Maybe this should be going in the sticky thread about receiving emails inquiries, but that seems more like a compendium of advice rather than Q&A. I've been using that thread, particularly Phil's recommendation of these conditions:

1.  I get sole writing credit
2.  I make all changes in the script, or they're done with my approval
3.  I get two copies of the finished work on DVD
4.  The director keeps me advised as what's happening
5.  I retain the rights to my script

Problem is people really do not like #2 or #5. One person took offense to the idea I might be telling him what to do in regards to changing the script. I assured him that is not what I intended and we could remove that condition entirely... he has not responded.

Then I got this response from another person:
1. Yes
2. No, as Producer (money man) and Director (creative man) I cannot give you approval for changes nor should I have to ask for your approval to make changes.
3. Sure, but most people want a digital copy (full HD) instead of a DVD because a DVD is actually pretty low resolution in comparison.
4. Of course, but I would not be asking for any kind of permission or approval.
5. Um, nope.  What exactly am I paying for, if I don't have the rights?

Mr. Barron, at this point I'm inclined to just pass due to these conditions.  Good luck, as I'm sure somebody else will agree to them.

He then did not respond to my profuse apology email in which I reiterated I was new to the process and simply following the recommendations of more knowledgeable individuals. I suggested he just tell me whatever terms he wanted, no response.

When someone asks for terms I am always honest and upfront that I am new and completely open to negotiation...

Are these out of date for the industry now? Am I doing something else wrong?

I think those terms can label you as difficult to work with. I tend to be too easy too work with. Give stuff away and such. IMO, my way gets you more films made and they will often contact you again for more scripts.

Demanding a DVD should definitely be dropped. A lot of people now are shooting 4K and the files are just too big to compress to DVD. Digital files is the norm now, I believe. Unless it's a major studio film.

I also wouldn't demand that a director keeps me advised on what is happening. You're not making this film, but if you're easy to work with, they might do that anyway, just to be nice.

I do demand sole writing credit though and I do give up all rights to a script if they buy it from me.

Good luck with your script.  :)

Quoted from MarkItZero Maybe this should be going in the sticky thread about receiving emails inquiries, but that seems more like a compendium of advice rather than Q&A. I've been using that thread, particularly Phil's recommendation of these conditions: 1.  I get sole writing credit 2.  I make all changes in the script, or they're done with my approval 3.  I get two copies of the finished work on DVD 4.  The director keeps me advised as what's happening 5.  I retain the rights to my script Problem is people really do not like #2 or #5. One person took offense to the idea I might be telling him what to do in regards to changing the script. I assured him that is not what I intended and we could remove that condition entirely... he has not responded. Then I got this response from another person: 1. Yes 2. No, as Producer (money man) and Director (creative man) I cannot give you approval for changes nor should I have to ask for your approval to make changes. 3. Sure, but most people want a digital copy (full HD) instead of a DVD because a DVD is actually pretty low resolution in comparison. 4. Of course, but I would not be asking for any kind of permission or approval. 5. Um, nope.  What exactly am I paying for, if I don't have the rights? Mr. Barron, at this point I'm inclined to just pass due to these conditions.  Good luck, as I'm sure somebody else will agree to them. He then did not respond to my profuse apology email in which I reiterated I was new to the process and simply following the recommendations of more knowledgeable individuals. I suggested he just tell me whatever terms he wanted, no response. When someone asks for terms I am always honest and upfront that I am new and completely open to negotiation... Are these out of date for the industry now? Am I doing something else wrong?

I wish you'd have sent me an email about this beforehand. I've helped a few writers with their first contracts.

Once somebody has brought your script they're then entitled to do as they please with it. I sold a feature not long ago, and from what I've heard so far, the end result won't be my original script. Nothing I can do about it.

The DVD thing makes you sound like an amateur. As stated, you'll get a high resolution copy. When I made my first short film the raw file is over 90gb. A DVD is what... 1gb for a short? So, imagine how much compression (and therefore loss to quality) goes into that.

When you sell a script, you're selling the rights to it. If you're giving it away free then you would want to maintain the rights.


Quite a few members here have real experience in contract negotiations. Don't be afraid to contact us to ask advice.

Quoted from MarkItZero 5.  I retain the rights to my script 5. Um, nope.  What exactly am I paying for, if I don't have the rights?

His question is perfectly valid.  Is it an option or a sale?  A feature or a short?

I, too, wonder what it is he is paying for.  If money is changing hands, he should, indeed, be getting something of value.

When you "retain the rights", Phil is talking about an arrangement where no money is involved.  You are just saying, "Yeah, sure, go ahead and film it."  Many of us do that with student filmmakers all the time.

