The producer typically hires a script writer to produce a short narrative canvas for the film and a first draft the agreement may also specify any further drafts, re-writes or polishes that are expected for agreed fees. The script itself is always considered an original creation to which IP rights are attached. A script can be a new work, or based on an existing work, such as a novel, a play or a comic book.
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The journey begins with the search for a good story or script. Ideally, the producer will find a script that is ready to shoot, but usually the services of a professional screenwriter are required to create the screenplay. (See Securing Rights - From Script to Screen for a more detailed list of the types of agreements producers need to negotiate). These agreements are underpinned by copyright law and contract law and are known as chain of title documentation. Throughout the film-making process, producers negotiate multiple agreements that define how the IP rights arising from the input of the various creative contributors will be used and remunerated. While they may not be the author of the original idea for the screenplay, without their vision and enthusiasm, a film project is unlikely to ever see the light of day. Producers are responsible for getting a film project off the ground.
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The rights connected to each of these need to be licensed, transferred, and documented to allow the producer – the person responsible for turning creative ideas into a marketable concept – to claim ownership of the film, raise the necessary finance to make the film, and license distribution rights so it reaches the widest possible audience. It is a complex, collaborative endeavor that gives rise to many different layers of rights that relate to different elements of a production, such as the screenplay, the music, the direction and the performances. You only have to take a look at the long list of credits at the end of a movie to get a hint of the army of people involved in making it. Among other things, it protects creators or owners of rights by preventing others from using their works without their permission.
Of all the IP rights, copyright is the linchpin of the film-making enterprise. Copyright – protecting the rights of the creators IP rights shape each stage of the film-maker’s journey from script to screen. They help producers attract the funds needed to get a film project off the ground enable directors, screenwriters and actors, as well as the many artists and technicians who work behind the scenes, to earn a living and spur the technological innovations that push the boundaries of creativity and make the seemingly impossible, possible. The answer is – everywhere! IP rights shape each stage of the film-maker’s journey from script to screen (see From Script to Screen: The Importance of Rights Documentation in the Distribution of Films ). But where does intellectual property fit into the picture? Filmmaking is a complex undertaking involving many different players. They excite, thrill and entertain us like no other art form. From Script to Screen: What Role for Intellectual Property?