Ownership of Property with Production Company

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  • Ownership of Property with Production Company

    My apologies if this has been discussed already. I'll make this as quick as possible.

    Back in 2008 I created a series and wrote the pilot script. It went back and forth as a series idea to a short film etc. Back in 2013 I brought it to my friend who owns a production company.

    We filmed and edited the pilot.

    His production company spent roughly 28k which includes shoot days, pre-production, cast and crew, locations etc.

    We've now decided to move forward with it as a feature film. We're keeping footage already shot and shooting more in the next few months. Now I need to write the remainder of the show as a feature to shoot.

    He and I are now going to sit down and hash out a contract with property rights, percentages, etc...

    I realize an entertainment attorney is essential, but does anyone have any thoughts on what he has a right with and what my rights are with where we go from here? I assume he alone owns the footage shot, but the story and characters are mine.

    Thanks.

  • #2
    Re: Ownership of Property with Production Company

    Originally posted by BennyMarkowitz View Post
    My apologies if this has been discussed already. I'll make this as quick as possible.

    Back in 2008 I created a series and wrote the pilot script. It went back and forth as a series idea to a short film etc. Back in 2013 I brought it to my friend who owns a production company.

    We filmed and edited the pilot.

    His production company spent roughly 28k which includes shoot days, pre-production, cast and crew, locations etc.

    We've now decided to move forward with it as a feature film. We're keeping footage already shot and shooting more in the next few months. Now I need to write the remainder of the show as a feature to shoot.

    He and I are now going to sit down and hash out a contract with property rights, percentages, etc...

    I realize an entertainment attorney is essential, but does anyone have any thoughts on what he has a right with and what my rights are with where we go from here? I assume he alone owns the footage shot, but the story and characters are mine.

    Thanks.
    i don't know the budget parameters but the easiest solution to me would be to pay him the $28k he sunk into development of the pilot in exchange for some kind of credit and a release of ownership to you

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    • #3
      Re: Ownership of Property with Production Company

      Originally posted by BennyMarkowitz View Post
      I realize an entertainment attorney is essential, but does anyone have any thoughts on what he has a right with and what my rights are with where we go from here? I assume he alone owns the footage shot, but the story and characters are mine.
      This is almost impossible for us to answer without knowing the details of your agreement with him.

      e.g., if you have a work-for-hire agreement, then you could own as little as nothing. if you have a licensing agreement, then he could own as little as nothing - not even the right to continue to show the footage already shot.

      In the absence of an agreement or anything written, egads, who the hell knows? It's a potential huge mess. Get an agreement before you shoot the film.

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