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I was wanting to pick the brains of some of the experienced SS members and would appreciate any advice they can offer.
The script that I have written, "Becoming a Sydney Property Tycoon" that appears in my link below, has had an offer from a student film maker who I feel has a real passion and a team behind her to make a great short of this.
She is looking at filming in a similar location to what i have proposed in Sydney, though in New York and adapting the script to that location.
My question is, can I adapt the script to suit the location in NY and give her permission on that location only and retain the rights to filming the same script in alternative locations? I know I can word this in an agreement though would it be the way to go, so I am not tying the script down to one production company.
I am not sure if she would be happy with this though I cant see why not.
Also do you think any future producers would not take it on because the same screenplay has been filmed by others and in other locations.
I haven't read your script. However, unless you to honestly expect your script to be a festival favourite then there is no reason to have an exclusive deal on the script. Let as many people make it as the market will bear.
Besides, if she renames it and rewrites it then it technically isn't the same script.
I am hoping it gets submitted to competitions and festivals, so if there where multiple versions would it effect competion acceptance or chances ?
The non exclusive agreement also ties it up so they have the rights for a certain duration (maybe 12 months) I assume this means others can't produce it within this time without the signed producers permission ??
Please correct me if i am wrong as i want to get it right.
I'm about to generalize - so what I'm saying is true most of the time (there are exceptions, however).
First off, a non-exclusive agreement does not have to tie up the script and is more likely not to. It all depends on what you agree upon.
The thing to remember with options is that it doesn't mean the film is going to get made. Likelihood is that it won't. If it does then it will either get made fast (and probably pretty crappy) or very slow (maybe like years from now ).
This is why the non-exclusive options works for you. You get ten people who say they are going to make the script but only one makes it (if you're lucky).
Some contests and festivals will care if the script has been produced before. The premier festivals will care. But you won't be submitting the film, it's not going to be yours to submit, the filmmaker has to submit it.
If he's made the film fast and without a budget, then he might submit it all over the place only to find that none of the festivals (that count and that care) select his film. Or because he made it fast and without a budget, he might not even want to submit it because he's feeling crap about it after finding out that he didn't get 1 million views on YouTube. You certainly don't want to do an exclusive option with this guy.
However, if he was going to make it slowly, with a non zero budget and he has some credentials behind him. He's planning to hire a crew and actors and he already knows what festivals he's going to enter. Then this is the person that both deserves the exclusive option and won't do you wrong by it (even if you have to wait what seems like eternity).
I may go back to them and get them to forward me a proposeal on proposed location for filming, budget, actors and crew as well as proposed timing for filming, editing etc.
I will also request their intentions for which festivals/comps that may be consifering.
I guess if they take the time to submit a detailed proposal then they are more likely to put the extra effort into the project.
The more factors that you put into a deal that favour you, the more you reduce the real monetary value of the deal for the film-maker.
As the credit has a value in itself, I would factor that into the deal.
If you've not been produced before, I would also factor that into the deal.
As these are additional factors favouring you, they can be used to reduce the cost to the film-maker - which will make your film more likely to be filmed.
As long as you are happy with the quality of the film-maker and her ability to produce the film, I would concentrate on facilitating her ability to film it - if she's made an acceptable monetary offer, then take it.
An option can be thought of as like a deposit - an intent to purchase. You can stipulate any additional factors into the deal that you want - but if someone's made an offer to buy your car - you'd go for the sale, right? And if you're confident in your abilities, then you can always write another script.
The credit is important and I have told them I dont want payment though it is subject to a few conditions including a percent of profit, sole writing credit, copy of final product on disk. etc
I think I have been more than fair as I want to gain just as much out of it as they do.
It's not my first agreement as I signed an Option last Friday for another one of my shorts and have another producer keen on a third, so it is all happening at once.
I'd go the non-exclusive route. They are a student, the production isn't for profit. Find out exactly what their intentions are for the production.
Besides, it's just a short. The credit is king. So, if you like the student, let them film it. But retain the right to have the short produced by others. Good luck!
Regards, E.D.
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