Hey guys,

So yesterday I received an email from a british production company wanting to produce my short script that I have posted on this site.

My question is, should I ask for money? How much should I ask for to just sell the script and also for rewrites? Since this is obviously a production company, they're looking at making money off my writing and I feel I should do the same.

Since this would be my first produced work, I do want my work produced, but I also don't want to be robbed of what they would possibly owe me. I am a bit in the dark about what to do.  Any and all advice is welcome.

Thanks!

Generally, there is no money to be made in shorts....though there is a change in that coming along.

If this is your first script being produced, you should go with credit and copies.  Having a produced script on your resume is worth more than the few bucks they might offer you.  Keep in mind that, just because they're a production, it doesn't mean they're a big one with a large checkbook.  It could be a couple of film school graduates.


Phil

Thanks for the advice Phil. That's what I thought people were going to say. I definitely do want my work produced, but it's hard NOT to start thinking dollar signs.

I'll keep the board up to date on the project as it moves along, assuming they do decide to produce it.

Every year millions of short films are made. The vast majority of these will lose money.

The Production Companies take a hit on their finances in order to make films to show themselves off to the world. Films cost money to make and they take time so there is a double blow in opportunity costs.

Even sending a film to a festival can rack up costs (Shipping DVD's, entry fees etc).

Only a tiny fraction of shorts will make a profit and then a slightly larger number (but still tiny)  will just about break even.

There is a growing market for shorts, but whether or not the filmmakers will see many of those profits I'm not sure. The distributors will get more than the Lion's share in terms of advertising revenue and such. Shorts are going to have to be viewed by 1M+ to garner any sort of significant revenue.

In other words, the chances are that the people who want to make your film are going to lose a significant amount of money. (Significant in relative terms to their earning capacity at this time).

The probability is, like Phil said, that they are just starting out and so probably don't have much of a pot to piss in. That being the case, it's more about the excitement of getting produced and the chance to see your work on screen that should be the deciding factor. The chance to work with like minded people, both starting out into the hard but fun world of film. See how your writing translates to film.

It's really a mutual collaboration at this stage in most people's careers. (I'm currently in post on one of Phil's films funnily enough).

Another consideration is that if you don't sell, you'll keep the rights. Usually if you sell they'll want to keep the rights to the story and characters.

Upto you though. Maybe you could ask for some sort of deferred payment. In the unlikely event that it becomes a world-wide super hit, wins all the festivals, gets distribution deals then you'll receive 10% of profits or so after they've recouped their costs.

In reality you probably won't get anything but if it helps you sleep easier it's something to think about.

Quoted from Scar Tissue Films Maybe you could ask for some sort of deferred payment. In the unlikely event that it becomes a world-wide super hit, wins all the festivals, gets distribution deals then you'll receive 10% of profits or so after they've recouped their costs.

I would go this route.  Even though it's unlikely that the short will make money, it's always best to have that little safety net to cover your backside.  You never know what's going to happen, and it doesn't cost the filmmaker anything, really.

Two things to consider:

1. What if they mess up your story, leaving you a bad reputation as a writer?
    Some outfit wanted to film an animation of my full length script, "The Winter  
    Boy". No money was offered. I turned it down flat, because that's too much work
    for no pay up front, and animation could ruin a serious story.

2. There may be no way to protect your core idea from being swiped. You can't
    copyright an idea.

You should also state in your contract that you are giving the production the rights to produce it, but you are not handing over the rights to the story.


Phil

Get a lawyer. It will be the best money you ever spent.

You don't need a lawyer in this case.  Tell the producers (in writing) that you are willing to let them produce your work under the following conditions:

1.  You keep full rights to your script.  You are only giving them permission to use it;
2.  You receive sole credit as the writer.  Any changes must be made by you or with your consent;
3.  You are to receive two hard copies of the completed work;
4.  You are allowed to reproduce and distribute the film for personal use.

If you want to add a clause that you are entitled to receive so many points from the film, it may explode in your face.  Shorts generally don't make money and you could scare the producer away by giving him additional costs to think about.

