and your vision, and if you think you can do better, then direct a new version yourself when the circumstances are right. Chances are a lot of water will have passed under a lot of bridges by then and no-one will care either way.

 

[indietalk]

Nah. Not B. When there's a "dick move" (I believe that's the official term) you make sure you leave with what you came with. Don't let them pull that and get away with it. Doesn't matter how the film would end it. Principle.

 

[sfoster]

Yeah I'm just gonna direct and produce it myself. I sent the message. thanks guys.

 

[directorik]

Surely you're not saying that since there is nothing in writing between me and Tarantino I would have been able to make his script into a movie without permission?

I'm not saying that. And don't call me... Yeah,that joke doesn't play
well written.

What would stop you from making Hateful Eight from the leaked script
is the power of copyright law enforcement.

Assuming you have filed the copyright you COULD sue them. Yes,
copyright is automatic but without the registration the battle is harder.
Can you afford to sue them to either stop the production or stop them
from posting it on YouTube?

With nothing in writing you might not even win in court.

But this is not about a copyright battle in court. That is why I said what
I said. The Hateful Eight situation is not relevant here. This is personal
to you. This is a script you want to make; your way. And with nothing in
writing you can refuse to let them make the movie.

EDIT: beat me to it by a couple of seconds...

 

[CelticRambler]

Nah. Not B. When there's a "dick move" (I believe that's the official term) you make sure you leave what you came with. Don't let them pull that and get away with it. Doesn't matter how the film would end it. Principle.

Hey - I'm as vengeful and vindictive as the next guy ... but it's still an option, and age/experience has taught me that sometimes it's better to forfeit coz the dick's gonna get away with it no matter how hard you try to stop it moving.

 

[indietalk]

Nothing is vengeful about keeping what is yours.