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Topic : Re: Does a writer have any rights to a work that has been completely rewritten by another writer? Does a writer have any rights to a work that has been completely rewritten by another writer? - selfpublishingguru.com

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I see two related issues here:

derivative works
writing credits

The script could be consider a derivative work since the second writer started with the the first writers script. If the second script is changed substantially it could be considered a new work; but if enough of the original story remains it could still be considered a derivative work.

With screenplays, however, the first writer will usually either get a story by, a based on a story by or an original story by credit, and at minimum a shared story credit. This is especially true when the second writer is hired to do the rewrite. In fact the WGA garuntees that for screenplays the original writer (a team is consider one writer) will get at minimum a shared story by credit.

If the second writer doesn't change enough, the first writer may get a shared writing credit. N.b. writing teams are separated with an '&' writers who worked separately on the same script are separated by an 'and' in the writing credit.

Copyright doesn't protect the idea, just the expression of the idea. Copyright attaches as soon as it is affixed to a medium, paper, electronic, or otherwise. No formal/written agreement needs to be made for this to occur. So without an agreement that the first writer abandoned their interest in the work, or ceded interest to the second it is possible that the first writer could claim the work as derivative of their own.


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