Screenwriting is a creative and challenging undertaking, but it can also be a minefield. Beyond the difficulty of the writing process, it can be a nightmare when it comes to contracts and permissions. There are countless stories of screenwriters getting burnt in the lead-up to preparing their script for producers or directors. Whether having the rights optioned and landing in development hell or signing on a detrimental contract, it’s important to know what to expect when it to legal issues, from copyright and trademark infringement to defamation and right of privacy violations.
One of the most common legal hurdles for screenwriters is copyright infringement. Copyright protects original works of authorship, including literary, dramatic, musical and artistic works. When a screenwriter creates a new screenplay, they automatically have copyright in that work. However, if a screenwriter includes elements in their screenplay that are protected by copyright, such as characters, plot points or dialogue from another work, they may be infringing on the copyright holder’s rights.
To avoid infringing another’s copyright, register your screenplay with the United States Copyright Office or at the very least, send yourself a copy of the finished work via registered mail. If you’re writing a screenplay based on a pre-existing work, such as a novel or comic book, get permission from the copyright holder before you start writing. Similarly, obtain permission from the trademark holder before you start writing about trademarked characters or phrases.
Another common legal hurdle for screenwriters is defamation, the publication of a false statement that harms someone’s reputation. If a screenwriter writes a screenplay that includes defamatory remarks or statements about a real person, they may be sued by that person for defamation. If you’re writing a biographical or semi-biographical screenplay, be sure to consult an attorney or someone well-versed in these matters.
Screenwriters also need to be aware of the right of privacy, which protects people from having their personal information or private lives disclosed to the public without their consent. A screenwriter must get consent if they intend to use private information about a real person to avoid violating their right of privacy.
In addition to these specific legal hurdles, screenwriters also need to be aware of the general principles of contract law. When a screenwriter sells their screenplay to a producer, they typically enter into a contract that gives the producer the right to produce the screenplay into a film. However, these contracts can be complex and may contain provisions that are unfavourable to the screenwriter and can lead to the screenplay being rewritten to the point of being unrecognisable. Be sure to consult a legal professional before entering into a contract.