So I got an email... - Print Topic

So I got an email from someone representing someone else and they say they want to purchase the IP for a feature of mine, to put in their expanding catalogue.

Anyone had anything like this, and is it normal?

I really wanted to know if this is genuine and what I'd be giving away by selling the IP? I've never heard of selling the IP before.

I've asked to see any contract first of course.

Any info or help would be appreciated.

Someone else wrote the same thing on another thread yesterday. I'll try and find it.

Because of the similar wording to yours it sounds a lil' dodgy to me.

Nick Zing's post right here, mentions Rep re IP.
http://www.simplyscripts.net/cgi-bin/Blah/Blah.pl?b-screenwrite/m-1254958906/s-45/

And I've had contact from a writer directly about this, so that's 3 people so far that have been contacted...

Buying an IP is interesting and unusual, my understanding is that it really means they are buying the characters and ideas in your script and may make a movie from them rather than the script itself, so they could hire someone to write a script that's very diifferent to yours, fascinated to see what is contained in the contract!

Keep us posted on developments and if I can help in anyway just PM me

Sounds shady, and it seems like you wouldn't be receiving any credit for your work. They'd just use it for their own ends. I suppose if...
-they actually offer money and you can verify for certain that they'll pay/the checks will clear. And if...
-you don't mind potentially not getting your name credited...
... it may be up someone's alley. I'd stay away from it, though.

-Julio

I'm currently waiting to see if they send me a copy of the contract so I can see what I'd be giving up. I'll keep everyone posted.

I think it would be hard to sign away a feature that will be torn apart and then never be able to use anything from it again, even if I got paid for it.

So the contract states that they would be purchasing everything to do with the script, characters, story, name etc which they would be free to use however they like. I would only get a credit as 'created by' if it was deemed they used enough of my work. I'd be surprised if I get any credit and letting it go forever with no guarantee they would use anything substantial would be hard. They are offering to pay me though...

That's what I assumed they meant by IP, so that also means they can do multiple works from the same script, sequels, TV etc...

As it is not a WGA contract then I believe you can ask for whatever you like, so their suggestion to give you 'created by' credit could be written in as a minimum rather than if they deemed they'd used enough.

I'd also suggest you view any monetary offer as a first offer and ask for more... and upfront if that's not what they plan.

Ultimately you're going to have to decide if you want to give total control of your property over to them, with no guarantees...

Pay you how much exactly?

It all sounds very dodgy to me. Not enough information imh. Do you give it all away (for a sum, obviously) and then they claim it as their own?

Does this not sound iffy to others?

Yes, it does, but it also depends on how much $$$s and what the exact contract says...

Anyone considering needs to be clear on the following in my opinion
1) Exact rights been bought.
2) Credit writer will receive
3) Payment amount and when paid
4) Clarity on sequels, remakes, other media etc

That sort of thing,,,

If you're not happy with any aspect of that they propose, challenge back and/or don't go with it.

My thoughts anyway

Quoted from alffy

I was so excited that someone wanted to buy a short of mine, I eagerly signed the contract. What did I sell? Everything! I demanded sole writing credit, but other than that, I gave up everything. I was happy! I never cashed the check either (yeah, I know, I'm stupid). I decided to keep it since it was my first one...

So, I gave up all rights to all the character, the story and everything. No big deal? One of the biggest mistakes I've ever made since I started writing. The guy never did anything with the script and it was a great script. I've been asked many times what happened to the script, because people really liked it and remembered it. I've wanted to shoot it myself. I really liked the script too. One of my better ones. I have definitely suffered from seller's regrets with this one. I guess what I'm saying is, it's flattering to be offered money for your work, but think long and hard before giving up all rights to your work. You might change your mind in the future. It is your baby after all...

Think we've all done that Pia!

I've only just finished the script so am still excited by it, meaning giving it up wold be very hard, especially as it may never see the light of day again...or worse, it does but with changes and I got no credit...and it's well received lol.

They are offering $2000 but I need to look over the contract. To be honest as I was buzzing at first but the more I think about it I don't want to lose it forever. I was actually thinking of finally entering a few screenwriting competitions and this would be one I would have entered.

The company is TDG Productions. Has anyone heard of them. They seem to be listed as an English company but also have a Dutch address, but offering payment in $'s. It all seems a bit shady to me. I keep thinking they will just slap a new writers name on it and that's that lol.

Quoted from Grandma Bear

Remember Babz?  She once told me about selling my short script for nothing (or small amount).  She said it wasn't a big deal except... What if I had created this cool character?  So good that everyone loved it, it became like Die Hard where there were multiple movies, merchandise, etc.  I would've just sold everything off for just about nothing.  It was good advice and I always think of it.  I still might sell a script for a small amount, but I will always pause before I do.

Look at Breaking Bad.  Saul didn't come into the series until the second season, and yet now is a successful spinoff.  That could be one of your characters!

