I have a problem with a co-writer

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  • I have a problem with a co-writer

    A couple of years ago I wrote a script and a voice actor I worked with at the time offered to rewrite it for me to make it the best it could be. I accepted especially because I was under the impression he would do it for free. And later he told me it was free of charge.

    Then about a year later after we had a dispute over writing preferences he registered our script with the WGA behind my back and claimed he owned artistic rights to it from now on, and announced I had to pay him $700 for the rewrite he did. Then after we had further disputes we went our separate ways.

    And last I contacted him he told me I would face legal action unless if I was to use any of the writing he did for my script unless I would pay him the WGA standard for rewriting a screenplay which is $10,409. And it is impossible for me to ever get that kind of money.

    I later tried rewriting some of the scenes he wrote in the script thinking this would be okay (I heard there is a 10% difference that makes the cut). But when I contacted him about this he said no, because he still laid the groundwork for those scenes and my rewriting them wouldn't change what he should be paid for his work.

    So I am asking, is he in the right? Can he get away with these things?

  • #2
    Re: I have a problem with a co-writer

    Ugh. That sucks. What a mess.

    Keeping in mind that I am NOT a copyright lawyer, here are my thoughts...

    The answer to your problem is right here:

    Originally posted by Cynthia Hanson View Post
    he told me I would face legal action if I was to use any of the writing he did for my script
    And he's right. You can't take his writing and sell it as your own. Your best course of action is to return to a draft of the project that completely predates his involvement. If you do any additional work from that starting point, you need to make sure it steers clear from the work he put in. Simply rewording the scenes that he wrote is not going to cut it.

    As for the version that he worked on - He can't legally sell it without your permission, and you can't legally sell it without his. From the sounds of your relationship with him, that draft is as good as dead.

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    • #3
      Re: I have a problem with a co-writer

      Originally posted by Cynthia Hanson View Post
      A couple of years ago I wrote a script and a voice actor I worked with at the time offered to rewrite it for me to make it the best it could be. I accepted especially because I was under the impression he would do it for free. And later he told me it was free of charge.

      Then about a year later after we had a dispute over writing preferences he registered our script with the WGA behind my back and claimed he owned artistic rights to it from now on, and announced I had to pay him $700 for the rewrite he did. Then after we had further disputes we went our separate ways.

      And last I contacted him he told me I would face legal action unless if I was to use any of the writing he did for my script unless I would pay him the WGA standard for rewriting a screenplay which is $10,409. And it is impossible for me to ever get that kind of money.

      I later tried rewriting some of the scenes he wrote in the script thinking this would be okay (I heard there is a 10% difference that makes the cut). But when I contacted him about this he said no, because he still laid the groundwork for those scenes and my rewriting them wouldn't change what he should be paid for his work.

      So I am asking, is he in the right? Can he get away with these things?
      A voice actor, huh? He has an odd idea of what is 'helping,' doesn't he? Write a different story, maybe even about this very thing, except change the writers to musicians and the screenplay to a score. Henceforth, cut all ties and stay away from this person.
      “Nothing is what rocks dream about” ― Aristotle

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      • #4
        Re: I have a problem with a co-writer

        You definitely don't owe the guy 700 bucks.

        As for the 10k, you'll never owe that to him yourself. This was not a WGA sanctioned rewrite, and you're not a signatory, you're a writer. The only way he ever sees a cent is if you sell the script with both your names on it. If you sell it without his name on it.... oh boy, that's gonna be a huge mess. And if you don't disclose his involvement to the buyer, you're guaranteeing them a colossal problem down the road, and you'll never work for them again. Your reputation will take a major hit.

        Bunker's advice is good. Go back to your original draft, and don't rework scenes he wrote, start completely fresh.
        https://twitter.com/DavidCoggeshall
        http://www.imdb.com/name/nm1548597/

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        • #5
          Re: I have a problem with a co-writer

          Originally posted by ProfessorChomp View Post

          Bunker's advice is good. Go back to your original draft, and don't rework scenes he wrote, start completely fresh.
          Professorchomp and Bunker are absolutely right, go back to the draft B.C. (Before the Creep) and take it to even higher places. I'm sure you must have grown as a writer by now.

          I wonder if also changing the title and the carachter names would help you distance yourself from him.

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          • #6
            Re: I have a problem with a co-writer

            Is this the Wogglebug project that he has the IMDB co-writer entry and voice actor credit for?

            https://www.imdb.com/title/tt3750768...=nm_flmg_act_1

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            • #7
              Re: I have a problem with a co-writer

              Yes. That's the one.

