DISCLAIMER: I am not a lawyer and I am not offering legal advice. I am sharing my understanding of copyright and considerations in working with a co-writer. These are informational only. You should consult a lawyer if you want to set up a contract.
Here's an example story, to let people know what I'm made of (registered with WGA, so copy at your own risk):
I just want to caution you that WGA and copyright ONLY PROTECT your SCRIPT NOT THE IDEA ! This is a common misunderstanding. So please be cautious when you share. As long as someone doesn't use characters and events almost exactly as you put it in your script, you don't really have much of a defense or claim. Copyright protects the
physical creation (script, book, picture, movie, sound recording, etc.) and grants rights for copying and making derivative works.
I've got a whole lot of stories about this guy, and also about other characters in this setting. I drafted this as a script, have written maybe 10 short prose stories, and am currently developing it as a comic book. Note that this isn't one of the stories I'm interested in collaborating on, just an example of something I've written.
If I were you, I'd choose one of those media and develop it out first--screenplay, anthology or comic book. Each has a slightly different need in terms of presentation and content. I can see where the attention deficit may come into play being divided among so many venues. Once you finish one format, it is usually easy to convert over to the others. In your place, I'd probably do the short prose first. I often use those as springboard for my scripts. In turn, the visual elements of the script often help the cartoonist/storyboard creation.
Since you have about 10 stories, you might see if there are two or three which overlap (characters, locations, plot) to build up into a feature. As a very rough guide, one page of prose translates to about 4 pages of script. So two to three intertwined storylines often fill about 90-120 pages.
There'd be a lot of detail sorting out before any potential working together, but if anyone is vaguely interested in this comment or message me. I've got several solid concepts and lots of work put into them, just having hard time finishing things. I would be into anything from working with a ghostwriter-esque person to full on creative partner as at this point I'd prefer to get a product out than have it working the exact way I'd like it to - within reason.
Collaborations can be rewarding and also a headache at times. Each writer has strengths and weaknesses. Being able to pair up with someone to balance those out can make for a great script. On the other side, "idea ownership" needs to be a first item of discussion. The idea's originator should always get first listing in the credit. If the contributed content is more than 30%, the second writer deserves credit as a co-author (Winston
and Churchill). If the second writer made significant contributions but the majority of the content is the prinicipal's, then Winston
& Churchill. Typically a ghostwriter IS PAID in lieu of writing credit. The WGA has a manual describing writing credits.
HOWEVER, in the end, it is the production house that typically assigns credit. And a script that is optioned/purchased may not even have your name. They may have other writers hack your script to pieces and re-assemble it. You see your name on the screen as "based on ...", "story by ...", etc. The first rule of screenwriting: if you don't make your own movie, don't be too attached to your story or script. Location, characters, and plot changes are at the discretion of the production budget, director and studio.
The other area is registering the script. If you have a co-writer, then
they need to be listed on the copyright/WGA registration. Don't try to avoid this because
their computer records of writing will help them
establish their contributions if it comes to a lawsuit. If you don't know the person well, it is best to have a written agreement about credit and ownership. As a joint author, they have equal say about optioning a script. If Disney wants the script but your partner says no, then you have a problem. It may have started as your idea but ownership is joint. This doesn't happen often but partnerships can break down. A simple agreement ("a writing pre-nup") is a good idea
if you plan to make money from your script. It should outline credit, ownership of the idea, and outline compensation. Remember that just by contributing to the writing of the script, a partner has become a co-owner of the copyright unless PAID/HIRED FOR WORK. In this latter case, they have no claim. However, as a co-writer, full copyright privileges exist for royalties for all derivative works (comic books, toys, movies, etc.) based upon the script. Again, if these are spelled out and agreed upon in advance, there is less problem later.
Some will say this is overkill and only applies to studio movies. In terms of financial claims, I would agree. Sometimes events surprise us. Husband and wife write a story together. Later they divorce. Ten years later, someone wants to make the movie. Guess who has to give permissions also. Or say, you co-write the script and a studio buys it. It's successful and they want to make a sequel based on the current film. Your partner is reluctant given how the studio handled the first but you're gung ho. Or your partner is tired of the character and doesn't want to continue the series. That doesn't necessarily mean you can now go out and write more adventures and sell them without his consent even though it's your idea. He is still entitled to the profits since you're creating a "derivative work" of your joint venture. Your agreement should probably include an "exit/buy-out clause".
As far as NDA ("Non-Disclosure Agreements"), I don't think they are particularly useful. For businesses, they see hundreds and thousands of scripts. The chances are high that they've seen similar ideas in scripts. And, again, you are unable to copyright an idea. For individuals, it would be hard to know if it was stolen unless they are able to get it made into a movie. People don't win lawsuits for copyright infringement until the original idea makes money and becomes public often two years down the road. And in between now and then, you've probably shared it with lots of people. [EXCEPTION TO THIS is if you are a Writer/Producer who is in the production process. Everyone who participates in the production would sign an NDA if you felt it were necessary.] Most writer/directors have a high enough opinion of their own scripts that they don't need to steal someone else's idea. If they find a particularly good script, they are more likely to legitimately work with a writer to option or acquire a script than risk future lawsuits.
I'm not desperate because this may resolve itself, but if I can find someone I like working with by posting this I'd be stoked. Thanks, Rylan
Like any relationship, it takes time with ups and downs. I don't want to suggest that finding a co-writer needs to be terribly legal or rigid. At least in the beginning it's fun to find someone you can bounce ideas back and forth with, to really flesh out characters, ideas, and script. Especially if this is something you or your friend will be filming yourself. A lot of partnerships start in film schools that carry forward. My comments above are more directed at when you are posting this to Inkscript or other sales venues to make money from your screenplay.
When you start talking about making money from your script(s), it's important to put more thought into the who, how, and what.
I've been involved with several writers, formally and informally. I've learned a lot in the process. I think it helps to be able to meet routinely and be able to exchange emails/chat in between. Sometimes the solution IS to cut out segments or totally re-conceptualize. It can be hard to do but is sometimes needed. This can be one of the "downs". We all have our favorite scenes. Trust me, the script will go through lots of revision. Rule #1: Don't be too attached to any one element. It's helpful for the writers to have separate characters or be the principal dialogue editor for his character to keep the voices unique. An "up" is having someone whose vision and tone matches yours and helps pump out some great scenes. Also having someone there helps keep the momentum up for completing the script.
The idea sounds very promising and would make an interesting graphic novel. Many of Neil Gaiman's works started as stories turned to graphic novels and then ended up as movies. Whatever route you take, it's best to focus on one medium for your story. Good luck.
