Script to Screen the Role of Intellectual Property Rights in Film Development
Film development is an intricate process. With which an idea can quickly evolve into a screenplay or script, but from script to screen. It’s important for filmmakers to understand the role of intellectual property rights in film development. As the idea for a film gradually moves from inception to the actual completion of a screenplay. One can’t help but to wonder how the filmmaker keeps the details of various intellectual property rights together. Although the process is different for each creator, the production of a film package complete with the screenplay. And all literary property rights and intellectual property rights. In order for a clean chain of title is an important aspect of the film development process.
Without a detailed script, and all of the supporting documentation that provides the transfer of specific rights to the film producer. The process of moving from script to screen can and almost certainly will be halted.
Distribution, after all, requires a clean chain of title. Thus, a large part of the distribution process for any filmmaker consists of making sure that all appropriate intellectual property rights in film development have been acquired.
And that there’s supporting, written, evidence to support such.
Intellectual Property Rights in Film Development
The acquisition of intellectual property rights in film development is important for a number of reasons. But nothing is more important than maintaining all of these rights. In such a way that there is written proof and a clean chain of title.
Distributors will look for the acquisition of literary rights, the rights to use music or performances. As well as the transferring of copyright ownership or licensing agreement from creator to creator. As a way of ensuring that they can show a film without risking their own investment.
Film development almost certainly will require a financial investment of some sort. In order to substantiate the process and move forward with the creation of a written script.
Financing Acquisition
Thus, even the professional film producer will need to take steps to acquire private bank financing, investment financing, or public funding in order to finance. Or otherwise pay for development costs in order to produce the projects they’re most interested in.
Like distributors, investors that are willing to fund a film project in any capacity want to know that their investments are safe. While they realize the risk involved in investing into a film production, they equally know that there is no need to take a risk in situations.
In which there’s an infringement of intellectual property rights. Thus, the acquisition of, and proof of, intellectual property rights for a film project in development will be vital to the later securing of financing or other investment interest into a production.
The Option Agreement
If an idea for a film isn’t the sole creativity of the film producer, there’s a pretty strong chance that the idea will result from the desire to commission an author in order to produce a book to film project.
Thus, anytime intellectual property rights in film deals that involve the acquisition of rights to produce a book to film project are involved, the first stage of negotiations between the author and the producer will be in the development of an option agreement.
The option agreement provides the filmmaker the option to purchase the rights to produce a written screenplay, and later a film, based upon the book. Effectively putting the option on hold.
So that the producer has exclusive rights to the development and subsequent production of the screenplay. The option agreement represents a key area of negotiation and a major stepping stone in the realm of intellectual property rights for film. But it’s not the end of the arrangement.
Rights Purchase Agreement
The option agreement merely provides the producer the option to purchase the rights to a screenplay. But moving forward, and having a screenplay created as part of the film development process will require additional negotiations.
A rights purchase agreement will be necessary. In order for the filmmaker to move forward with the written screenplay and subsequent production of the film.
The Rights Purchase Agreement
Purchasing the rights to the underlying work will require several major steps before the producer will be ready to make an offer. Or to otherwise negotiate with the original copyright holder.
Because most rights purchase agreements are based on the total estimated cost of film production. This information will be necessary prior to the two parties entering the agreement.
It’s likely that the producer will make an offer to purchase the rights to a book. By estimating the production budget and providing between 1 and 3% to the author for the rights.
This price was likely set when the option agreement was executed. In which a pre-arranged floor and ceiling price would have been established as well.
In Perpetuity
The rights purchase agreement provides the filmmaker with the right to not only produce a written script on the intellectual property. But also to subsequently produce the motion picture.
Thus the rights purchase agreement will generally include terminology. Specifying that right holders receive “all rights in the universe,” and may specify “in perpetuity.”
These terms meaning that the filmmaker has the right to the intellectual property mentioned and all such renderings, recreations, or remakes of the work.
Script to Screen
As you can see, the acquisition of intellectual property rights at the earliest stages of the film development process can be a complex process that requires a lot of individual steps for the filmmaker.
From script to screen, the film project continues to pass through various stages. In which the transfer of intellectual property rights will take place moving along from one creator to the next.
In Summary
Even as the script moves into production, and the addition of cast and crew are involved in the production of the script to create a motion picture. The acquisition of intellectual property rights and the transfer of ownership will continue.
The filmmaker will likely hire cast and crew under specific arrangements. Including work-for-hire agreements. Which allows the producer to maintain their interest and ownership of the original copyright of the project. Which was acquired during film development.
This is how the chain of title continues with proof in the form of written actor and talent release forms, crew contracts, location agreements, and talent release forms. All becoming essential documentation that proves the continued intellectual property ownership of the film project.
