ASK & DISCUSS
INDEXIP rights
5 years ago - Barry Staff
A producer has expressed interest in making one of my screenplays, selling the resultant film direct to a streamer. Others tell me that the latter will want 'all' rights in the property assignable to them. I'm not sure, in this instance, whether that means all the rights in the movie or ALL rights to the IP in general. I'd like to reserve the stage and audio rights (as is doable in a contract with a producer). But would that thereby create an impediment in a deal they'd want to broker with the streamer? Many thanks in anticipation of replies that clarify.
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5 years ago - Paddy Robinson-Griffin
I think it's all going to be by negotiation. Perhaps you sell the screenplay with first option of buying all the other underlying story rights for £x within 12 months of some specific date. That'll give them a go/nogo date to buy you out, so you can leave the producer with the flexibility to sell the project and the decision to make, and you with a solid date to get your rights back or a wodge of cash. You could even do things like retain character rights so any sequels owe you money.
For all of this, agree in principle what you want with the producer, then get an IP lawyer to represent your interests on the contract, as it'll be complex
5 years ago - Marlom Tander
It's all a negotiation.
If the money is significant get a lawyer.
If it isn't, then they shouldn't be surprised that you want to hold back on audio and stage. And they shouldn't care too much UNLESS they actually have track record using such rights.
One area to look at is timing - "I'll keep audio and stage rights, but won't use them until the later of 5 years from now or two years after movie release".
If they are worried about competing products drawing fire, that should set their mind at rest.
5 years ago - Barry Staff
Many thanks for finding me some wiggle room, fellas. I trust you're both hanging in there.