Julian Wilkins, IP and Media Lawyer, Member of Q Chambers and Editorial Director of Blue Pencil Media Partners Limited, returned to the London Screenwriters’ Festival for yet another round of legal wisdom and guidance; a regular appointment he’s kept since 2011.
Creative industries are an important part of the U.K. economy, and as more people are turning to film and TV for entertainment during this period of unease, it is imperative that you make sure your rights are being met.
All that is outlined in this post is general guidance, so please keep in mind that things may differ for you, depending on your country and other circumstances.
Copyright
As a writer, copyright lasts the entirety of your lifetime, and for up to 70 years after you die. However, your work can be used freely by others for research or educational purposes. You can also use a small piece of a copyrighted work in the right context. You can quote in certain defined circumstances an excerpt from another script.
The key takeaway from this part of the discussion was that your IDEA is not copyright-able. It’s the execution of that idea that is unique. Fantastic for Brits is the fact that in the UK it’s an automatic right. This said, it is still crucial to take steps to protect your work!
Julian proposes dating your work and sending a sealed copy of it to yourself, a trusted party, friend or solicitor. This creates an evidential trail and proof that your work really is your work.
Moral rights
Moral rights are afforded to writers to ensure that their work is not treated in a derogatory fashion, or ways that could be damaging to their reputation. Simply put, you have the right to be identified as the author of your work, and for your work not to be misused.
Though it is common practice to waive them when assigning them over to a broadcaster or producer, moral rights usually last as long as those of copyright, and in some cases continue even after copyright expires.
If you think that your work is being poorly handled, and that the production is not representing the script, then you have the grounds to enforce your moral rights.
Adaptations & representations of people
Another section that was relevant to writers was the talk of adaptations, which led to a more specific discussion surrounding representations of people. Here, Julian stressed that you must be cautious when writing about a person, living or dead.
In the US, image rights can protect a person’s persona. People can trademark their name and catch phrases amongst other things. Julian used Hustlers (2019) as an example of an Image Right dispute, as former stripper Samantha Barbash (portrayed by Jennifer Lopez) filed a suit against the production company claiming defamation and not getting permission to use her life story.
Parody and caricature can be an effective way to draw upon elements of other productions, Julian said. Characters and settings can pay homage to other productions without copying them, as they still have an original concept and script.
Parting thoughts
When it comes to legal documents, Julian urges writers to question ambiguity. Documents need to be concise, clearly identifying the parties and fees involved. Everything should be defined simply and in a straight-forward manner.
He also stressed repeatedly how important it is to keep track of your sources and where you are collecting material. This sees you prepared should someone challenge you.
Though only an hour long, Julian managed to pack the ‘Get Legal Advice at the Legal Clinic’ session with heaps of useful definitions and advice. The full session is definitely worthwhile as Julian delves into co-writing agreements, the transfer of ownership in option agreements and the significance of branding, especially in today’s society. This is all essential learning for professional filmmakers and writers.
I’m Sofia Carter-Sohlen, a film enthusiast excited by the prospect of working in the industry. Currently, I’m working as a runner at a Post-Production company based in London, and am hoping to climb the ladder to discover where my true passion lies within the industry.
