Quoted from Zack This is completely new to me. Have no idea how to even approach an agent/lawyer. I just want to do everything in my power to make sure I get a fair contract.

Lawyers are easy to contact since they work for you. You're paying them. Look-up entertainment attorneys.

I'm still not quite sure what your original question is. Do you have a script someone is interested in and you just need help with that contract? If so, contact an entertainment attorney. Doesn't have to be one in LA. It can be a local guy in your town. If you are dealing with an agent and you want to make sure the agent doesn't screw you, contact an entertainment attorney. If you are quering an agent in hopes to become repped, I'd follow Dave's advice and make sure you have more than one feature in your portfolio.

Either way, Good luck.  

PART III - DOES IT MATTER???

Just my opinion - but probably not.

The above posts are just standard query letter stuff. The underlying issues are:

1. An Agent has his interests in heart - not yours. They are more invested in making money then they are in protecting you. If you truly want protection you're probably better going the lawyer route - of course the problem with that is cost.

2. There is a timing issue. You apparently have an offer in hand. Getting an agent is not something peeps can do in quick order. I've been trying for two years and although I have had meetings - no luck in getting one. i.e., the likelihood is that your offer will go dead by the time it takes you to get an Agent - unless...

3. The offer is substantial in amount and from a reputable production company. e.g., If you have a meager offer from a start-up production company, it probably isn't going to carry much weight. I have had several of those and the Agencies couldn't give a shit. Conversely, if you have a six figure offer from a reputable production house - you have a chance. Not only send the queries - call them.

There are samples of standard contracts on the internet. Easy to research. I would do that as well. As writers, we kind of have to learn the business end of this craft. A necessary evil, IMO. This is a good starting point:

https://www.wga.org/contracts/contracts/other-contracts/standard-theatrical

Quoted from SAC Okay, I'll try and explain this so it makes sense. This producer, we'll call her Abby. Contacts me, wants to buy the script. Conference call with another producer, the whole bit. Abby sends me start-up money to let me know she's for real - no contract yet - and in good faith. Great! I get the contract - the first of three separate contracts, each one tweaked to include separate things, i.e., rewrites, the balance owed, co-writing credits, and that the final balance owed will be sent to me no later than 7 days after I hand in the rewrite. I sign them all, and ask then to be sent back to me once Abby signs. Not one has been sent back yet. Still, Abby keeps sending me money periodically. She pretty much paid me almost everything, except what is owed. The script has been sent in - back in freaking August. It's just this damn final balance. I text her every week, then finally, I realize I'm getting the runaround and I get more stern than normal. So, now she says that the final balance is not to be paid until she signs the "new" version of the contract, which states that I get only a co-writer credit, which was already stated on the other contracts, so it's nothing new. So here I am. She did pay in good faith, but probably never signed those other contracts, and I feel that I won't get this "new" contact from her lawyer. I think once financing came through she got what she got then figured I'd already gotten enough, so hey, that's that, mattress man. So, that's where I stand right now. And yes, all work has been completed.

So this was a finished feature that they outright bought the rights to and then also wanted a re-write? Is there language in effect saying you're giving them all rights to the script before payment is completed?

I don't know what recourse you'd have other than to get a lawyer. But that could cost more than you're trying to get paid.

I guess you could email them and say since they never signed the contract or finished payment, there's no agreement, therefore you're going to continue to shop the script around as your own. See how they react to that (they probably won't like it lol).

I do think once you started performing the contract and they paid you, that might mean you had an agreement even without a signature. But I don't really know contract law, partial performance, or much of anything.

Thanks a ton for all the info, Dave. As always, you've been a huge help.

Quoted from Zack Thanks a ton for all the info, Dave. As always, you've been a huge help.

