Q: I have a screenplay that is going to be shopped around. For various reasons, I think there will be real interest. How do I ensure no one who reviews it, steals the ideas and storyline?
-V.S., Los Angeles
A: Two immediate options come to mind to seek to protect your script: Register it with the Writer’s Guild of America and/or the U.S. Copyright Office. The WGA provides recordation of when the script is received, and provides proof of authorship of the work. It does not, however, provide writers with the enforcement mechanisms that the U.S. Copyright Office can provide. A primary function of filing a copyright application is to put others on notice that you are the author of the work(s). It grants you ownership of the intellectual property you created. Note that registration with the WGA is instant whereas it may take months to obtain a copyright. Stealing scripts is pretty rare, but you can take at least some comfort in registering your completion date and/or securing a copyright. You may also want to consider having anyone who reviews the script first sign a non-disclosure agreement; it is not just a piece of paper if someone breaches it and you vigorously pursue them in court.
Q: My partner and I have made real progress on pitching a show to a cable channel. So far we have done so without a lawyer or agent, but realize that may not be the wisest decision. Can you give us some of the key terms and conditions we should seek out in any deal we make?
-K.F., El Segundo
A: Congratulations. Making it this far pitching a show to a cable channel is encouraging, but if they buy your show, consulting with an entertainment lawyer and/or literary agent may well help you make the best deal. They will be able to advise and guide you on topics such as:
- An option fee: Often, the first deal point to be negotiated is the amount paid to acquire the exclusive option (for example, 10% of the purchase price, though this can turn on the demand for the property).
- Set-up bonus: Just because your show is purchased doesn’t guarantee it’ll get made. If the purchaser enters into an agreement for the development or production of the property with a studio, network, financier or production company, you could request a bonus.
- Purchase price: Due upon exercise of the option. How much are you selling your show for?
- Episodic fees: If you get a series order, how much are you getting each episode?
- Participation in profits: Often, 5% of net proceeds.
- On-screen credits: All aspects of credit will need to be specially negotiated, including this one.
Good luck going forward!
Ron Sokol is a Manhattan Beach attorney with more than 35 years of experience. His column, which appears in print on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at ronsesq@gmail.com.
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