Perhaps the SS faithful can help me.

Ok, background...

I have been asked by someone i know to write a screenplay based upon a real life story. The likelihood of it being filmed is low but this is a serious attempt at getting a script together and putting it forward. They have been involved with produced feature films.

I enjoy the topic and am pleased to put this together. It's a fun challenge.

However, i wanted them to know it would remain my work until paid, or we agree something.

They now want to document this so that they will have something to promote which they can control. i get the reasons why. They don't want to work together on a project only to find out they can't move it forward.

So, what do people suggest the terms are for writing a script and then being bound to them? Of course being bound to them probably raises the chances of it being filmed so its not all bad.

Whilst there is some money around i am inclined to make the agreement more back end.

My thoughts were;

1] they get a first look of the script and are allowed to make suggestions - i get 3/6 months to write it

2] they then have an option on the completed work - until that point it's mine as i see fit

3] that option would last, say, two years

4] if they took up the option there would a fee .... XYZ .. amount £5k?

5] they could extend the option by paying the same fee for one more two year period

6] if it went into pre production/production i would be created as screenplay writer but they could add up to two new writers (the likelihood is that a company would bring someone new in, i have to accept that, but i don't want to be ditched) and i am invited to all awards ceremonies (had to add that one in just for the dream factor)

7] if produced i would then get XYZ of what?  box office takings , net profit (don't like that one), fixed extra fee - may be the wisest option. suggestions?

8] i would be involved with any prequels, sequels, or spin offs on market terms

9] anything else to consider?

I would appreciate peeps comments, thoughts, and shared experiences.

regards

Actual pay to a screenwriter is usually based on production budget, and usually 3% minimum on budgets less than $10 Million.

Quoted from Dreamscale Actual pay to a screenwriter is usually based on production budget, and usually 3% minimum on budgets less than $10 Million.

Thanks.

I remembered the 3% I just couldn't remember on what.

Ta

Actually, due to saturation, I guess, the norm is more like 2 - 2.5% nowadays.

Your case sound at bit difficult. So, this story is not the person that commissioned you's story, it someone else's life story? I could be wrong, but I believe that writing on commission the writer gets paid half upfront and the other half after completed work. Whatever that sum is depends on what the two of you can agree on. Also, the writer usually has to commit to two rewrites or one rewrite and one polish

The amount the writer would get paid when a production company buys the script would be none. Again, I could be wrong, but writing on commission is more like someone paying you to build a boat. You get paid and build it. The person that hired you and paid you to build that boat, doesn't have to pay you a commission again when he sells the boat. Credit will be yours, but I don't think they have to pay you a second time. Nor does the buyer of the boat.

Sample:

Bill's friend pays Bill 25K to write a script. Bill does.

Bill's friend shops the script and sells it for 300K. That's what the production pays for the script! They do not have to pay Bill an additional 2.5% of budget. They've already paid for the script. Now, you could talk your friend into sharing a percentage with you, but the production company doesn't. Like I said, they've already paid for the script. At least that's how I see it.

Thanks Pia, useful thoughts.

Story - this is a public domain story, which I have a bit of a insight to, but it is taking real life matters. Mind you that happens a lot so it's not novel.

Commission etc - I suppose what I am discussing is what options exist. I doubt they will pay big budget for a script, but they would agree to pay on production. This makes me remember I should protect myself from the assignment of the option to anyone else.

I think the 3% of budget is the line I'll take, the question is how to handle the up front element.

Thanks

Unless the writer retains some or all rights to a script, he/she is out of any 3rd party, sell thru deals. As previously mentioned, they've been paid and have no seat at the table.

An interesting application is shorts. I give mine away for FREE, but retain all rights, ownership and ask for sole writing credit in lieu of cash payment. This generally works well for everyone -- My work gets produced and they get to show off their talents. There is also the off chance someone might even want to turn the short into a feature. NOTE: ARRIVAL was a short before it was a Blockbuster. Don't get too paranoid or greedy, but do read agreements before you sign them.

Quoted from JohnHunter Unless the writer retains some or all rights to a script, he/she is out of any 3rd party, sell thru deals. As previously mentioned, they've been paid and have no seat at the table. An interesting application is shorts. I give mine away for FREE, but retain all rights, ownership and ask for sole writing credit in lieu of cash payment. This generally works well for everyone -- My work gets produced and they get to show off their talents. There is also the off chance someone might even want to turn the short into a feature. NOTE: ARRIVAL was a short before it was a Blockbuster. Don't get too paranoid or greedy, but do read agreements before you sign them.

