I feel really bad as I keep having to post here when I have no idea what to do. You guys have all been a great help in the past, so I think I should post a question here... again

I got an email this morning from a Producer who wants to film one of my short scripts. I can't say which one it is at this point. Anyway, I've had negotiations with producers before and they've all gone smoothly. The problem is with this particular case (which isn't actually a problem) I have been offered money... all a bit of a grey area for me.

The producer has offered me two forms of payment... A fee on the original script OR a certain percentage of the profits that he makes on the film.

My problem doesn't come with the payment itself, but more my understanding of the law. I've been told that once I sell rights to a script, the director has the right to make any changes that he wants without having to run it past me. My concern is the story becomes less like the original script.

Another concern is... Can I guarantee that I will be listed as the writer if I accept payment. I've heard of producers removing the name of the original writer and claiming it as their own.

I know this question has been asked a hundred times over, but I know there are a number of people will know first hand how to deal with this.

2013 has had a nice start for me ... sort of.

Cheers,

Dan

That's when you get a lawyer. That needs to be dealt in a contract (who gets credit?, whose in charge of revisions?). I think there's a thread here in the screenwriting section dealing with this topic.  

here it is: http://www.simplyscripts.net/cgi-bin/Blah/Blah.pl?b-screenwrite/m-1254958906/

Hope this helps.

Gabe

Could always pose the question to Babz. She's very smart, friendly and open about things like this.

Thanks guys. The thread provided deals with offers when money isn't a factor. What I'm worried about is selling my rights away to someone.

Not sure how I'd pose the question to Babz, but I'll see what I can do.

I will be interested to see what the advice is but...someone wants to PAY YOU!

Am i the only one here who thinks take the money and be chilled on the outcome. After all you have hundreds of scripts inside wanting to come out.


PS - of course it does depend on how much.

Do not waste money on a lawyer for a short script.

That is absurd, and will cost you way more than you are getting paid, for sure.

Take whatever he offers upfront and smile.  Short films do not make money, so percentage of profits is a dead end.

As for changing things in the script or author credits, should be fine, but there are no guarantees, and a lawyer will not make any difference there, either.

Features are a different beast, mind you -- but for shorts, there is no need to overthink these things.

Dan, congrats, I wish it goes through!

Quoted from danbotha Another concern is... Can I guarantee that I will be listed as the writer if I accept payment. I've heard of producers removing the name of the original writer and claiming it as their own. Dan

You need to have this in the contract. The clause can be read like this:
"CREDIT OBLIGATIONS: Buyer shall have the right to publish, advertise, announce and use,  the name of Seller, provided such use shall not constitute an endorsement of any product or service. Seller shall be accorded the following credit on a single card on screen and in paid ads controlled by Buyer: Written by Daniel Botha or Original Screenplay by Daniel Botha."

or any other way but have it in the contract! just in case...

Dan -

I'm seconding Khamanna here.  Don't bother with a lawyer (though do read the contract carefully, or have a legal minded friend read it.)  

But make sure there's a phrase in it stating that you retain future rights to the characters and story, will be given sole writing credit and have final approval on script changes.  In return, you are granting the director/producer the right to produce, distribute and market a filmed rendition of your script.

Hi Dan - congrats - maybe you can let us know what's been sold?

I take it you have registered the script? It's always useful.

Credit is better than cash when you are starting out, so I'd make it clear in the contract that you want credit.

Scripts always change from paper to film - it's par for the course - and at the end of the day, you can always write another one ...? So I wouldn't get hung up about changes, they only ever make your script harder to get made at this level.

Best of luck with it - and keep us informed!

Dan...

I have a short contract I recently did on a short with a guy from the UK. It's simple and to the point but it does give me right to first refusal should the short ever be wanted as feature materail...that way you would be given the opportunity to write the feature. I could email it to you if you want.

You can email Babz...she's is very helpful with stuff like this. Don't expect much money out of a short though...like Bert said...

Congrats though! Great place to start IMO.

d

Hey Dan,

Just got up to speed here.
So forgive me if I just parrot a previous post.

Let me say this right now"
SHORT FILMS ARE NOT PROFITABLE.

They are resume builders, passion projects, networking tools and calling cards.
Period. So, if someone's offering money. Grab it, bro.

Babz over and Silver/Bitela will guide you through the process with ease.
Like Dena, I recommend using her.
Any stress I had about the process, she took care of it all.
That's what tough broads are for.

So, give Babz a holler. Tell her the SS faithful sent you.
And good luck!

Regards,
E.D.

There is only one short film festival where there are real cash prizes; I forgot the name of it but I think it's in India.  If your script is prodiced and it wins this competition, the prize might be $5000.  This money would be sucked back to recoup production costs.  In the end, you get nothing.  Good day sir.

Take the cash up front make sure that it says in the contract that you get sole writing credit.  I had a director make minor changes on one of my shorts and he became a co-writer without asking me.


Phil

well, I just learned something today. There are times for a lawyer, and other times not. lol

Thanks everyone for the suggestions. I will be contacting Babz shortly and Dena... you can expect an email from me soon

Thanks again. You guys rock!

Dan