Selling just the IP means they really like the character(s) you created and that does mean something about your story, writing, etc.  You should be proud of that.  You should at least run it by a lawyer or two.  Better call Saul!!  ;D

Good luck with it and be proud you made something people are interested in!

They have a Facebook Page but no presence on IMDB.

Unless you are cash strapped, I wouldn't do it.

Be very careful. If they ask for personal information (bank account details etc.) to 'transfer' the money or require any money up front from you then run away!!!

Just got a very similar email:

Quoted Text

Hi Mr. Lambertson,

I'm XXX speaking on behalf of a production company regarding your script listed on Simply Scripts. Reaching out to see if you’d like to sell the ownership of this IP. If so, what’s your price range?

We are building an exclusive IP catalogue and your project would be a nice expansion to our collection. Depending on if or not we can secure the right team and investor, it has the possibility of being made into a feature film.

Don’t hesitate to ask if you have any questions or concerns. Looking forward to your reply.

Best,

My reply:

Quoted Text

Hi, XXX: Thanks for reaching out.

While I appreciate you interest, I only offer my scripts for purposes of having them made as a film under a standard option or purchase agreement and always seek to retain full rights as the writer. I am not sure that matches your objectives. Should you ever be interested in actually entering into an agreement to produce this film, please let me know.

Thanks again for your interest and all the best to you in your endeavors.

Will let you all know if I get a response.

I really hope that Cabin feature wasn't bought by these guys. I'm intrigued as to what the scam could be, assuming there is one.

The optimistic explanation is it's just some people who really want to make a film but have no idea what they're doing (and have a lot of money burning a hole in their pockets).

The less optimistic explanation might be they're buying rights to pass them off as their own (which, it technically would be) and shopping them to production companies to turn a profit.

Although, that doesn't seem like a smart plan... assuming they could even get interest on a script I'd think the acquiring company would have concerns over the transfer of rights based on whatever shady, non-standard contract they made with the original author.

I can't make sense of any of it. But I'm intrigued.

Quoted from MarkItZero

They did have a real name (company established in 2016), an IMDB listing (one animation feature in 2016 - but the contact info was blank) and an address in Los Angeles.

I am guessing that, if legit, they are doing something akin to buying concepts that they will re-pitch as their own somewhere down the road and are picking them up from writers desperate to sell something. It's kind of odd. Anyway - will let you know if I hear further from them.

This was there response:

Th

Quoted Text

anks for your reply. We are looking to buy out the script and all relevant merchandise copyright altogether. You will have the writer’s credit if the script is turned into a film. Sorry but it looks like we are not the perfect match for each other.

Thanks again and best wishes to the stor

Oh, found this thread.

A company (DFG) contacted me today regarding for an IP catalog. I asked them why don't they want to option the script first. Their reply was that they want to build a pool of future selections and they have several features scheduled for production in 2018-2019. My answer was that they contact me closer to date when they are free of productions and that I don't want my work to be in a catalog.

They said they were a financier company and keeping it low profile.

Bottom line - I refused.

Hi everyone, chiming in here to provide some insight from the perspective of someone who actually sold a script to TDG and am now a little unsure of my decision. Like MarkItZero mentioned, I wrote that script called the Cabin, and TDG reached out to me and offered to buy it for the same IP catalogue that many of you noted above. almost the same email in fact.

The only difference is that we went back and forth a few times and I requested "Written by" credit as part of the contract. Of course, since they now own the IP, they could do what they want with it and claim it's re-written enough to not warrant the "written by" credit, but still, it's an added provision that at first made me feel a little safer.

When it comes to payment, they offered a little more (not much) than the prices discussed above and offered to pay it either by wire or by check. Fearing the same things you all noted, I asked for a check, which they did send and which did cash with no issue. Never requested routing information, account numbers, or anything like that, so there's no feasible way they could be stealing from me in a literal sense.

That being the case, I'm a little unsure as to what the potential scam could be. I had the same concerns as many of you, but now my biggest worry is that this may just be a case of a newly formed company being overly optimistic without having much of a realistic plan in place. I've seen it happen before where a company will be well intentioned as to their plans, but overall can't follow through and so the script becomes eternally tied up, and I'm worried that's the case here.

Did I jump the gun? Probably. But at the same time I have some money in my pocket for a script that probably wouldn't have seen the light of day otherwise. It's not a huge return, but so far I haven't been able to figure out what the scam could be if there is one.

Quoted from khamanna

Loops like they're making the rounds

Their last email said they might contact me in the future. They are nice at the very least.

@Nate - good for you and congrats on the sale. I care about this particular script they wanted, if it was any other I'd probably just sell it to them.

