[TheGov]

A few years back I wrote some stories for Massive Productions, Scoundrel's old outfit.  He illustrated them and two are now posted on the Awefilms site, all well and good.  They are, however, posted with the notice that they are property of Massive Productions (story, characters and art) and can't be republished without permission.  Well, MP isn't around to give permission!

Can I post my own stories here or, since technically they aren't mine, can I not?  I would hope so.  Also, since I didn't create the artwork, I would think I couldn't post them at all, but (as Dennis Miller would say) I could be wrong.

Any guidance?  I want to do the right thing.

The Gov

[JimmyDimples]

Are any of the heads of the defunct outfit around in cyberspace?  Had you talked to/IMed/e-mailed them?

[iceman75]

I would say sure, you could, I mean you wrote them, they're your intellectual and physical property, you posted them at Massive Productions, yes, but now that site doesn't exist anymore, and your stories were taken may have been taken from MP to Awefilms, look, I loved your stories, your Big Ugly story kicked all kinds of ass! You shouldn't hesitate, just do it! And if they want you to take them down, if they email you and demand you take them down, I'm sure you can still privately email the stories to everyone who wants them, like me!

[Hunter S Creek]

I am not a legal professional but hopefully the following are points worth pondering:

1) What one creates ought to belong to the creator unless one signs away those rights to someone else (and their successors).  If you did not sign away your rights, then what you created is still yours.

2) People copyright things so that they alone can gain from those things with regards to intellectual and monetary credit.  If for whatever reason they have abandoned the mechanisms by which they can reap the rewards, then they have probably also abandoned their desire to continue reaping those potential rewards.

3) How did Awefilms acquire the materials?  Was Awefilms the legal successors to Massive Productions?  When Awefilms did acquire the materials, did they also acquire the rights to those materials as well?  If Awefilms can not prove that they legally acquired the rights to any creation that you may or may not have signed away, then they probably can not stop you from re-exercising your creative rights.

4) If Awefilms does not have the legal rights to the materials and if Scoundrel, et al, are no longer in a position to reap the monetary benefits from those materials that they once shared with you, then a nice acknowledgement of their contribution to those materials ought to be enough if you choose to distribte those materials.

Tschuss!
Hunter

[Fett]

In television, J Michael Straczynski (the guy who wrote Babylon 5) is allowed to publish all his scripts and Warner Bros (they OWN B5) doesn't get a dime.

Because they're HIS scripts. He owns them. They can't be produced without Warner Bros approval, but he can sell the actual script.

Considering this is much more low-key, I'd suggest that if you want to post them, post them. The worst that will happen is Awefilms or Scoundrel will say to take them down – it's no big deal.

Plus, this is more of a legal question, than an ethical one.  😉

[Anonymous]

In television, J Michael Straczynski (the guy who wrote Babylon 5) is allowed to publish all his scripts and Warner Bros (they OWN B5) doesn't get a dime.

Because they're HIS scripts. He owns them. They can't be produced without Warner Bros approval, but he can sell the actual script.

That's his contracted deal with the studio, not a favor 'cuz they like the guy. TheGov seems to not know what he's kind of deal he's made, if any. He doesn't hold the rights to Scoundrel's artwork, certainly.

Gov, in the case of not officially copyrighting the work, it depends on what you were paid for, which should have been specified between you and Scoundrel before you did the work.

[Fett]

From what I understand, a writer owns the scripts, the studio owns the right to production and this is a standard thing (mainly because he says other B5 writers should do the same with their scripts, not just their B5 scripts). It doesn't strike me it's a deal JMS made with WB (how could it transfer to other writers' works in other shows?), but it's possible I was wrong.

[Lingster]

TheGov, if you signed away your rights or agreed verbally or in an email that ownership of the stories was transferred, then you have no right to post them.  But if you did not agree to sell or transfer them, then no one else can make a claim on them, and you have the right to control where they are posted. 

However, Scoundrel's illustrations are subject to the same protections.

[Prophet Tenebrae]

I'd agree with Lingster, if you sell the rights to your story – you're selling the righs to its reproduction elsewhere.

Unless a company collapses, when it gets bought up, those rights are transferred too, I believe.

So as the company you sold your story to got bought – they could own you.

[Anonymous]

From what I understand, a writer owns the scripts, the studio owns the right to production and this is a standard thing (mainly because he says other B5 writers should do the same with their scripts, not just their B5 scripts). It doesn't strike me it's a deal JMS made with WB (how could it transfer to other writers' works in other shows?), but it's possible I was wrong.

No, I think you're right about the scripts and the studios thing, Fett. But I still don't know how relatable it is to TheGov's legal issue (being different mediums)…

[Author]

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