Acquiring the rights to a literary property with an eye towards turning it into a movie or television series is one of your primary responsibilities as a filmmaker or producer. Or, if you’re a writer with a screenplay or someone who owns IP that can be made into a film or TV series, how do you know you’re signing the right contract with a producer? Whether you are looking to acquire a screenplay, article, book, graphic novel or comic book series you need an option/purchase agreement — or is it shopping agreement? Or is it an attachment agreement? Trying to understand which agreement is right for you can make your head spin. But, it’s important to make sure you come to the table with the right agreement to protect yourself upfront and secure all the necessary rights to the amazing property you’re after.
At a glance, it seems that there is overlap between the holy trinity of rights agreements: shopping, option/purchase and attachment. Unfortunately, many people confuse the terms and as a result people often end up coming to the bargaining table with very different ideas on what kind of agreement they are — resulting in the creation of Frankensteined-together versions of these three types of contracts. The wrong drafting can leave the writer stripped of their copyrights or producers and filmmakers unable to secure financing because they don’t have the rights they thought they paid for. There are key distinctions between these three agreements and any producer or filmmaker(or on the flipside, writer)must know the difference between them. Experienced entertainment attorney Thomas A. Crowell, Esq. is here to help.
Thomas A. Crowell, Esq. counsels clients on a wide range of entertainment law and intellectual property rights issues, including clients who have had deals with TLC, Elsevier Publishing, Starz, Discovery Communications, Focal Press, the Smithsonian Network, WE: The Women's Entertainment Network, The Science Technology Network, IDW Publishing, and Sony Entertainment. His clients' work is seen in the pages of Marvel and DC comics and on movie, TV, computer, and mobile screens across the world. A former television producer and director of development for STN, Thomas has spent the better part of the last two decades creating ways to make difficult legal concepts accessible to creatives.
Thomas will give you a solid foundation of the legal issues involved in the acquisition of film rights, as well as a rubric for understanding, negotiating, and drafting key provisions in the option/purchase, shopping agreement, and attachment deals. He will walk you through the basics of copyright law and the legal steps necessary in transferring rights. Next he will discuss common pitfalls writers and producers make when it comes to breaks in the chain of title, joint authorship, and work for hire. Critically, Thomas will spell out the differences between shopping, option/purchase, and attachment agreements and will give invaluable tips on how to negotiate and draft these agreements to ensure you’re getting what you need and not being taken advantage of. You will have the tools you'll need to navigate the murky waters of copyright law and to land the rights to your dream literary property.