StoryPros International Screenplay Contest
WritersStore.com

Screenwriting Contest Discount Coupons

Subscribe to WinningScriptsPRO

Message Board

Screenwriting Contests Discussion Forum Subscribe in an RSS Reader

Messages posted since 06/10/2010
[Logout]

Topic: Contract Template Question

Author: Erick Mertz Posted: 07/15/10 05:52 PM

So, I've agreed to write a feature length screenplay for a company. Terms are that I'm paid when the producers sell the screenplay. I am fairly confident that this is going to work out as there is a pre-existing book and documentary film attached.

What I need is an example of a contract that would cover these terms. The producer has asked that I come up with one (if I want one in place, which I do, obviously). Where would I find a template for such an arrangement?

Thanks for your help.

Author: Walter Winton Posted: 07/15/10 06:14 PM

On the Done Deal Pro homepage, on the left side there is a section of free resources, including "Examples."

Click on examples and you'll get a list of documents. Near the bottom is "Work for hire agreement."

Here's the link: http://www.donedealpro.com/members/listing.aspx?content_type=1&action=section&section_id=13

I say, fill that out to the best of your abilities and then hire an entertainment attorney to review it. That way, it'll be cheaper than having an attorney draft one from scratch.

Author: Paula Smith Posted: 07/15/10 08:33 PM

I would definitely talk to an attorney. You may just want to make a list of what you want in the contract. Sometimes they have their own templates.

Author: Stephen Hoover Posted: 07/15/10 09:22 PM

Jesse Rosenblatt is a good guy. But... any professional requires money to work. Gotta put some coins in the meter and if this is all spec...

Also, it's the job of the PRODUCER to present you with a contract.

No pay. You're work will be tied up forever as it is based on an existing work -- meaning it's DOA if this project is a no go -- can't take it down the street to shop it.

They don't even have legal documents or an attorney to operate?

And no pay?

Sounds like a big pile of crap.

But that's just my take.

IF this pre-existing book/doc is of huge value (it was a big success/best seller) great.

But anyone can write and self-publish a book. Any idiot can make an indie film (and most do).

Proceeds with caution. If you're young and have another 30 scripts in you to roll the dice, go for it. Your time is cheap.

Author: Erick Mertz Posted: 07/16/10 03:40 PM

The book is set to be published on November 1st with distribution established with Barnes & Noble.

Documentary is coming out at the same time, produced by Black Water Films.

All of these projects are tied together with the producer who hired me to do the theatrical treatment. It's his father's biography I would be adapting.

When I spoke to the WGA they said this was a "normal" arrangement that they frequently saw with young writers.

Does that affect anyone's perception?

Author: Walter Winton Posted: 07/16/10 04:49 PM

WGA is correct. This is very standard with young writers and lower budget companies. When you say you'll get paid "when the producers sell it" I hope you mean "when the producers secure financing."

At that time, you can probably expect 2-4% of the production budget. So, if they're planning on making this for $100,000 you may only get $2000. At which point, it probably isn't worth it because, as Stephen points out, you won't own the rights to the story if the whole thing falls apart. So you should definitely find out their proposed budget.

The trick is to keep the producers honest and motivated. If you worry they won't be able to pull together the finances, leaving you with a script you can't sell that you wrote for free, then you should ask for money up front. That keeps them invested. You can always deduct that amount from what they'd owe you from the production budget, but such clauses need to be spelled out.

Don't count on getting any money on the back end. Distribution is never guaranteed in these situations, and neither is the movie having any kind of box office life, let alone DVD sales. Odds are, the back end will ever materialize, even if the movie is made.

Also, the book and documentary are nice, but they still don't make this project sexy to me. It gives credibility to the project, but it doesn't (yet) offer a built-in audience.

Here are some questions to ask:

1. Are you enthused about the story? Whore yourself out for a big payday, but not for a couple bucks. If this is a project you may be passionate about, then you're not whoring.

2. Do you trust these guys? Do they have hustle? Do they have contacts? Will they make this happen even when they hit problems? Or are they all talk?

and most importantly -

3. How much is your time worth? vs How much can this help your career?

Step back and look at this objectively. This may be a huge opportunity. This may also be 6 months of your writing life pissed away. You have to weigh the odds, the costs, and the benefits.

Good luck!

Author: Erick Mertz Posted: 07/17/10 07:08 PM

We verbally agreed to the LOW amount for a Non-Original Screenplay in the WGA schedule of minimums (currently $54K and change).

Is there a proper way of phrasing, "when the producers secure funding" in a contract anyone has seen?

Author: James F. Hollmer Posted: 07/17/10 07:14 PM

Thats great, go for it. Sounds like you are ready, there are a lot of people who would love to be in your spot. Some spend years entering contests with little or no results.

Great news, all the best!

MovieBytes Registration

Register here to receive MovieBytes' FREE email newsletter featuring contest deadline reminders, contest news, screenplay marketing opportunities, and much more. You can also choose a password to access the MovieBytes bulletin board and other great features. Rest assured, information submitted here is held in strict confidence. MovieBytes never sells or in any way distributes email names or addresses. We promise!

(Please enter four digit security code 1967 to validate submission.)

  • If you're currently a subscriber but would like to change your email address, click here.
  • If you're currently a subscriber but would like to unsubscribe, click here.