No problem.  Good  luck

Quoted from MarkItZero So this was a finished feature that they outright bought the rights to and then also wanted a re-write? Is there language in effect saying you're giving them all rights to the script before payment is completed? I don't know what recourse you'd have other than to get a lawyer. But that could cost more than you're trying to get paid. I guess you could email them and say since they never signed the contract or finished payment, there's no agreement, therefore you're going to continue to shop the script around as your own. See how they react to that (they probably won't like it lol). I do think once you started performing the contract and they paid you, that might mean you had an agreement even without a signature. But I don't really know contract law, partial performance, or much of anything.

James,

You actually read this script and gave me notes on it. Thanks.

Anyway, yeah, completed script, full rewrite. Didn't look anything like my original. Then, after the other producers saw it, they hired more writers to tear it down. Now, from my understanding, it looks NOTHING  like the script I sold them. I guess that's kind of the way they're choosing to look at it - it's really not even your script anymore. My only hope at this point is they give me co-writing credit. That would be nice. But based on the way things have gone lately, I'd be surprised.

Quoted from SAC James, You actually read this script and gave me notes on it. Thanks. Anyway, yeah, completed script, full rewrite. Didn't look anything like my original. Then, after the other producers saw it, they hired more writers to tear it down. Now, from my understanding, it looks NOTHING  like the script I sold them. I guess that's kind of the way they're choosing to look at it - it's really not even your script anymore. My only hope at this point is they give me co-writing credit. That would be nice. But based on the way things have gone lately, I'd be surprised.

Oh Christmasville, yeah that was a good one. That sucks it didn't turn out quite how you hoped. At least you got paid most of it. Who knows, maybe things'll work out in the end. In the meantime, on to the next one! As Commander Taggart once said, "Never give up, never surrender!"

There are some ways to greatly improve your chances when trying to land representation. This is the list I compiled, from the mouths of agents:

The #8 best way to get an agent: query with an easily sold high concept idea. What that means is an ever-changing answer but if it gets their interest, you'll know.
#7: Win or place highly in a prestigious contest and include that in your query. By prestigious I mean one of the top ones like the Nicholl or PAGE or SXSW, but also Scriptapalooza, Script Pipeline and the like are gaining solid reputations. I'd put the Blacklist in this category as well.
#6: Pitch to them at a pitchfest. Impress them with your ideas and yourself.
#5: Get a recommend from a major coverage service like Bulletproof, Austin Film Festival, or the like.
#4: Get a recommendation from an insider. A producer, another agent, or a writer already repped at the agency.
#3: Option an intellectual property that's in demand. If they want it, they'll have to take a look at you.
#2: Make a small deal. If you can sell yourself and your work, you're an attractive client.
#1: Make a big deal. Agencies will always pay attention to money. Get a letter of intent and bring it to an agency to negotiate the deal. (Just make sure they will take you on as a client beyond just this one deal.)

Anyone looking for representation, make sure you have a few scripts in your portfolio before you start. Agencies and managers want to know you can do repeat business, if you're a one-trick pony they have no use for you. They want to know you can make money for them over and over again. Also, know the business, and be good at pitching. Reps send you to meetings, learn how to be good at it. And above all, never stop selling yourself. Agents and managers give you opportunities to do it, and you have to keep doing it on your own too.

Quoted from ReneC #2: Make a small deal. If you can sell yourself and your work, you're an attractive client. #1: Make a big deal. Agencies will always pay attention to money. Get a letter of intent and bring it to an agency to negotiate the deal. (Just make sure they will take you on as a client beyond just this one deal.)

It sounds like you're in one of the top two ways to get an agent's attention, but like Dave said, are you trying to get the agency to negotiate the deal for you or are you trying leverage the deal to attract representation? If it's the latter, you're better to hold off until the ink is dried and money is in hand because until you're actually paid it means nothing.

Thanks for the info, Rene. Very insightful. I suppose I'm in the camp of needing an agency to help me negotiate a contract.

$2000 per head.

No women. No children.

PM me if the price is right.

Shit, sorry. Ignore that. Totally got the wrong end of the stick there when I saw something about contract question.