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SimplyScripts Screenwriting Discussion Board  /  Questions or Comments  /  I know I said yes, but now...
Posted by: JonnyBoy, June 11th, 2010, 7:35pm
Here's my situation, looking for advice and similar experiences.

A guy contacted me a while back expressing an interest in producing one of my shorts. We had a brief back-and-forth via email, I got a few commitments (writing credit etc.) and gave him permission to film it. He said great, he was working on another short at the moment, but he'd start on pre-production.

That was November - 7 months ago, and I haven't heard a squeak since. Now, I know that this kind of thing happens all the time; you get some interest, and then nothing comes of it. But the thing is, I now want to submit the script he was interested in into a competition, one which states in its entry rules that the script submitted must not have been previously produced.

Has anyone here ever given someone permission to film their script, only to turn around a few months later and go: "Wait a minute, changed my mind - you can't film it now"? It seems pretty shitty to me, but I do think this script has a shot in this competition, and for all I know he's forgotten all about it. I don't want to miss the opportunity, and then not have it produced at all.

Also, the script I'm entering isn't exactly the same as the version the guy has. I mean, it's pretty darn similar, but there are more than superficial differences. Say the original guy has gone and produced it, and I just haven't heard about it yet - could I still enter it into the competition based on the argument that this script, this exact version, hasn't been produced?

Obviously I'm going to email the guy and try and sort this out, but I just wanted to get some advice from anyone who might have been in a similar situation. Any and all opinions gratefully received!
Posted by: mcornetto (Guest), June 11th, 2010, 7:39pm; Reply: 1
Did you have any paperwork involved.  You should always arrange a fixed time period if you're doing an exclusive deal,   usually six months sometimes a year, after that time you can give it to anyone else guilt free.  

The other thing to do is non-exclusive deals.  However, you can get into a bit of trouble there if two filmmakers want to submit the same film into the same festival.

If you didn't do any paperwork then it's up to you and your ethics as to how you handle it.

Hope that helps.  
Posted by: Shelton, June 11th, 2010, 7:53pm; Reply: 2
If you haven't been in contact with the guy in awhile, I'd send an email to see where his progress is before outright telling him he can't use it.  If he admits he's unable to put it together, then you can take the next steps and let him know your plans for the competition.

If he tells you he's in post and can give you a fairly defined completion date, I'd let him keep going unless the competition's prize is something really worth going after.

I'm sure Phil will share his story about NED.
Posted by: JonnyBoy, June 11th, 2010, 8:10pm; Reply: 3
Michael #1: nope. no paperwork. It was never really specified that this was an exclusive deal, either. I'm not sure the guy was much more experienced at this than I am! Although I like to think I'm learning...

Michael #2: good advice. A bird in the hand, n'all that. And if Phil wants to share his NED story, I'm all ears. :)

Thanks, guys. I'll send him an email in the morning and see what's what.
Posted by: Sandra Elstree., June 12th, 2010, 12:30am; Reply: 4

Quoted from Shelton
If you haven't been in contact with the guy in awhile, I'd send an email to see where his progress is before outright telling him he can't use it.  If he admits he's unable to put it together, then you can take the next steps and let him know your plans for the competition.

If he tells you he's in post and can give you a fairly defined completion date, I'd let him keep going unless the competition's prize is something really worth going after.

I'm sure Phil will share his story about NED.


Very good advice.

Listen, I think we writers are such a bunch that as I've mentioned before, "We're like prostitutes or as someone else said, man whores." And I really do feel that way. Like we are so prone to "use" and "abuse" that I can't even drink from the well I dig myself into and I'm sure many of you feel the same way. That's why we're here, after all.

There's so much "sucker material" out there trying to con young enthusiasts that you can be the next J.K. Rowling or David Baldacci, but I'll let you in on a precious little secret:

It's from when I lived in Regina and converted over to Catholic, from Lutheran, just for the helluvit, because you know me, I just go where the good people are, and there all over the fuckin' world... Anyways...

Father Ken, he gave a homily and said, that he reached the point at one time in his life, when he knew he was not going to be the archbishop.

You know, both my husband and myself remember that homily or sermon if you're Lutheran and it was beautiful and he was a beautiful man. Is still, if he's still living in this world and is still if he's moved on to better.

Point is, if we forget about trying so damn hard "to be" whatever it is we're trying to be, I think we'll find ourselves in a very unique place that lends itself so very well towards the thing we actually seek-- that marvelous surge of inspiration and creativity that we're all addicted to.

So anyways, not that I want to give Bert a headache or anything, long story-short...

Embrace the project you're working on and rather than worry on getting it sold, just love it to pieces even if you feel you might die with nothing in your hands.

That's passion.

Cling to the effort; not the outcome.

Sandra
Posted by: dogglebe (Guest), June 12th, 2010, 8:04am; Reply: 5
Send the guy an e-mail, saying that you are going to withdraw his right to produce your work.  If he doesn't reply, then send him another e-mail withdrawing it.


Phil  (man-whore)
Posted by: Polished Productions, June 14th, 2010, 3:03am; Reply: 6
For the future Jonny, I would never talk to anyone without dealing with it in writing and especially lay out all the plans in advance where both parties can agree upon it.

I personally have a contract that I will make sure both parties are satisfied with, and with that being said, I'm under contract for two shorts at the moment.  

Trust me when I say "Ask away."  It's better off getting everything out in the open right away and settling it.  It makes life so much more simpler in the end.

It's a field of trust, and field of thieves.  If you don't protect yourself (each party) then nothing will ever get done.  
Posted by: JonnyBoy, June 24th, 2010, 6:41pm; Reply: 7
Right, competition deadline is nine days away and I still haven't heard back. I'm hoping I will, but I don't want to enter the contest knowing that there's a chance my script will be ineligible...

Hoping this will resolve itself. At least I've learned a lesson from this - time limits on options, and keeping in regular contact with the interested party (even just on a monthly basis).
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