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              • #8
                Re: I have a problem with a co-writer

                Originally posted by Cynthia Hanson View Post
                Then about a year later after we had a dispute over writing preferences he registered our script with the WGA behind my back and claimed he owned artistic rights to it from now on, and announced I had to pay him $700 for the rewrite he did. Then after we had further disputes we went our separate ways.
                Is that even legal? Did he register as "co-written", or did he register it as his property?

                I'm looking at the form right now on the WGA West site and if it is co-written, it needs to be registered as co-written -- including both author's Social Security Number, Driver's License Number or WGA Account Number. Did you give this person any of that information? If not, he did not legitimately register it as co-written. He would have also needed to include your phone number and email address and I'm pretty sure you would have been sent a message when it officially registered to that email address.

                If he registered the complete script as his his own property with the WGA, then that looks illegal to me.

                I'm not a lawyer, but, in my opinion this is fraud or he's lying to you and never registered this with the WGA.

                You may want to approach the WGA and find out if this script was actually registered.

                Edit: Also, if you haven't copyrighted this yet. I would get everything together that is indisputably written by you and get it copyrighted immediately. A copyright is much better legal protection than a WGA registration anyway. It can be done online and is relatively cheap.
                Last edited by StoryWriter; 12-16-2018, 05:50 PM. Reason: Adding more information.
                "I just couldn't live in a world without me."

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                • #9
                  Re: I have a problem with a co-writer

                  No I never gave him any of that information of mine. And I never received an email when he registered it. My aunt called the WGA West and if I remember right they said they didn't see it there.

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                  • #10
                    Re: I have a problem with a co-writer

                    What a pain in the a** you're going through! I had a bad co-writer once, but the project we tried to write together was legitimately co-created, so I couldn't go back to some version pre-him. So I told him he had legal right to all of the work we did and walked away from it. That said, I learned a lot about copyright law from that experience. If this guy rewrote dialogue in YOUR script, the most credit he'd be entitled to is shared "screenplay by" credit, not story credit. And he can't register YOUR story on your behalf. I agree with everyone -- get everything pre-him sent into the copyright office. Establish that baseline. If his dialogue pass was good, and did add some value, and you want to use that draft, you could always be upfront with a potential buyer, telling them there is an additional credit you'll have to pay off. If there was money on the table for him, what would he do -- sink your deal and also sink himself from getting any money? I don't think so. The best thing you could do is find a reputable attorney who handles exactly this kind of stuff. Maybe they could tell you where you stand legally for not much money? I've called a few entertainment attorneys in the past and each time, received 30-45 minutes of free legal advice while they listened to my problem and then told me I didn't need them. It might not hurt to make a few calls.

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                    • #11
                      Re: I have a problem with a co-writer

                      Thank you for your advice. I'll consider doing just that.

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                      • #12
                        Re: I have a problem with a co-writer

                        i believe the correct way to have this registered is:

                        Story By: Cynthia Hansen

                        Screenplay By: Cynthia Hansen and Duly Noted Second Writer

                        in all fairness, and i don't know if this is the situation and i am certainly not saying it is, but if this person did a substantial rewrite (that made the spec salable), i would want to share the credit with them. it's the right thing to do.

                        regardless of whether you agreed to accept the rewrite for no charge or not. if their draft gets the project sold or optioned, they deserve to receive credit and if there is a financial reward, it is appropriate to share it with them. it's a win-win for both of you.

                        i believe the rules state that the writer who's work is most prevalent in the draft that sells, receives top billing in the "Screenplay By:" credit. actually it might be the draft that gets made and not the one that sells. you'll have to dig into that.

                        this is all moot because the "credit" process for a WGA project is determined by the WGA and not by the parties involved, at least i think that's how it works. by the time it gets made you may end up with only "story by" credit anyway.

                        whatever the situation, explain to the other party that you need the WGAe or WGAw registration number. Then you can contact the WGA to advise them that there is an improperly registered script that needs to be deleted and replaced with the correct credit assignments.

                        the goal is to get the project sold. if you can do it without using their draft, you have nothing to worry about. but if you can't...

                        then i would come to some kind of written agreement with this other writer to clarify the terms of this draft.

                        the problem is that they cannot sell it without your authorization. and you cannot use any part of their draft to sell that version.

                        i think they might be able to show it to someone as a sample, though on principal alone i personally think this is wrong to do to another writer who created the characters and story without their knowledge. just my opinion.

                        i am not a lawyer.

                        Good luck.
                        "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

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