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copyright Should I get my script back?

sfoster

Staff Member
Moderator
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?
 
Solution
Update: I got an ideal response back and I'm going to direct the actors again.
This was a combination of us having different priorities, and a misunderstanding of how important directing is to me.

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...
I don't understand how you can go from writer with possible chance to direct to sound mixer/foley. What type of production is this? A jack of all trades project? Going from writer to foley is like a UPM suddenly deciding to gaff, or a cleat designer expected to play tight end. These are colliding worlds that have no business with each other or they will do just that--collide.

I'm assuming it's a low/no-budget. And since you have no contracts, take it back. They do not have any permission to do anything with your work. You can't just make someone else's work without permission. And if they do, depending on your relationship, that is either a friendship ending or partner ending decision.
 
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Update: I got an ideal response back and I'm going to direct the actors again.
This was a combination of us having different priorities, and a misunderstanding of how important directing is to me.

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...

Some of it wasn't entirely relevant to this situation, but it's still industry information and I was curious to learn. Thanks Rik.
 
Solution
Update: I got an ideal response back and I'm going to direct the actors again.
This was a combination of us having different priorities, and a misunderstanding of how important directing is to me.

Glad things worked out. Just for the future:

It's an indie project - not a professional production group.
There was no payment and nothing was ever signed.

“Indie” is a very broad term. I’ve worked on indie futures that had real budgets, professional crew, were privately financed, and played close to union rules (meals, meal penalties, overtime, forced call, etc.) despite being non-union. I’ve also worked on indies that were pretty much no-budget and ran on a wing and a prayer.

It doesn’t matter which you’re involved in: always, ALWAYS get it in writing. Payment or no payment, you need to have some sort of deal memo in place to protect your interests. Some of these no-budget productions may resist a little. To me, that’s at best a yellow flag, but you can push for it and get a written agreement. I think assuming that nobody needs a contract is one of the biggest mistakes that shoestring-budget productions make.
 
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Glad things worked out. Just for the future:



“Indie” is a very broad term. I’ve worked on indie futures that had real budgets, professional crew, were privately financed, and played close to union rules (meals, meal penalties, overtime, forced call, etc.) despite being non-union. I’ve also worked on indies that were pretty much no-budget and ran on a wing and a prayer.

It doesn’t matter which you’re involved in: always, ALWAYS get it in writing. Payment or no payment, you need to have some sort of deal memo in place to protect your interests. Some of these no-budget productions may resist a little. To me, that’s at best a yellow flag, but you can push for it and get a written agreement. I think assuming that nobody needs a contract is one of the biggest mistakes that shoestring-budget productions make.

I hear you but I am doubling down and continuing without a contract 😅
Our conversations have been very productive I have a good feeling about this
 
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