Can I get the rights back?

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  • Can I get the rights back?

    A long while back I wrote an original screenplay and had been trying to get the film made as a director.

    A few years later I entered into a written agreement with another writer to collaborate on a new version of my script, because she wanted to make the film, with the proviso that I would direct it. She had produced a well received horror movie and had the ability to raise money.

    At a certain point I was deemed not fit to direct the movie (for vague reasons), so she took that slot.

    At a later point she got a different film made, written and directed by her, and it was a disaster. It was terrible (with the reviews to prove it), and made it clear she wasn't fit to be directing anything really.

    So at this point I'm extremely worried about my film, because she is still supposed to direct it. I have since made my own small feature that was well received (trying for festivals) and pretty clearly shows I have the talent to pull this off, so now I am upset that I have been muscled out. So I am wondering what to do. I am tempted to tell her I was not happy with her film, and have lost confidence in her ability to make my film good, and that someone else should direct it (that person being me). But I don't really have any leverage... my film is good, but not released, and hers was... she has produced credits and I don't.

    Can I gain back the rights to the film? Or use that as leverage to try and gain the upper hand? An ultimatum as it were.

  • #2
    Re: Can I get the rights back?

    I mean - there are two separate questions here.

    There's the legal one, which none of us are qualified to answer because we haven't read the contracts and we're not lawyers anyway. This has to do with time-frames in the contract and issues of the underlying law, etc. Consult a lawyer - that's really the only answer here. If your agreement is informal, then it's probably pretty easy.

    Then there's the practical one, which may render the legal question moot. You ask her. You say, "hey, it doesn't seem like you'll be able to make this as we discussed. Are you cool with me taking my original script and running with it again?" If she says no, talk to a lawyer and see what your options are. If she says yes, you guys draw up a simple piece of paper (with legal help) that says she's releases all her interest in your original script (perhaps in exchange for an associate producer credit if it gets made, or who knows, really - you let her ask for what she wants, and then negotiate).

    Explore the practical options first. Don't be adversarial about it. Don't say things like, "Your movie sucks, I no longer have confidence in your ability to make this."

    Leverage is irrelevant. If you approach it like you're trying to muscle her out, you could end up with a fight on your hands when one is not necessary. Talk to her about your interest in going in a different direction. If she says no, talk to a lawyer about how to get out of your agreement with her. Those are the only things that matter.

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