If it is a short script, go ahead and sell the rights for a nominal fee.  Or give him an option for even less.  Nobody is going to be making any money off a short -- and any money they can scrounge up, you want that money on the screen -- in the form of production values -- not in your pocket.  That's my thoughts, anyway.

Now, a feature is a whole different beast.  Unless you are writing entirely for the fun of it -- and getting screwed is really of little consequence -- then you need an attorney, not a message board.

If you're talking about your demons 101, what I suspect is maintaining something akin to what Lucas did with Starwars. Now you aren't Lucas and aren't in his situation back then, however you do have a couple characters and a story that are worth something, in my opinion. Hence Bert's advice is sound.

Once money hits your hands, the rights to your script hits theirs.

You can sell the rights to your short script but no other exploitation of it, i.e. no prequels, sequels, remakes, TV adaptations etc. I've written this into a fair few of my options.

If you aren't selling it and it's a freebie then offering 'non-exclusive' rights is fairly normal, but a Producer may not be happy with this (even though they are not paying)... then it's up to you if you want to proceed.

If you are worried about losing out commercially on a free option then you can always build in a back end element, e.g. 10% of any profits.

Personally I try and build a back end % into both sales and feebies... just in case Netflix buy it!

I wrote an article touching on some of this, might be useful http://www.simplyscripts.com/2015/05/08/youve-finished-the-damned-script-now-what-anthony-cawood-primers-for-a-networked-world-part-6/

Remember though, it's your script... if you're not comfortable with the deal, don't take it.

Anthony

Thanks for the quick feedback everyone. I wish I had emailed you Dustin or asked someone before I went in blind. That was really stupid of me. The only term I actually even care about is getting the writing credit so from now on that's all I'll ask for.

As for Bert's question --
It was a short script sale. At least I think, he offered $50 to "buy it". Which I guess means outright buy all the IP rights to my script forever.

I realize now that Phil's #5 term is referring to something completely different. Where basically all the Director gets is the right to film it... which I guess is only common for student filmmakers.

Whereas an option, as far as I can tell, is a temporary thing where they might have the rights for a period of time (like six months)... then if some condition isn't met (maybe the funding hasn't been achieved)... the rights revert back to me.

So far as I understand it there are three choices:
Sale
Option
Free Usage Agreement

Basically the third is not something I should ever bring up with a serious, experienced filmmaker. And if anyone is offering me money I should assume they want to straight up buy all the rights unless they say anything about an option. That sound about right?

I think if they're offering you money then they may have necessary funds to make your script into something worthwhile. Not true in all cases, but just saying. I've had a couple of recent options, and much like Pia, I was easy to work with and not demanding. I have them a one year option to make it, when that ends it is free to be optioned again. Meaning within that option period it is theirs, I cannot option it to anyone else. The one thing of course I'm adamant about is sole writing credit, stating that I receive that regardless of any changes the filmmaker or anyone sees fit to make to the script.

Quoted from AnthonyCawood You can sell the rights to your short script but no other exploitation of it, i.e. no prequels, sequels, remakes, TV adaptations etc. I've written this into a fair few of my options. If you aren't selling it and it's a freebie then offering 'non-exclusive' rights is fairly normal, but a Producer may not be happy with this (even though they are not paying)... then it's up to you if you want to proceed. If you are worried about losing out commercially on a free option then you can always build in a back end element, e.g. 10% of any profits. Personally I try and build a back end % into both sales and feebies... just in case Netflix buy it! I wrote an article touching on some of this, might be useful http://www.simplyscripts.com/2015/05/08/youve-finished-the-damned-script-now-what-anthony-cawood-primers-for-a-networked-world-part-6/ Remember though, it's your script... if you're not comfortable with the deal, don't take it. Anthony

Very helpful article, Squire - I have copied and saved - thanks

Quoted Text James, while I think you were crazy to submit this out of date and vague list of terms, this dude's tone and not coming back to you after an apology makes me wonder if you dodged a bullet here.

I had the same thought CJ. Had the note been sent back to me it would have generated a well- fick off then for sure.

Quoted from eldave1 I wrote an article touching on some of this, might be useful http://www.simplyscripts.com/2015/05/08/youve-finished-the-damned-script-now-what-anthony-cawood-primers-for-a-networked-world-part-6/

That is extremely helpful. Thought I read all parts of Anthony's guide but apparently I missed this one. I am officially buying his E-book now.

Also, that other interested party apparently hadn't soured on it and just got back to me. So I think things are gonna work out in spite of my monumental stupidity.