If you are considering taking up writing as a career, getting something on your resume should take precedence over making a few bucks.


Phil

Quoted from dogglebe If you want to add a clause that you are entitled to receive so many points from the film, it may explode in your face.  Shorts generally don't make money and you could scare the producer away by giving him additional costs to think about.

How do you figure that asking for points translates to the producer incurring any extra costs?  First off, the costs really aren't extra outside of providing two dvds, and the points aren't payable until after the investor has recouped their costs...meaning the writer doesn't profit unless the producer does.

The director will want to keep any little money the short makes.  Even if the writer would get only a few bucks, it's a few bucks that the director would rather keep.


Phil

Quoted from dogglebe The director will want to keep any little money the short makes.  Even if the writer would get only a few bucks, it's a few bucks that the director would rather keep.

Has a deal blown up in your face because you requested points?

No, but I think it would be a shame if this happened to Miken.

Speaking of which, when the producer of Dreams in Dust & Marble and I discussed possible points, I suggested 5%.  For some reason, they had me sign an agree stating that I would receive 20%


Phil

I repeat. Get a lawyer. While some of you have been through these types of things before, you can't even agree what this guy should do/ask for. Get an entertainment lawyer who actually knows and you'll be better off.

Quoted from Pants Get an entertainment lawyer who actually knows and you'll be better off.

No, Pants.  For a short script, that is really bad advice and you should stop pushing it.

For starters, on a site like this you can get 2-3 emails from "producers" every month, and at $250 bucks an hour, getting a lawyer every time your inbox went "ding" would be ridiculous.

For seconds, even if one of those emails did pan out, you would never recoup the money spent on legal fees.

Before signing anything for a feature, yes, it is definitely wise to seek council.

But hiring an attorney because a few film school graduates calling themselves a production company have sent you an email about your 8-page short?

No.  It is just silly.

Quoted from bert No, Pants.  For a short script, that is really bad advice and you should stop pushing it. For starters, on a site like this you can get 2-3 emails from "producers" every month, and at $250 bucks an hour, getting a lawyer every time your inbox went "ding" would be ridiculous. For seconds, even if one of those emails did pan out, you would never recoup the money spent on legal fees. Before signing anything for a feature, yes, it is definitely wise to seek council. But hiring an attorney because a few film school graduates calling themselves a production company have sent you an email about your 8-page short? No.  It is just silly.

You are right, but then it's also silly to be discussing points and money for the same 8 page short.

Quoted from Pants You are right, but then it's also silly to be discussing points and money for the same 8 page short.

No, it isn't.  You go get a lawyer, you're automatically paying out all that money at an exorbitant amount.  Asking for points costs you nothing.  The only thing that would cost you in that regard is if you didn't ask for them, and then by some small chance the short did end up making money and all your left with is your dvd copy in one hand and your dick in the other.

Making money on a short is rare, I've already stated this, but why not give yourself that security?  You can discriminate based on the situation and who's producing it, sure, but overall I can't see why it's not a good idea to ask for it.

Quoted from Shelton No, it isn't.  You go get a lawyer, you're automatically paying out all that money at an exorbitant amount.  Asking for points costs you nothing.  The only thing that would cost you in that regard is if you didn't ask for them, and then by some small chance the short did end up making money and all your left with is your dvd copy in one hand and your dick in the other. Making money on a short is rare, I've already stated this, but why not give yourself that security?  You can discriminate based on the situation and who's producing it, sure, but overall I can't see why it's not a good idea to ask for it.

My point is, and maybe I should have been more clear before, to get a lwayer for the sole purpose of knowing what to do and ask for. I'm not saying get a lwayer every time some "production company" contacts you about your script. As far as shorts go, make the lawyer a one time thing and PAY ATTENTION to what they do and say. That way you won't need to get one every time. I would much rather pay $250 once and get some of that knowledge where I can do it on my own, instead of getting screwed (and not in the good way) by not asking for enough or forgetting to ask for something. That's all I was trying to say.

What's wrong with what I ask for?  It's simple and to the point.  And it's easy for the filmmaker to do.


Phil