Hey Curt -

Good luck on this!  I was going to weigh in on this when I saw the thread, but it looks like it's been resolved.  A lot of good advice has already been posted.  My few cents (which may seem contradictory, in places):

* The guy does seem erratic.  Keep that in mind.  It's a bit of a red flag.

* BUT - if his work is good, there's not much to lose to just see where it goes.  The odds are against a feature, BTW - but having a polished production of one of your shorts?  Always a good thing.

* Being willing to rewrite and modify is a vastly valuable trait in a screenplay writer.  You won't get anywhere if you're not a bit flexible.  BUT - that's not to say that one should agree to anything that will outright harm a script (I had a really un-fun experience with someone that wanted to film Bean Nighe, a horror short of mine.  He started off great.  All of a sudden, he was trying to rewrite it himself - giving the characters absolutely terrible dialogue...it was a nightmare situation for a few days, until I made it quite clear that my consent had been revoked, and the piece was copywritten...)

But good luck here!!!  This could result in something you're very proud of.

All directors make changes in the script.  Whether it's because of budget, or location, or because their vision differs from the writers.  At least this guy is discussion his changes with you.

I'd let him do it.  You'll get a credit under your belt which could lead to a feature.


Phil

Hey Curt,

I am probably coming in a bit late with this post though thought I would let you know that if you have signed a standard option agreement then he has he final editing rights and can change it around without your agreement.

Also unless there is a clause specifying he can only create a short from it then he can also adapt it to a feature without your permission.

Write your own option agreement and add the clauses you would like incorporated to cover your arse and use it whenever a producer wants to option your work.

I know it's always exciting having your work produced though you have to consider more than just signing an option agreement.

Good luck and I hope it turns out well for you.

Regards Alex

Quoted from AmbitionIsKey But I'm not being paid.  For the short.  Or it it's turned into a feature, either.  I allowed him to use it for free. Reversing the order of the flashbacks is something I'm not sure about because the reason I have the, the way they are, is that in the final flashback to the past when she's a kid it reveals something shocking that wouldn't have the same effect if told in the reverse order.

ALWAYS ....if you let someone shoot a short...have in the contract that you have first right of refusal to write the feature for WGA standards or some sort of pay!

Good luck with this.

Wtf, dude? This is dreadful advice.

Quoted from jagan@spundana.org Before you send him anything after this, you can try this on yourself. A) Write the story in a linear format -- begin exactly as he says, you need to start with your protagonist at a young age, say 13, then 18, then 25 etc. B) Avoid all Flashbacks, because due to the one above (i.e. "A") you don't need them anymore.

So you're saying that he should rewrite the script in a linear format, showing the character throughout his life?

@Wonk --

Situation has resolved.  I and the director are on much better terms.  He is a little erratic at times, but overall he's a good dude.  I think he just likes to be in control with things.  I agree with you, I will work with a writer on my script if it means it's going to benefit, but there's no point in changing stuff to harm it.

Thanks for the luck, I'm excited to see the final product.

@Phil

I understand fully that all directors make changes to a script.  This guy wasn't doing it because of budget or location.  And yea, he was WILLING to discuss these changes -- great -- but I still thought it was very unprofessional of him to say "if you don't modify it, then good luck with it."

He wanted to change the non-linear structure would not have been a benefit to the script.  But things are sorted now and we have a final draft.

@Alex

He doesn't have final editing rights.  In the agreement it states something like: "the producer  has final editing rights regarding the production/filming/photography of said script, NOT to be mistaken with the editing rights regarding the writing/changes made to the actual script itself."

It also states: "...the option to my short script titled "Need" for production into a short digital movie." -- does this cover me, do you think?  It says short movie.  Not feature or anything.  But it does state he can produce it into a SHORT digital movie.

@Dena

SHIT.  Nothing in my contract has any of that.  Ah....

@Jagan

I think you're getting to technical.  This isn't a huge-budget feature production, it's a low budget short.  I doubt I would talk to a kid about my script because the topic is too controversial.  I'm not going to bother with the narrative script.  I and the director have since sorted things out and everything is fine, lol.  

Thanks guys for the ongoing feedback.

Curt

Quoted from AmbitionIsKey @Wonk -- It also states: "...the option to my short script titled "Need" for production into a short digital movie." -- does this cover me, do you think?  It says short movie.  Not feature or anything.  But it does state he can produce it into a SHORT digital movie.

Hey Curt,

I'm not a lawyer, though saying "for production into a short movie" doesn't say it can't be produced into anything else.

Here is the condition I use:-
"The producer also acknowledges that this agreement is for the rights to produce a short movie based on "xxxxx" screenplay “xxxxx”. No permission is awarded or implied, under this agreement for the producer to undertake a feature motion picture or TV sitcom based on this screenplay. Should permission be required by the producer, a signed agreement would be required"

This clearly states that he cannot do Blah Blah Blah.... No ambiguity.

You should look at all the conditions you require to cover your BUTT and write them into the contract.

Hope this helps

Regards Alex

Alex -

Not a bad addendum, there.  Better to clarify that feature rights are off the table - barring further negotiations.  (Definitely better than leaving it vague, and having it interpreted some other way...)

--J (Wonka)

So, Janet and Alex, do you think I should include another clause into the agreement and get him to resign it?

Or should I just use it from now on in my future agreements?

Curt

Hey Curt,

Definitely use it from now on !!

How long has the option got to run ? No harm in trying to see if he will sign an amended agreement. The worst he can say is "NO".

Maybe spin a yarn about you want to amend the agreement to clarify a few things and tell him you'll send a draft for his review.

Maybe change a few other bits in the agreement so as to not bring all the attention to this condition.

I would also incorporate a condition that even after production, you retain full ownership and copyright of the screenplay and have the option of awarding the right to produce this screenplay to another party should you not be satisfied with the final short film as a non-exclusive condition on most agreements is pretty vague.

Good luck and let us know how it goes.

Alex

Alex -

All those items sound reasonable to me.  

Curt - if you feel those amendments "rock the boat" too much - given that the contract's already signed - you could also just a shoot an email to the guy, stating that these are items that you felt needed clarification, and asking that he confirm that he agrees....
(And hold onto that email with your life!    )

But for future contracts - yep - put that in.  (Esp. for shorts - you should never relinquish ownership and rights to the screenplay, characters and/or future adaptions thereof.)

Thanks for the help, guys.  I might shoot him an e-mail and try and rework something.

Curt