Thanks

I suppose I'm looking at options, rather than pure sales, hence why I would carry on being involved.

I really appreciate everyone's comments.

Quoted from Reef Dreamer I think the 3% of budget is the line I'll take, the question is how to handle the up front element.

My last two feature options were for 2% and 2.5%. Two different companies.

Question. If the real life story is in public domain, why do you need anyone to pay you to write it? Just go ahead and write it. No?

Quoted from Grandma Bear My last two feature options were for 2% and 2.5%. Two different companies. Question. If the real life story is in public domain, why do you need anyone to pay you to write it? Just go ahead and write it. No?

The story, or should I say, the information, is public.. I have to make it work as a film. They asked me to look at it.

Being an honourable fella I would like to work with them, but I don't want my effort to be abused.

Besides, I would love to see my work filmed so it's an opportunity. We can write as many scripts as we like, but if we have money and a company on our side, that's a unique chance.

I think I have a feel for what works for me.

Hey Bill

I think there's two different things mentioned here.

1) Write for hire, usually for an agreed fee often paid in installments, and as others said this sort of deal doesn't usually entail back-end profit share BUT there's no technical reason it couldn't (you don't get if you don't ask).
I just did this for a Producer in India, we agreed scope of the script did an outline etc, he paid me in four parts as the scipt was written.

But it really sounds more like you are writing on spec - just with someone else suggesting the subject. So...

2) The normal WGA rates are available on their site, they only apply to WGA signatories but can be a useful guide. They have a separate scale for low budget features too. So normal here would be that they would option it from you for a fee (often 10% of final fee), the option agreement would then detail the fee should it go into production. 2-3% are the common range but again it can be anything you agree, so could be a flat 20k. Back end points, I have this written into the agreement for every short I sell/option, even those I let go for nothing (approx 50% of them), it's usually 5-10% sometimes more. Again, no harm in asking... and it's almost always net profit.

So I think your idea is along the right lines... If you can get 5k as an option that would imply 50k upon commencement of production, you might move this down for more of a proit share. I'd suggest one year option, but two is fine as well.

Credits - again unless it's under WGA rules then I believe you can ask for what you like, ask for Written By and go from there.

Sequels, prequels etc... with my shorts I usually just try and retain the rights for myself, then if it were to be sucessful they have to come back to me.

Other things... an Option sometimes details how many re-writes you'll do, any more than that and they would pay you extra. And I do like your idea re Awards next time you will get to Nashville!

Anthony

Quoted from AnthonyCawood Hey Bill I think there's two different things mentioned here. 1) Write for hire, usually for an agreed fee often paid in installments, and as others said this sort of deal doesn't usually entail back-end profit share BUT there's no technical reason it couldn't (you don't get if you don't ask). I just did this for a Producer in India, we agreed scope of the script did an outline etc, he paid me in four parts as the scipt was written. But it really sounds more like you are writing on spec - just with someone else suggesting the subject. So... 2) The normal WGA rates are available on their site, they only apply to WGA signatories but can be a useful guide. They have a separate scale for low budget features too. So normal here would be that they would option it from you for a fee (often 10% of final fee), the option agreement would then detail the fee should it go into production. 2-3% are the common range but again it can be anything you agree, so could be a flat 20k. Back end points, I have this written into the agreement for every short I sell/option, even those I let go for nothing (approx 50% of them), it's usually 5-10% sometimes more. Again, no harm in asking... and it's almost always net profit. So I think your idea is along the right lines... If you can get 5k as an option that would imply 50k upon commencement of production, you might move this down for more of a proit share. I'd suggest one year option, but two is fine as well. Credits - again unless it's under WGA rules then I believe you can ask for what you like, ask for Written By and go from there. Sequels, prequels etc... with my shorts I usually just try and retain the rights for myself, then if it were to be sucessful they have to come back to me. Other things... an Option sometimes details how many re-writes you'll do, any more than that and they would pay you extra. And I do like your idea re Awards next time you will get to Nashville! Anhony

You're a star.

I'll think this through over the weekend.

Isn't it great I can just check in here and get such feedback!

Yep, SS is an amazing place!