Hey guys:) I've got a friend in entertainment law who was supposed to be getting back to me about this question, but he hasn't yet and I've gotta get moving on this project.

I replied to an ad for a script editor and was sent the script to have a look at. The thing is, it was a narrative (without any real plot), not a screenplay. So, after a lot of going back and forth with suggestions, thoughts, ideas, etc., I will be writing the screenplay based loosely on the narrative and with (let's call him...) Harry's input for authenticity and on the overall feel of the story.

My question now is...what kind of a contract does that call for? What kind of figures/percentages would be fair? And is there a template somewhere online?

Let me know if you need any more information. Whatever help I can get is hugely appreciated:)

R

I'm not big on "templates" because every situation is different and calls for different items to be negotiated (read--get a good lawyer).  That being said, the wga has a bunch of contracts online here:

http://www.wga.org/content/default.aspx?id=1027

Without knowing more about Harry or his intentions, it’s hard to offer advice. It sounds like he gave you a very basic treatment and, after getting your notes, requested for you to write a script. How much you ask should depend on the odds of this script getting produced.

If Harry is planning to produce the film himself, and has the reasonable ability to pull it off, then you might take a smaller percentage; say, three to five percent of budget up front or three to five percent of gross profits on the backend. Or a combination of both.

If Harry wants you to write on spec, i.e., he plans to sell the completed script, then you should ask for a much higher percentage because you’re taking a much higher risk with a much lower chance of seeing a payday.

In this business, writing on spec is rampant while paying gigs are rare so, most likely, Harry wants you to work on spec, meaning he doesn’t intend to pay you anything up front for your work. He probably intends to pay you with a percentage of the sale. And since the odds of you getting a produced film from such an arrangement are slim to none, that means you probably won’t receive a single cent for your work.

My suggestion to any potential spec writer is to ask yourself how much the premise excites you. If you’re not on fire for the project, I would suggest you reconsider very carefully whether or not you want to be involved. When premises aren’t exciting, the process is usually reduced to the dull tedium for the writer.

Hope this helps. Good luck. :)


Breanne

Quoted from Breanne Mattson If Harry wants you to write on spec, i.e., he plans to sell the completed script, then you should ask for a much higher percentage because you’re taking a much higher risk with a much lower chance of seeing a payday. In this business, writing on spec is rampant while paying gigs are rare so, most likely, Harry wants you to work on spec, meaning he doesn’t intend to pay you anything up front for your work. He probably intends to pay you with a percentage of the sale. And since the odds of you getting a produced film from such an arrangement are slim to none, that means you probably won’t receive a single cent for your work. My suggestion to any potential spec writer is to ask yourself how much the premise excites you. If you’re not on fire for the project, I would suggest you reconsider very carefully whether or not you want to be involved. When premises aren’t exciting, the process is usually reduced to the dull tedium for the writer.

Thanks so much:) Yes, it'll be on spec. He's fairly confident it will sell, but as you pointed out, that doesn't mean that anything will ever come of it. Fortunately, I am pretty excited to be involved in this project, even if it never amounts to more than words on a page. And since I'm only starting out, I'm also in it for the experience of the process.

So, based on that, what kind of percentage should I stipulate? And what role does Harry play in the contracts? Is he more like a producer in this scenario?

Sorry for asking what are probably pretty basic questions. This is new to me:)

And thanks, PD, for the link!

It sounds like you have a positive attitude about it. That’s good. And, yes, experience itself is very valuable.

Regarding Harry’s role, I couldn’t say. There are numerous instances in which someone might develop a script. He could be a producer, an executive for a development company or even a director. It really just depends on the parameters you both agree on.

Regarding your percentage, that depends on the limits of each other’s contributions. If you both plan to work together and both plan to be involved with selling, then it might be an equal partnership, in which case you might be in for fifty percent.

If it’s a case where Harry has all the contacts and intends to handle the business end, as well as overseeing script development, and you are primarily there in the capacity of a writer-for-hire, then your relationship might be essentially that of employer and employee, in which case your percentage might be considerably lower.

Depending on the situation, your portion might be anywhere from ten to fifty percent. I’m by no means an expert but, by my understanding, thirty percent for the writer is fairly standard in spec writer situations where people in Harry’s position have the contacts and primarily handle the business aspects.

Some things to consider:

The film industry is full of people who blow themselves up to be much bigger than they are. Just because someone throws the word Hollywood around and claims they talked to George Clooney the other day means diddlysquat. This is a business where people are always blathering about their million dollar projects that exist only in their dreams. So beware. The tinsel is blinding.

Secondly, there are other things to consider besides your percentage, such as what happens if the script sells. Is there a minimum amount it must sell for? How will your credit be reported to the WGA? Does Harry already have an interested buyer? What happens if the script doesn’t sell? Do you get the rights? Can you rewrite it or sell it on your own? These are all issues that have to be worked out between you and Harry. You need to clarify the working arrangement. If Harry remains vague about it, that would be a red flag.

Once you have a better idea of the situation, you’ll have a much clearer picture of your contribution and what’s acceptable compensation.

Hope it works out for you. Wish you the best. :)


Breanne

Awesome, thanks so much:) That's exactly what I needed to know.

Rebekah:)