Let's be careful out there

Twin Peaks co-creator Mark Frost has prevailed in a legal argument over film rights. In 2008 film producers MVP Productions negotiated to purchase the rights to Frost's book The Match. A year later, says the The Hollywood Reporter, attorneys representing both parties had made statements in the affirmative:

On April 30, 2009, William Jacobson, the attorney representing MVP, proposed certain terms and stated, "Let me know if this is okay and we'll send paperwork..." Alan Wertheimer, representing Frost, responded, "done....thanks!"

Later, Frost decided he did not want MVP to make the film. ('Allegedly,' says THR, 'Frost felt MVP's execs were "dishonest" about their industry experience.') But in light of their discussions, the production company argued that a deal had been made. Now, after litigation, a California court has ruled that the author was in the right:

According to the latest ruling, it is undisputed that [Frost's attorney] didn't have actual authority to transfer the copyright.. but MVP argued there was a triable issue whether he had "ostensible authority," roughly meaning that appearances were made so as to lead others into believing the presence of a true authority.

But the appeals court says it doesn't matter. The only thing that matters is actual authority, which only comes through a writing signed by the copyright owner. 

I think every writer has an interest in stories like this -- particularly that last sentence.

Hollywood writers are typically portrayed as victims but that's less often the case in real life. I recently attended a seminar by Brian Helgeland who roundly trashed the notion that studio executives and writers don't get along. 'Executives are very smart guys,' he said, respectfully. 'Even if they don't get story.'