Q: I wrote and sold a screenplay but have not been paid. Is the ownership of the screenplay still mine if they fail to pay?
I signed the contracts which gave them full film ownership but reserved stageplay-production rights. Contractually, I was to immediately receive a payment of 50% (a low amount but my first sale). Two weeks later and I haven't received any payment or even a return call. Am I able to cancel the contract for their failure to pay me and regain full ownership of my screenplay?
A: It depends on the terms of the contract re: payment. If payment is never made, then arguably the contract is never effectuated or at least is breached, as payment is either a material contractual term or a necessary precondition that needs to be fulfilled prior to effectuation of the contract. Have a lawyer review the contract's terms. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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