Hello more experienced people

I have been approached by a director interested in making one of my shorts, all new to me.

Anyway, in the emails, they mentioned a contract.  Do I need one of these, is it standard practice?

No money is changing hands, the rights to the script will remain mine, they are just making it.

My only terms would be that I am credited with writing the thing, and that I can use the finished film for promotional purposes for my writing.

Any help much appreciated

Matt

Why not have a contract? Protect your interests. State what's important to you.

I once got emailed from some film students to shot a short I wrote. I said - fine. Then they sent me what they filmed it was like 20% what I wrote. They changed my dialogue, my story structure, my story. Yet, I was credited as a sole writer for something I really never wrote.

Thanks for the reply

I'm not anti contract - just curious as to what is the norm.

I mean, I have stated my terms over email - is this enough? if verbal contracts are a thing, then why not emails

I'm sure I can find a stock contract online that I can adapt - What sort of things do people put in them?

I’ve had a few shorts filmed now and I still have several others 'optioned', I did contracts for the first few and then I stopped bothering, obviously this wouldn’t be the case for a feature. I just state I want credit, I want to maintain the rights, and get a copy of the film. I find that more fall through than get made so an email 'contract' is much easier than sending paperwork back and forth.

As a hobbyist writer with no real intentions of trying to progress my career, I just like seeing my stuff made. I think if you are serious about it then contracts potentially give you the option of locking in some things that are important to you about the film.

I’d be happy to send you the template of a contract I've used in the past. Just PM me your email and I'll send one over if you like.

I will do contracts for short if the producer/director wants to but I'm just as happy with an agreement on email... here's what I did for selling one last night.

1) You are purchasing a one time usage right to the script, so excludes sequels, prequels etc.
2) Rights return to me after you’ve made the short from it or after XX years if not made.
3) Price is $XX for these usage rights, plus 5% net profit share.
4) I’ll receive ‘Written by’ credit on the finished film.

Relatively simple and the producer was happy with it.

Went from them contacting me via Inktip to sale of script (Motion Sensor) in just under 5 hours ;-)

As Warren said, different for features.

Here's what I use for Free options of shorts - you can easily modify it for paid options.

PREAMBLE
There is an agreement below. What is means in plain language is that you get to make a film from my script for free. However, I retain ownership of the script unless at some time in the future you decide to pay me for the script and I decide to accept your offer. It is crafted in a way to allow students and new filmmakers a chance to film something at no cost for the written material.  Here are the terms:

AGREEMENT
I, David Lambertson,  grant  (name of student or producer) permission to use my screenplay (title of script)  for purposes of creating a film version of the story.  No payment is required for this permission.

This permission is not intended to transfer rights to the script or otherwise create an “option” to own the script. It is simply intended is permission to film the story. This means:
•     The script remains the property of David Lambertson.
•     David Lambertson at his sole discretion may allow others to use the script.
•     David Lambertson may sell the script at any point in the future.
•     At any time, David Lambertson may submit this script to contests at his discretion and any and all proceeds from contest awards are 100% his.

Nothing in the above is intended to impede or restrict the filmmaker’s (insert name) ownership of their completed film or infringe on their rights to that product. In other words, if they (insert name) complete a film based on the free permission granted to use the script,  any subsequent use,  sale or option of the script by David Lambertson to any party does not infringe on (insert filmmaker’s name)  use of the script for their film.

Unless otherwise indicated below, (insert name of filmmaker) is entitled to all proceeds and awards from festivals that the completed project is submitted to other than any and all awards that directly relate to writing. Those belong the David Lambertson.

David Lambertson will receive sole and full writing credit for the script and will be recognized in the credits as the sole writer on the filmed version as well as in any future marketing efforts, submittals to film festivals, IMDB profiles and all other public displays of the script or the film.
No changes or modifications to the script will in any way create a co-writer credit. David Lambertson is the sole writer.

The filmmaker (insert name here) agrees to complete the film within (indicate time frame) of receiving this permission and will provide David Lambertson access to the completed project through either a hard copy (DVD) version or a link to a web-site hosting the film.  
The filmmaker (insert name) may at any time within (insert timeframe) tender an offer to David Lambertson to option or purchase the rights to this script. Whether to accept such an offer will be at the sole discretion of David Lambertson.