Hey Nate,

If it was my post in particular that got you worried, I’d note that I haven’t been doing this whole screenwriting thing for long and I have a grand total of zero credits to my name. So I don’t actually have any idea what I’m talking about. I probably shouldn’t have chimed in at all with my random theories.

There are other people on here with a lot more experience with sales/options. I mentioned your script just because I enjoyed the read a lot and wanted someone to do the script justice. I’m hoping it turns out great and gets made into an awesome film.

Worst case scenario, it doesn’t get made and you write another script down the road that will. No one can take away your talent.

Best of luck.

Add me to the list...

Quoted from khamanna

Yes - I corresponded with them and they were timely and professional

The thing here that all writers should be aware of is that there are a LOT of wanna be producers/directors that start their own production companies. Starting your own production company is something anyone can do. A couple of hundred bucks if you do an LLC. From what I've learned, and as always there are exceptions, these people option or buy scripts cheap from eager writers, then put those scripts in their portfolio and post them on imdb. This does not in any way mean that the film will be made at all. These people take your script and "own" it for a few years or forever depending on you optioning it or selling it. During this time, these people will try to shop your script at film markets and also make themselves look like they have big shit going on and they are a real production company. I've had three features that I've sold or optioned to companies like this. They're just hoping to get some interest in anyone of their scripts in their portfolio so they can make a film. Any film. Most fail, btw.

If you have imdb Pro, look some of these people/companies up. Often they have 5-12 scripts listed, but none are in pre-pro. They are just hoping that they can get funding for any of their scripts. Meanwhile, the hopeful writer have given away ALL the rights to their scripts. I could list several SS members who have done this, me included. It really is a BAD thing for writers. We get hopeful and let people take our scripts to sit on them...for years. I won't do this anymore. I option scripts for 12 months max. If they can't prove that they are actively working on the script getting made, it comes back to me. Don't fall for this. Look the company up on imdb Pro. If they already have several scripts listed and none are filming or in post, then they are just script hoarders that hope to find funding for any of their scripts in their arsenal. Any.

Also, if you ask them any questions about your script, like, what did you think about Alice killing her mother, most likely, they have no clue what you're talking about, because they haven't really read the script.

Sorry if I seem bitter. I'm not. Just seasoned. :)

Totally agree Pia... and I don't think there's ill intention from anyone, just unrealistic expectations of what is required to make a film.

Quoted from Nate

Nate, I hope very much that you were well compensated for a feature length script.

Quoted from AnthonyCawood

Totally agree Pia... and I don't think there's ill intention from anyone, just unrealistic expectations of what is required to make a film.

I think this pretty much sums it up for me as well. Good intentions, but probably unrealistic expectations.

This thread has been really helpful!

what's the minimum we should ask for a frature then? I've heard about 3% of the total budget but shouldn't there be a minimum? I'd think no less than $3,000, but please don't throw rotten tomatoes at me. Russians say 4 by the way - I asked and that's been the answer several times.

3% is generous. 1.5% is more realistic. As for a minimum, there's no standard, it's whatever you can let it go for.

Quoted from khamanna

Hmmm. It's complicated I think.

So, there are Writers Guild Minimum ranges -check out page 1 here:

http://www.wga.org/uploadedFiles/writers_resources/contracts/min2014.pdf

But those are for WGA members and for producers who honor the WGA agreement. At least it gives you a sense of the ranges.

So, as newbie writers and more than likely newbie producers - the above ranges are probably not going to apply. My researched has indicated that 2.5% to 3% of budget is pretty common. . I have only negotiated one option. The key points I added negotiated were as follows:

- I receive sole writing credit (I did not want someone making changes and all of a sudden they could be considered a co-writer).

- Included Reversion rights (rights go back to me if film is not made with xx amount of time).

- 6 month option period with another 6 month extension available AT WRITER'S OPTION. i.e., production company could not unilaterally extend.

- Option exercised = 2.5% of budget plus a 5% share in the Producer's Pool.

Note: a good article on the different "pools" is here:

http://www.producersguild.org/blogpost/1292125/224031/DEALMAKING-DONE-RIGHT-A-Back-to-Basics-Approach-to-the-Byzantine-World-of-Waterfalls-Hurdle-Rates-and-Preferred-Returns

Of course - after I win an Oscar I will set my own rates :)

Yeah WGA minimums would be nice - I'd like myself some of that)

I guess I'm taking that "minimum" talk from Russian culture. And I think it's a good thing they have there. Granted I know a girl who just gave away her script - but from there to here from here to there funny things are everywhere.

I really like your negotiation points. Especially Reversion rights clause. Thanks for sharing.

And characters remain your property at all times, right? That's how I sold a few shorts. Never sold a feature, so wouldn't know.

Quoted Text

And characters remain your property at all times, right? That's how I sold a few shorts. Never sold a feature, so wouldn't know.

Only up to the point that the sale is consummated - after that - it's theirs (other than the reversion should they not make the film).

