This is my first post, I hope I'm posting this in the right place.

I am working on some projects with an Indy director. One of these is going to be a full feature and I will be writing the screenplay. What the director is going to do is film it professionally with some fancy equipment and pay the cast and crew. He and I will be the only ones not paid. He will film the first 15 to 20 minutes and then take it with his proposal to Universal for backing. I know that I will need a contract to protect my interests, but I have no idea what to have in the contract. There are several possibilities. I could go with an agreed amount for the script once the studio allots a budget or I could go for a percentage of what the film makes.

Does anyone have any experience in this area and if so what should I make sure is clear in the contract?

Any help is greatly appreciated.

Thomas

Wouldn't it be better to go for the percentage? It might make the producer see you as someone who they can work with more in the future, too, as they see that you are not going to try to take them to the cleaners, but only want your fair share of the profits, and the profits could wind up to be a whole lot more than a lump sum payment. What is the standard? I think it is 3% of the profits.
Cindy

There are two stages involved here. The first is having a contract with the director and the second is the contract with the studio. The purpose of the first contract is to protect my interests and ensure that the director doesn't make a deal with the studio without by consent. It doesn't really matter what the particulars are in the contract with the director because the actual money will come from the agreement with the studio. Most likely I'll get a percentage in all markets in the director's contract. By having this contract the studio will have to make an offer to me before they can sign a contract with the director. At that point it's anyone's guess what they will offer. I doubt very much they would offer 3%, but everything depends on if I'm on set during production after the studio contract.

I've learned a few things since I posted this. At least now I know what to do.

Thanks for your reply.

Thomas

Do you have the screenplay posted here?
Best of luck to you. Let us know what happens.
Cindy

I don't ever put my screenplays on the Internet. Sometimes I'll post a short script, but that's all.

I'll let you know what happens.

Thomas

Why would you allow ANYBODY to film your property without getting paid? Unless you have one hell of a lawyer, if Universal says no - which is a 99% probability - the Director will still own the 20 minute reel - which he can then use as a basis for his own "story".

You need an entertainment lawyer stat.

vkonstant,

I've decided not to work on any more projects with this director. What I would have done is had a contract with him before I wrote the script. I do have a copy right attorney who worked in the industry and came to Denver from LA.

Working with an up and coming Indy director can be a supreme opportunity and if a film succeeds it can bring far more than simply a script sale. The problem is being careful not to latch onto a film maker who is all talk and no action. I will take the risk of investment, but only if I have complete confidence in the film maker. The writer just needs to take his time before jumping into a long term project. That's what I've done and my patience has paid off in realizing that this film maker is a waste of my time and effort.

Thomas

Thomas,

Frankly, you miss the point of my advice. There are good indy directors & producers and bad, etc...my point is why would you even THINK of letting this director do something (make a reel) that lets him STEAL your material LEGALLY without you getting paid for it UP FRONT!!!

If you have a copy right attorney, TALK TO THE MAN so you know what you can and can't do before you screw up like that. The law is simple, and clear. Little research and common sense, bro. Its easier to be smart now than litigious later

vkonstant

I've already answered your question. Having a percentage in a contract can bring far more than if the script were bought up front. With a contract he simply can't steal the script and not have to pay me my share. Most Indy film makers can't afford to pay for a script and do they offer a percetage. I see nothing wrong with that if the film maker looks good.

I have no idea what you mean by, "before you screw up like that". I haven't screwed up at all. It's a rather mute point considering I've decided not to participate in the project.

Thomas

It isn't a moot point if you don't understand the process.

If you let a director shoot part of your script, under all vestiges of entertainment law that "reel" belongs to the director (or producer, or whoever owns the movie). Even if there is no contract to make the movie, the question concerns the ownership of the reel.

Say two years down the road this director shows this reel to some producer - the director can sell the reel as the basis of the movie, thus cutting you out entirely from ownership of the script you've written.

That's what I meant. If you think that's NOT screwing up, God Go With You.

vkonstant

I haven't written the script and I've decided not to. I've also decided not to work with any of the Indy film makers and just write my spec scripts. I have enough to deal with without all this legal crud.

Thomas

I am also facing a similar situation. I have an offer by an indie film maker. I would like to say that at this point I have good faith in this person but realize that when money is involved things can happen beyond his and my control if not properly protected.
My questions Are:
1. Does someone have actual experience in this field that can lend advice?
2. Does anyone have any references that I may refer to?
3. If this producer is European, do I have the same protection since it appears it will be made there?
4. I am thinking a percentage is best, if so what percentage is reasonable?
Thank you, to anyone who can give thoughful answers!