Should the film not be completed within (insert timeframe) the permission to use the script is revoked.

Quoted from eldave1 Here's what I use for Free options of shorts - you can easily modify it for paid options. PREAMBLE There is an agreement below. What is means in plain language is that you get to make a film from my script for free. However, I retain ownership of the script unless at some time in the future you decide to pay me for the script and I decide to accept your offer. It is crafted in a way to allow students and new filmmakers a chance to film something at no cost for the written material.  Here are the terms: AGREEMENT I, David Lambertson,  grant  (name of student or producer) permission to use my screenplay (title of script)  for purposes of creating a film version of the story.  No payment is required for this permission. This permission is not intended to transfer rights to the script or otherwise create an “option” to own the script. It is simply intended is permission to film the story. This means: •     The script remains the property of David Lambertson. •     David Lambertson at his sole discretion may allow others to use the script. •     David Lambertson may sell the script at any point in the future. •     At any time, David Lambertson may submit this script to contests at his discretion and any and all proceeds from contest awards are 100% his. Nothing in the above is intended to impede or restrict the filmmaker’s (insert name) ownership of their completed film or infringe on their rights to that product. In other words, if they (insert name) complete a film based on the free permission granted to use the script,  any subsequent use,  sale or option of the script by David Lambertson to any party does not infringe on (insert filmmaker’s name)  use of the script for their film. Unless otherwise indicated below, (insert name of filmmaker) is entitled to all proceeds and awards from festivals that the completed project is submitted to other than any and all awards that directly relate to writing. Those belong the David Lambertson. David Lambertson will receive sole and full writing credit for the script and will be recognized in the credits as the sole writer on the filmed version as well as in any future marketing efforts, submittals to film festivals, IMDB profiles and all other public displays of the script or the film. No changes or modifications to the script will in any way create a co-writer credit. David Lambertson is the sole writer. The filmmaker (insert name here) agrees to complete the film within (indicate time frame) of receiving this permission and will provide David Lambertson access to the completed project through either a hard copy (DVD) version or a link to a web-site hosting the film.   The filmmaker (insert name) may at any time within (insert timeframe) tender an offer to David Lambertson to option or purchase the rights to this script. Whether to accept such an offer will be at the sole discretion of David Lambertson. Should the film not be completed within (insert timeframe) the permission to use the script is revoked.

This is basically what my one looks like, plus a few signature blocks.

I've just optioned three short scripts to a director. I set out my terms in an email, which I list below in case they are of any use. He agreed to all of them. That's all you need really. If they do send you a contract, get it checked out to make sure they are not taking away any of your rights. Remember this is your script!

I retain sole writing credit
I retain all rights to the scripts
I approve and make all changes to the scripts.
You keep me updated on production progress, timescales etc.
I am provided with a copy of the finished production.
The period of this arrangement will last for 12 months from the date of this email, after which an extension can be arranged between both parties, if they agree to do so.


Furthermore, as this is non-exclusive, you agree that I am free to pursue other production or sales opportunities for these scripts. If an exclusive option or the rights to the scripts are sold to a third-party, you agree to cease production and/or remove any related materials to the production, both online and  on digital media.

Thank you! very helpful responses guys (I expected no less)

Think I will keep it over email - I will send them an email separate from the chit chat ones we have been having, clearly defining terms and ask them to agree (or disagree) by reply and then open it up to them if they want any terms added for me to agree/disagree

Thank you for your examples of terms - will adapt for my situation.

I am aware that most of these things fall through, but I can't help being excited!

If it's free then I wouldn't get too excited. Some of these student films can be really bad... so bad, you'll wish you never gave them the script.

It is nice to be wanted though, I suppose.


The important thing to do is check out their previous work.

Yeah I have seen student films - Some leave a lot to be desired
Anyway, luckily this one isn't a student film.

The guy runs a film collective and shoots mainly promotional and music videos (I have checked those out, very high quality)

He want's to move into film directing and is starting with shorts - says it will be filmed in 4k

Anyway, will see what comes of it over the next year