ASK & DISCUSS INDEX

6 years, 11 months ago - Vasco de Sousa

Just basically take any employment contract, and add your points. The government has some guide for a written statement of employment, and even some templates here:
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

Some job centres have employment contracts. You can also use something like rocket lawyer.

If you have more time, you could look at a book on film contracts, or on film law, and pick out all the details. Or, you could ask your writer to do a contract if you wish. (Most won't, but I've written contracts.)

6 years, 11 months ago - Unsolicited Scripts

Thanks Vasco, it's good to know that a service such as Rocket Lawyer exists.

Just to clarify, since you're linking employment contracts: I'm not employing the writer, she is a sole trader and will simply send me an invoice to pay. From my understanding the term "Writer for hire" is used just to specify that the producer is commissioning a screenplay to the writer, opposed to optioning / buying a pre-existing screenplay. The main difference is the producer is holding all the rights, while the writer may decide to keep some rights when selling a pre-existing property.

What I'm looking for is a film industry specific contract that states the terms of the agreement between writer and producer. I am able to put together a deal memo together by myself with the details, but I'm afraid that incorrect wording could invalidate it. Starting from a film law book is a good idea, I wonder if the fact that all those books are based on US law could be an issue.

6 years, 11 months ago - John Lubran

I'm not a qualified lawyer. Just a much tested winning 'Haddock' Google if in doubt. Conveniently the USA and the UK are bound together very closely in terms of fundimental legal principals, it's called Common Law and enshrined within the written Constitutional Instruments of both jurisdictions and those of every other Common Law jurisdiction. The English Language is provides definitive meaning but the deprivations of relative illiteracy can ellicit errors in one of they key elements of English Law and other Common Law jurisdictions, that being Clear Intent.

I doubt that a template employment contract is appropriate for defining the mutual arrangements for an Intellectual Property deal. One way to begin drafting a deal is to draw up a bullet point list of all the things required such as owning copyright, the territorial and time imits of the terms of contract, shares, fees and or buy out arrangement, any what ifs and other liabilities, credits etc., etc. It's not always as complex as some lawyers prefer. Proving intent is everything and a plain English agreement even as basic as a Letter of Intent can be sufficient. Always agree, in writing within the contract, that the agreement and any argument that might arise with it is subject only to the adjudication of English Law.

There's good reasons as to why throughout the world English Law contracts, or those of other Common Law jurisdictions, are valued above any other and conversely, why so many of those other jurisdictions, even those of other leading jurisdictions, such as those of many other European countries are avoided.

6 years, 11 months ago - Mark Alexander Todd

Without knowing all the ins and outs of the contract this will be a bit of down and dirty answer. As this is a short film a simple LOU or letter of understanding will probably do the trick. You can set out in plain language how each point will be handled in the relationship: credits, consideration/payment for the original script (which there needs to be), use of the final film, development into a feature, additional fees to the writer if the short film is sold. If you are paying the writer a fee (which you should) then the copyright automatically rests with you as the writer is considered a writer for hire. If you don't pay a cash fee (even £1.00) then the LOU can be called into question.

If the writer is the author of the original book, and you're optioning that book you will need an option agreement with the author/authors agent. If it's a published work there may/will be a fee for this. Then additionally, some form of contract/ LOU of what the writer is doing for you, for what purposes and for how much.

Once the script is written, you own it and it's up to you if the script gets made into a short. Any use of that script (in whole or in part) will need to be agreed by you and you should receive a payment and/or credit.
I'm not a lawyer, I am a producer-director that has had to organise these things in the real world and I hope the insight is helpful. Happy to help if you need more. projects@pocketpicturesltd.com

6 years, 11 months ago - Unsolicited Scripts

Thanks both, that's all very good to know. I think in my case a letter could do then, I am indeed paying a fee to the writer so the biggest issue is solved.

6 years, 11 months ago - John Lubran

The issue of what a monetary transaction represents is not as cut and dried as might be presumed. As with any business transaction for any good or service in any kind of commerce or trade it's the terms of agreement and not some default procedural precidence that has lawful supremacy. The defining of a transaction as a fee is not the only context for the transfer of copyright. If the originator of a story wants to retain copyright after selling limited rights to someone else then it's not a writing fee but a sale or lease of an intellectual property. Whilst not understanding fundimental principals can inadvertently render a person vulnerable to unwanted circumstances the notion of there being constraints of any kind on control and ownership of property by unwanted conditions defaulting to legal presumptions is a lawyers presumption below the level of the High Court.