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I didn't know where else this would fit, so if this is the wrong subforum, please somebody move it to the right place.
So, I got contacted by a british independent producer who wants me to write a feature script for him within the next four weeks, but he doesn't offer any payment. All I'd get would be written by credits and a copy of the finished film.
All I got is the name of the film, the names of the characters and a pretty generic logline with lots of room for interpretation.
I'm not quite sure what to make of this. I tried to google him and I found him, but he doesn't seem to have any production history in films, only some produced music tracks, singles and albums.
However he claims to have a production company in place and he needs to submit the script in mid september. I've now asked him to give me a bit more info about this, like what does his equipment look like, does he have a team in place, is there any previous work I could have a look at.
Would be nice if anybody could share their experience here and give me some advice.
I'd agree with everyone else. My instinctual reaction: Oh, HELL no. It's far too much work, with no guaranteed payback... not even the credit, because you have no assurance that production will get successfully off the ground with a good end result. IE: any work for hire should be paid up front. Not on the back end, either - because you have no way to ensure there will be a profit.
thanks for your replies - I had the same feeling about this. I wouldn't mind writing it without a compensation if I was confident it would be made in a good quality and I got the writing credits for it, but this whole setup seems quite unprofessional to me and I'm not sure if this is a serious offer, or just someone who just felt like making a movie after he woke up in the morning.
Even when they have credentials the deal can fall through... like they don't get funding or something. That can even happen with the big boys, with A list casting. So with somebody like this, it's even less likely. I wouldn't waste my time with dreamers... but sometimes, the harshest lessons are ones we have to learn ourselves.
The notion of the public toward writers and their value is critical to absurd.
Then, there are those fake industry persons between us wanna make something while giving nothing. Complete absence of respect toward performance.
Well, and the complete exploitation industry. Not aiming to make films at all, wanna exploit only...
I said that several times in different contexts: I hope we are aware of our position. It might be a bright place for some, no envy of course. But there are more, who keep/push the quality and quantity to its best. For those it's darkness, survival, experience, and grace of course <- Because I can read about how a children soldier gets recruited for real, and not from fake journalism or whatever kind of media. You won't get that from another source if there's no one telling you. I can't honor my colleagues enough, or buddies, whatever you say in your country. Always a drink to you or a greeting from my side, no matter how the beef is about minor nonsense between us...
Just recently someone asked me how much I'd charge to write 'their' story...I said $1500....but never heard back from them.... I am not writing a feature for free. I've written shorts for free and I still do from time to time if I know they will get made and done with quality. But a feature? No way...too much brain power...too much of your creative juice ....but lately it seems writers are getting cheaper and cheaper and it's a bit discouraging to me.
If you already have the creative juices flowing, then write it. It will be YOUR script unless you sign something (which I would not).
If they love it, then drop on them what you need for your efforts. That logline is just an idea that can't be copyrighted. In the end you'll have a script that's yours to shop around if they don't like your price.
If you already have the creative juices flowing, then write it. It will be YOUR script unless you sign something (which I would not).
If they love it, then drop on them what you need for your efforts. That logline is just an idea that can't be copyrighted. In the end you'll have a script that's yours to shop around if they don't like your price.
James
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.
I think it depends how much of the script is from their ideas, if they give you chracters, plot points etc then they could claim an involvement, potentially a 'Story by' type credit.. and then it would get messy...
It's one of those things that is probably best clarified and documented up front, you can still get a contract written up even if there's no pay.
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.