The writer with Separated Rights is also entitled to:Ī. If the Company does exploit the dramatic stage rights, the writer must be paid for such use as provided under the MBA. There are certain rules regarding the use of the title of the motion picture. If the material is not produced, the writer may produce a stage version based upon the material 5 years after the date of the contract with the Company. The writer has the right to produce a stage version of the material after two years following general release of the motion picture if the Company has not exploited the dramatic stage rights. If the writer with Separated Rights does not want to write the novelization or fails to conclude a publishing deal within prescribed timeframes, the Company may publish the novelization but must pay the writer not less than WGA minimum for the right to publish. If the Company wishes to cause a novelization to be published, it must first approach the writer(s) who has Separated Rights to see if the writer(s) wants to negotiate with a publisher regarding the rights and services for the novelization. The Company, however, has the right to cause a novelization to be published in conjunction with the release of the film, for the purpose of marketing the film. The writer obtains the right to publish the script, or book(s) based on the script, subject to a holdback period. Through the MBA, these are licensed back to the writer. The theatrical Separated Rights are publication and dramatic stage rights. WHAT ARE THE THEATRICAL SEPARATED RIGHTS? One further note: A writer who has Separated Rights has Separated Rights in the entire screenplay, even those portions written by other writers. (Article 16.A.3.) Receiving the qualifying credit is known as "Final Qualification." (Article 16.A.2.a.(i), see also Theatrical Schedule A, Paragraph 2.c.) "Screen Story" credit is accorded when the writer is given source material of a story nature and creates a substantially new and different story. If a writer is given source material of a story nature but nevertheless believes s/he has created a substantially new and different story, the writer must seek and receive a "Screen Story" credit in order to be eligible for Separated Rights. Final Qualification - If a writer who is initially qualified for Separated Rights in a theatrical motion picture, as described above, receives "Story by", "Written by" (i.e., story and screenplay credit), or "Screen Story by" credit on the motion picture, the writer is entitled to Separated Rights. A writer who is not the first writer may still be eligible for separated rights.ī. While that may sound unusual, a prior film may not be available for viewing or a book may be out of print, or the writer may be assigned material not owned by the Company or the Company may not provide the material to the writer.Īlthough a writer's individual contract may designate an earlier writer's material as "assigned material," material written under WGA jurisdiction is not considered "assigned material" for these purposes. the assigned material is not available to the writer.the writer creates a substantially new and different story, such that there is no longer any substantial similarity between the underlying material and the writer's material, or.If the writer is assigned material of a story nature ( not simply facts or an idea) from outside of WGA jurisdiction, then the writer still may be entitled to Separated Rights if: Any rights regarding the original play will have to be negotiated separately by the writer. For example, the writer of a produced play who is later employed to write a screenplay based upon the play does not have Separated Rights in the screenplay. The WGA does not cover sales of produced or exploited material. This includes the writer's own material if it has been previously published or produced. "Original" in this instance means that the material is not based on any material of a story nature that has been previously published or produced, or material acquired outside of WGA jurisdiction. This original story must be written under employment or purchased from a "professional writer." 2 (Article 16.A.2.) Initial Qualification - A writer is initially qualified for Separated Rights in a theatrical motion picture by writing an original story (or original story and screenplay), including a complete and developed plot and character development. In order to be entitled to Separated Rights on a theatrical motion picture, a writer must meet the criteria for both "Initial Qualification" and "Final Qualification." Ī. WHO IS ENTITLED TO THEATRICAL SEPARATED RIGHTS?Įntitlement to Separated Rights is subject to final WGA determination and may not be negotiated in a writer's individual contract.
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