All screenplays on the simplyscripts.com and simplyscripts.net domain are copyrighted to their respective authors. All rights reserved. This screenplaymay not be used or reproduced for any purpose including educational purposes without the expressed written permission of the author.
It's risky... email correspondence can count as a contract. If another producer were to make this later down the line and it made money... then the guy with the original idea (proof in email correspondence) could stake a claim to a percentage.
Please correct me if I'm wrong. I've never studied law.
An Email is a viable contract. That's why I said don't sign anything. But an Email certainly does not give you copyright to an idea. I'm no expert, but I've done some research. You can post an idea on this thread, I could write it and copyright it. And if it sold, you would be left with your dick in your hand. I don't see a judge saying you gave the writer all they needed. What? A twenty something with daddy issues kills single men who adore her? That's been done and nobody has a claim on that idea because they can't.
Same with his director. You have to write and copyright your story before any of it is claimable. Your characters, your story...
Years ago I wrote on terms like this and I still have the story although the script was never finished because the producer didn't like the way I was going, yet they could not offer clear direction, only that it wasn't what they wanted. I thought it was great. In the end the script never got finished and all I have is the experience. What I wrote I still like. My deal was credit and money if/when it was made. Did I waste my time? No. Was I out any money? No. If your deal includes a percentage (of the gross) if the thing makes money, then do it. If it does make money and you agreed to only credit then you will be angry. So avoid that. You want a point, or even half a point of the gross (not after expenses and taxes). That's a buck to you for every hundred. If they can't agree to that then spend your time elsewhere. P.s at the time this producer was trying to make a name but still hasn't done much but does have some imdb cred.
Years ago I wrote on terms like this and I still have the story although the script was never finished because the producer didn't like the way I was going, yet they could not offer clear direction, only that it wasn't what they wanted. I thought it was great. In the end the script never got finished and all I have is the experience. What I wrote I still like. My deal was credit and money if/when it was made. Did I waste my time? No. Was I out any money? No. If your deal includes a percentage (of the gross) if the thing makes money, then do it. If it does make money and you agreed to only credit then you will be angry. So avoid that. You want a point, or even half a point of the gross (not after expenses and taxes). That's a buck to you for every hundred. If they can't agree to that then spend your time elsewhere. P.s at the time this producer was trying to make a name but still hasn't done much but does have some imdb cred.
I did the same and still have the script. I split because I didn't like where they wanted me to take the story. Writing something is one thing, but rewriting on the off-chance they can raise the money was not something I wanted to do. I see the script as worthless now... but it's a pretty good script that could be made on a shoestring. Very easy to film.
Thanks for your opinions guys. I thought about this for a while, because getting some credits and the experience of working for a film which is going into production was intriguing, but this guy really didn't seem very realistic and in the end I was convinced this was rather some hobby project with unclear outcome.
I have now been asked to write some episodes for a new web series, and this is a real project with a valid company behind it. It seems much more professional and this series is within my genre (supernatural / scifi), so I guess it was the right decision to let the first offer go.
I'm really excited now to get involved in this series now. I can't say anything else about it yet but I think it will be great
Not a lawyer - but have been involved in varying degrees in business law.
A contract can be verbal or written (including e-mails) and a verbal contract is no less binding then a written one. All a contract needs (regardless of form) is:
An Offer
Some makes an offer to do, produce of buy something.
Consideration
Something of value promised to another. It can be money, physical objects, services, promised actions (e.g., I will promote your script, etc) or abstaining from a future action, (e.g., if you give me your script - I won't....)
Acceptance
Someone must accept the offer.
Generally, if the above three elements are met - you basically have a contract. If they are not met - you do not have a contract.
Lastly, in order to sell something you must own it. You own your script whether it is copyrighted or WGA registered or not (although copy right/registration provides you stronger protection). However, you do not generally own your idea (e.g., premise, log line) and others may write scripts around that log line. That is where you have to be really careful. If you talk to someone and say I have this really great idea for a script - It's about a neurosurgeon who gives up medicine to become a screenwriter after he gets a brain tumor....
Whoever you corresponding with can say no thanks to you and go about the business of writing a script about that brain surgeon.