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 Message
    From: jmsatb5@aol.com
 Subject: Re: ATTN JMS: Is the TMoS script covered by option? (Re:
      To: rec.arts.sf.tv.babylon5.moderated  
    Date: 2/26/2005 11:43:03 PM  

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>I know, but if they paid for the script to be done, and they retain
the
>rights to it, they could try to sell it to someone else if they wanted
to
>try to produce it.


: The only way they could have "kept" it was if they started production
by, as
: JMS said, December, and then again by some un-specified extension
period.
: They didn't, so it reverted back to Joe.

Not correct. The script cannot be sold by the other party without the
option. In contrast, while I have the option again, the script (as the
basis of a film) is owned by the other party and if I were to try and
produce it or if another studio wanted to produce it, they would have
to buy it back from the other party. Any ancillary use of the script
(such as a novelization) would also require that kind of buy-out.

The only exception to this is that under the WGA's Separation of Rights
Provision, the writer owns the physical script...so the script of any
movie or TV show, produced or otherwise, can be published AS a script,
or copies can be sold, because they are the writer's property.

But all production related rights are off the table.

jms

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