I was facing a personal dilemma when the thought of writing this piece came to me. Having the right information helped me to make a good decision, and being a very nice lawyer, I thought I'd share.
This piece applies to any entertainment product or eligible work of copyright. However, to make it very understandable, I'll use the analogy of a movie script.
Maybe you have a 'winning' movie script in a file on your computer and you're trying to find the best way to make something out of it. You know that a script is a literary work protected by copyright, and that, as the author, you are the copyright owner, the only one who can 'do and undo' with the script. Yet, you are not getting richer when it's just sitting in your computer and you do not have the financial and professional means to make a movie.
So, you look at the some of the options available and narrow them to two:
a.) You can try to produce a movie from it and keep all the proceeds; or
b.) You can assign it (sell it outrightly) to a movie producer.
Enter the three C's.
The three C's of copyright are tools that can help you to make a knowledgeable decision. They are: Compensation, Credit and Creative control.
1.) Compensation: Does the financial reward come first for you? Do you want to be compensated handsomely? If this comes first for you, then you may favour selling your script to the highest bidder, especially when you do not have the financial resources to produce a movie. This may be your number one consideration, even if it means that you have to lose credit for it and control over it. In any case, be clear about what the compensation is, whether it is in kind or in cash, and how it is to be paid or structured.
2.) Credit: Do you mind very much about being acknowledged as the writer of the script? If you do, even if you sell it, you may be able to contract to have your name credited as the script-writer, especially if you'd like to use it to boost your profile and career advancement. However, this may not be very easy if the buyer of your script decides to make some changes and then claims authorship of the new product, giving you no credit for the backstory. If you get to produce the movie, however, you can have your credits in big, red blazing letters.
3.) Creative Control: Do you want to have a say in how the script is transformed into a movie and have some measure of control over the project? Maybe the subject matter was about a young, unemployed man who loved to drink beer, and somewhere along the line, the buyer decides to make the story about an adulterous, overweight woman. Or maybe you wanted the movie to be set in Lagos, Nigeria, but the buyer decides to go for Jos, instead. If you are not the producer of the movie, it is very unlikely that you will have any say in how the movie eventually turns out.
You may be able to sell your script to someone who will pay you handsomely, give you all the credit you want, and allow you to retain creative control all the way. However, in most situations, you may have to prioritise and decide which one matters to you the most. Use the three C's to help you make a knowledgeable decision.
©2013 Tinukemi Alabi
Contact: tinukemi@gmail.com
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ReplyDeleteThis is very informative, as usual. Thanks for sharing.
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