Quoted from eldave1

My researched has indicated that 2.5% to 3% of budget is pretty common.

How can a screenwriter be sure about the budget, though? Are the numbers provided by the producers reliable?

Quoted from Athenian

How can a screenwriter be sure about the budget, though? Are the numbers provided by the producers reliable?

It it tough. One can set a minimum if they want. e.g., XX% of budget but in no case less than $$$$$

Negotiating with them now - hopefully it results in a deal...

Any negotiation is just that... so ask for what you'd like, but consider what you'll move on and what you wont move on... Dave has suggested some good ones to consider.

Minimums... there are none, as it all depends on what you are willing to accept. If you are convinced that a producer is going to make your film would you do a deal based purely on % of profits? Technically you'd have nothing but a credit and the slim possibility of some money down the line... but if it's your first feature... would you do it?

Personally my two optioned features are both % of budgets with estaimated budget ranges already discussed... and of course they could go nowhere, that's just the reality of film making.

AJR - best of luck, keep us posted.

Quoted from ajr

Negotiating with them now - hopefully it results in a deal...

Best of luck

Ultimately we couldn't work out a deal. So I can't say positive or negative at this point.

I got one too today. Same email, different company though.

Quoted from Cacutshaw

I got one too today. Same email, different company though.

That's odd - wonder if collecting IP is becoming a cottage industry?

Even though the company is under a different name, I suspect it has the same mother company as the others.

Quoted from Cacutshaw

Even though the company is under a different name, I suspect it has the same mother company as the others.

Probably a good assumption if it is the same email. So, what are you going to do?

In negotiations now. I'll see if we can come up with something we both can find fair.

It's kind of funny, I got an email shortly after from a young man who really enjoyed my script, and I love his enthusiasm, so if we can't come up with something we both find fair, I'd happily let the young man shoot it.

I'll keep you posted.

One more thing to add. After I signed the contract with this group, they registered the script with the WGA under my name and used my contact information on the submission. Obviously, they can claim it's rewritten and give another writer credit for the film, but this still made me feel a little better about their intentions based on this first step.

Be careful here. I know of criminals that use the film industry for fraudulent scams. They get an innocent writer on board with a script, then use that as leverage to apply for funds from various places. Once the funds are received, the gang disappears and the only link to them is the writer.

That sucks. Can't trust anyone anymore. Then again, never trusted anyone online to begin with.

Sometimes there are other attachments aside from the writer too. Anybody willing to work for free is at risk of falling for one of these types of scams. Whether that be writers, directors, actors or editors.

One gives the appearance of a definite film in the works and the more attachments there are, the more credible the project looks.

Always be sure to get an option fee at the very least for a feature. A grand or two may not be much, but it can help determine the wheat from the chaff.

Quoted from DustinBowcot

Generally agree with a minor exception. Students/newbies - I have received requests to use one of my shorts by a student/grad student or someone just starting out of college. I have permitted this with no payment but there is an agreement that I own the script, they have no rights to it, I may give the script to others, etc. i.e., not really optioning it to them - just allowing them to have non-exclusive use of the material.

Would never do the above for a feature

I've never been paid for a short and have let 11 of them go so far. Nobody makes anything from a short, they're all about showing off. So I'm there for the same reason as everyone else. To be paid too would be greedy, IMO.

I've been aware of this type of scam regarding features for a number of years and think I was involved in one up to a point. I jumped ship as soon as I smelled something fishy. I also hadn't written anything on the project.

Some of these guys go as far as setting up fake publishing businesses. They can do lots of things that give them apparent legitimacy.

Quoted from DustinBowcot

Yup.

The fringe writing industry is no different to me then the - "How to make millions in real estate people", the "How to pick stocks people" - the "Send me your donations and you'll go to heaven people." - The "I will tell you which team to bet on people.". They all prey on ambitions one way or another and would all be doing it rather than selling it if they were any good at it.

Not near an expert in this area (farthest thing from it) - but to me shorts serve three purposes -
you have a real shot at getting them made and there is a high from seeing what you wrote on a screen - it can be motivating and personally rewarding. (2) they are little building blocks that you can point to when trying to sell a feature. (3) They are great tool to get better at the craft.

i.e., I would give shorts away - never ever a feature.

So I cashed the check today. And talked briefly with a guy who worked with them. All seems well.

I sell most of my shorts, no set price, depends on the producer/film maker... I will occasionally give them away, usually to students, but otherwise I see no harm in asking 'what's your budget for purchasing the script?' The money then goes into Inktip subscriptions, competition entries etc.

Like Dave, I'd never give a feature away, and that includes doing deals that are based purely on back end points and also not writing features on commission for free... time, effort and creative energy is expanded and that should have some value.

IMHO of course ;-)

Hope this particular company and their somewhat unusual business model are legit and get some films made for the SS members hwo've signed up.