I've been approached by a Canadian producer to film a script I have written. This is a good thing! I don't do this for the money so I'm not bothered about that.  This is the wording from the contract, is there anything here that I should be worried about:


I, the undersigned YOUR NAME, agree to act as Author / script writer  for the above mentioned short film project.

I certify that all information that will be conveyed to me about the film shall remain strictly confidential and that I will not discuss with anyone, save the producer’s team. This ruling remains in effect for a period of two (2) years, even if I decide to leave the project and hand over my duties back to the producing firm.

I agree that all the texts, notes and character description done for the producing firm, by myself, will remain entirely the property of the producing firm. I also release to the production firm all rights to change or modify any part of the script they see necessary to bring the project to the public.

I agree that  I will receive no monetary compensation of any kind for the short film; all the work supplied by myself being given to the producing firm in exchange for self promotion and possible deferred payment as explained further. All commercial rights shall remain property of the producing firm with no limiting date or time period. Author rights are not waved and shall remain my own forever; the producing firm thus having the obligation wherever possible to clearly display such credits as described here:
Text or Script by YOUR NAME.

I understand that a new and more detailed work contract will be negotiated if ever the project would obtain significant distribution with revenue volumes large enough to cover author rights, production and marketing expenses. The producing firm agrees to hand me one (1) copy of the finished movie for my personal use and self promotion and to keep me informed of all public showings of the final production.

I accept that myself and the producing firm can terminate the present agreement at anytime with a simple written notice of 30 days prior to the first production day. At this date the agreement may longer be cancelled.

This canadian producer wouldn't happen to be 'Best Link Films' would it?

I was just wondering since they contacted me over the weekend. No need to be coy about it :)

The contract itself looks fairly standard (in my limited experience), as long as you're aware of what you're getting yourself into i.e. giving away rights to your script in return for a credit and potential (read very unlikely) back-end profits - these need to be spelled out btw.

The contract seems incomplete. It mentions a two year duration but it doesn't state explicitly if, how, and when the rights revert back to you. Other contracts I've seen spell this out in far greater detail. This one reads like an option agreement yet the terms read like a sale agreement, which seems strange to me.

I'm assuming this is a short script, if not you're selling yourself short.

In any case, I'd run it by someone with some legal knowledge before you commit to anything

Martin

thanks that really helps. I'm more than happy to give the rights away in return for a credit...in fact I'm quite honoured someone thinks it's good enough...it's quite a buzz.

yes you are correct it is a short - around 14 minutes.

I'll look into the rights thing and the issue of revertion - thanks for the warning.

I was worried the company you mentioned were dishonest in some way - I was a little worried. I'm new to this, it's my first script so I am playing my cards close to my chest in case I offend anyone, I'm still a little unsure how things are done in this world. I work in business and disclosing personal details of any contract before it is signed is a no go for me. I hope you understand my coyness.

thanks again and best of luck with your scripts.

i really appreciate your time and trouble

kris

It is about exchange of information.  If you and Martin got an email from the same dude, then maybe you smell something fishy.

You don’t see the value in that?

Man, I have got to change this stupid pumpkin avatar.

Everybody thinks I am bitching at them now.

Krisg, check your PM.

Don't rush into signing anything based on my advice.

Maybe someone like Shelton could help you out here, I gather he's seen a few options/sale agreements.

This one looks like a bit of a hybrid to me.

Quoted from bert Everybody thinks I am bitching at them now.

The pumpkin is cool. I know you aren't bitchin but I promise my intentions were good.

best wishes to you too.

kris

I looked it over and it definitely seems a little vague in spots.  

Be sure to get specific dates in there as far as the two year window, maybe 11-01-07 to 11-01-09.  It also looks like these dates are only effective if they don't go into production, making it more of an option than anything else, to which case two years is a rather long one.

Quoted from Shelton I looked it over and it definitely seems a little vague in spots.   Be sure to get specific dates in there as far as the two year window, maybe 11-01-07 to 11-01-09.  It also looks like these dates are only effective if they don't go into production, making it more of an option than anything else, to which case two years is a rather long one.

thanks Mike. your advise sounds perfectly logical and I'll suggest the amends be made. it'll be interesting to see how receptive they are.

thanks for taking the time to read the contract and post a reply.

kris

Quoted from krisg I agree that all the texts, notes and character description done for the producing firm, by myself, will remain entirely the property of the producing firm. I also release to the production firm all rights to change or modify any part of the script they see necessary to bring the project to the public. All commercial rights shall remain property of the producing firm with no limiting date or time period.

It's a little vague, even for a short production. The last option I signed was 13 pages long.

Some things that stood out for me:

1. Any work you do on the script, from the moment you sign the contract, is the property of the production company. Even if either party walks away from the project, the additional material belongs to them.

2. To me, you are releasing all commercial rights... even if the project falls through. Therefore, if you were to make the movie yourself and sell it, they own the commercial rights. The reason being (in my eyes), is that there is no time period stated or that the commercial rights are released ONLY when the project has been greenlit or completed.

3. The two year period seems incomplete. Like stated above, it would be better if there was an actual time period listed. Even if it was a time period from this day forth (and then the date is undersigned by you). Finally, the two year period feels like it doesn't hold up for the entire contract, just the paragraph that it's in.

4. Two years is a little long for an option (which this seems to be... though it seems to fall into a purchase agreement too. It''s like a hybrid of sorts). Usual option period is 6-18 months, with 18 months on the long side.

I'm not saying that they are not legit, just giving you my opinions.

Hope this helps.
Stew

I agree with a lot of points this contract seems incomplete on a lot of points which are not stated!! Like Martin said don't rush into anything!!

My view is, and I have dealt with a lot of Agents and adding the false agents, ask for a lawyer to be present and some sort of agreement sent to you ia their lawyer, with all their contract points and that!! If they send these details then it's ok, if they do not... Then it is not for real... Any legit Agency would agree with you knowing their work and ethics except their previous clients and how much certain scripts/works had been sold for!!

So get these details from this so called agents lawyers first before you sign a nickel and dime!!