Certificate of Auth

I don't know what you have. What contract did you sign? This was likely to be with the company rather than the producer you were dealing with, yes? If not, it sounds as if you need to talk to someone and explain the situation to them, spelling out what you agreed to and what you expect to get out of this as the original author (who also fulfilled his rewrite obligations and has ownership/copyright on all versions).

Then again, isn't Certificate of Authorship an acknowledgement of this? Or does this paper invite you to acknowedge that they own the property?

-Derek
My Web Page - naked women, bestial sex, and whopping big lies.
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

Sure sounds interesting. Okay, so you optioned the script, which means you promise not to shop it to anyone else for the agreed period.

But if they want to make the film, they have to buy the script. They evidently haven't done this, so yes, you technically have them by the you-know-whats, especially if they have already invested resource and want to complete and release this film to recoup their investment.

Maybe it's time you consulted an entertainment lawyer. I sure wouldn't sign anything else until then. But I'm guessing you've already figured this out for yourself!

Sorry I can't be more specific. Hopefully others will correct me if I'm in any way wrong.

-Derek
My Web Page - naked women, bestial sex, and whopping big lies.
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

Amen to that. The internet crowd, even the more knowledgeable people with the best intentions, is not the place to get legal advice. Get thee to an attorney with entertainment contract experience, posthaste. No, it will not be free. Yes, payment arrangement are possible.

Maryn, who wishes you'd seen an attorney in the first place

I think it was always going to boil down to "see a lawyer," but no harm in asking for a friendly sanity check first.

-Derek
My Web Page - naked women, bestial sex, and whopping big lies.
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

GregtheWriter said:

The contract I signed was a one year option to purchase that we executed before it expired.

Click to expand...

so you've already been paid the purchase price?

Forgive me if I've misinterpreted this thread, but it must have been a hokey option for them not to already own the rights.

Exercise of option and payment of the purchase price should constitute the transfer of rights per the purchase agreement.

Wasn't there a purchase agreement and a short-form assignment with the option? The latter is filed with the copyright office once the option is exercised, giving notice of the copyright transfer. Both of these documents would normally have been signed at the same time as the initial option agreement, since the purchase agreement is what is being "exercised".

I am not a lawyer but as you point out above the Certificate of Authorship concerns works for hire (which would include paid rewrites)... I think it is the direct equivalent of a short-form assignment for works-for-hire.

If the option has been exercised and the purchase price (also called the exercise price) has been paid, then the underlying copyright to your original script should already have been transferred. In which case, if they do produce this film and refuse to pay you the bonus based on budget, they may be in breach of contract but I don't think that voids the copyright license... These are two separate things....
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They may be "stealing" your rewrites, but it's hard to see how they can steal a script after already paying you the purchase price. Unless by purchase price you mean option fees? Sorry if I missed something obvious above, I'm a little confused by this scenario.