Q: What happens if you co-wrote a screenplay and intend to sell it, but your co-author goes insane (not a joke) and MIA?
I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s MIA? I’ve always intended to direct the project, but I need a clean chain of title on the script. Are there legal ways to gain control of copyright if the co-author has gone insane or is missing? This is of course, a slippery slope. How do I move forward ethically?
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A:
Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all documentation related to your collaboration, such as emails, drafts, and any agreements about the screenplay. This evidence can support your claims of co-authorship and intentions for the project.
To move forward, you might consider trying to reach out to any mutual contacts who may have information about your co-author's situation. If there’s no response, you could explore options like filing for a legal declaration of incapacity, which would require you to demonstrate their inability to manage their affairs. This process can provide you with a clearer path to gain control over the screenplay, but it may involve court proceedings.
Ethically, it's crucial to approach this situation with sensitivity to your co-author's mental health. Consulting with an attorney who understands intellectual property and mental health issues may help you find a balanced way to proceed. They can guide you on how to protect your interests while being respectful of your co-author's rights and well-being.
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