Prodco "rights" when rewriting your own script on spec for free ...

[Justin323]

I know there's been tons of chatter about "writing for free", so let's just leave it that this may be a circumstance where it's the right choice for me; I understand and appreciate all the pros and cons folks have shared in numerous threads here at DDP.

In a nutshell, I've been asked by a very legitimate* prodco if I would be interested in rewriting my spec, "on spec", according to their notes, for their further consideration. (*Well respected shingle; films both at Sundance this year and shortlisted for Oscar, etc.)

Should be said I do have a manager, whose advice and insight I'll be taking on this (we haven't yet spoken, prodco contacted me personally based on pre-existing relationship), but I like to go into everything armed with all the knowledge and experience of the hive mind that I can gather, hence my questions herein.

If we were to move forward, me rewriting to the development exec's notes, would that typically prohibit me (or, by proxy, my manager) from sending the script around town looking to set it up elsewhere and/or sell it? Or is there some sort of understanding that when you're developing your own work for free to someone else's specifications, that you are free to be sending it out in its original state on the side as well?

Any thoughts appreciated as usual.

[jcgary]

I'm always able to negotiate a clause that any and all work I perform reverts to me upon expiration of the option. I've even maneuvered someone ELSE'S rewrite to revert to me -- that was my stipulation if they wanted to get someone else to do the rewrite within the option term (I was on another job at the time and couldn't work on the script). Considering they aren't paying you for an option even, then I'd hope it isn't even a question that you own everything related to the script, rewrite, and ideas they generate. That's usually pretty standard Hollywood policy for free work, though -- if they aren't paying you, they can't claim any part of it.

[SoCalScribe]

I know there's been tons of chatter about "writing for free", so let's just leave it that this may be a circumstance where it's the right choice for me; I understand and appreciate all the pros and cons folks have shared in numerous threads here at DDP.

In a nutshell, I've been asked by a very legitimate* prodco if I would be interested in rewriting my spec, "on spec", according to their notes, for their further consideration. (*Well respected shingle; films both at Sundance this year and shortlisted for Oscar, etc.)

Should be said I do have a manager, whose advice and insight I'll be taking on this (we haven't yet spoken, prodco contacted me personally based on pre-existing relationship), but I like to go into everything armed with all the knowledge and experience of the hive mind that I can gather, hence my questions herein.

If we were to move forward, me rewriting to the development exec's notes, would that typically prohibit me (or, by proxy, my manager) from sending the script around town looking to set it up elsewhere and/or sell it? Or is there some sort of understanding that when you're developing your own work for free to someone else's specifications, that you are free to be sending it out in its original state on the side as well?

Any thoughts appreciated as usual.


Most of the time, issues of ownership when it comes to writing under the direction of someone else arise when that other person controls the rights at the time the writing direction is made and writing services are performed. For example, a production company options your work and asks you to rewrite it. Since this company is asking you to do the rewrite "on spec," I'm assuming that means they're not paying you for it. I'm also assuming (correct me if I'm wrong) that they haven't optioned the work from you.

If that's the case, you probably don't need to worry about it... because the only time they would have a legitimate claim to your work product is if you signed an agreement with a "work for hire" clause in it. In the absence of signing an agreement that assigns your rights (or work product) to them, all rights in and to the project (including rewrites) stay with you, the author. The exception being if this executive is making such extensive changes that he can claim co-authoring credit.

That said, for the avoidance of confusion or doubt, you may want to have documentation with them to make sure everyone is on the same page. A lot of litigation can be avoided by merely spelling things out before you get started. Such as a short email or letter, confirmed by the company, that outlines the working relationship.

No need to risk a lawsuit or even any kind of muddy waters or misunderstandings when you can just write an email before you even start that says, "Please confirm that, as discussed, I will be rewriting my script based on your notes on spec, for which I will not be paid and you will not have any claim to the material until such time (if ever) as you decide to negotiate an option/purchase agreement for the property." If they confirm (which they should), then you have documentation that verifies the arrangement you've made.

[Justin323]

Thanks, guys. SoCal, you're right that we haven't discussed an option, so it would be totally on spec. I both want to work with this prodco, but get my script out there to get read, have some generals, see about that much-discussed OWA-market-off-a-spec, etc. ... So thanks for the input and good advice about simple contracts, etc. Much obliged, as always.

[PrestonW]

In terms of doing free rewrites, the current issue of Script magazine has an article on the issue which I think you may find relevant. They describe it as a very practical exercise in economics--and I agree. Many times writers are asked to do a "free" rewrite. Some battles are worth fighting--some are not. Prod cos want to work with writers who are agreeable and professional. I would give serious consideration to rewriting the script according to the prod cos specifications when feasible. But try to find out where they stand--get a commitment from them. If you do this free rewrite, are they going to buy?

[SoCalScribe]

In terms of doing free rewrites, the current issue of Script magazine has an article on the issue which I think you may find relevant. They describe it as a very practical exercise in economics--and I agree. Many times writers are asked to do a "free" rewrite. Some battles are worth fighting--some are not. Prod cos want to work with writers who are agreeable and professional. I would give serious consideration to rewriting the script according to the prod cos specifications when feasible. But try to find out where they stand--get a commitment from them. If you do this free rewrite, are they going to buy?


I would like to point out, though, that a company that's willing to commit to buying it unconditionally upon delivery of a rewrite should have no problem buying it first and incorporating a rewrite into the purchase agreement. In a situation where a company guarantees they'll buy something if you do something for them, there's no reason to do it on spec... they're committing to it; why not put it in a written agreement?

In any given transaction, the company's goal is to get as much (work, rights, time, etc.) as they can for as little money as possible. This might include asking for free work, telling you that they're "this close" to making it happen... if only you could tweak a couple of scenes... etc. etc. etc. Not all companies do this maliciously (some genuinely think that these tweaks are getting them closer to where they need to be), but the situation remains the same. They want to avoid paying you if they can (sometimes because they actually can't).

That's not to say that working for free should never be done. Sometimes the situation warrants it. Maybe you want to preserve a relationship with someone, so you don't mind spending a weekend punching up the dialogue. Or maybe the company's been good to you and already paid you a lot of money, and you don't want to make a big deal over one additional scene they want you to fix. Then again, if they haven't paid you anything and you have no prior working relationship, then you should consider very carefully WHY you'd work for them for free... and what you're getting out of it beyond promises that "maybe it will get us where we want to be."

There's an old Chinese proverb about gambling... which is actually very appropriate in these circumstances too:

If you must play, decide upon three things at the start:
the rules of the game, the stakes, and the quitting time.

This goes for any screenwriting situation with a company, but applies especially to working on spec. If you decide that you're willing to invest your time in working for free, make damn sure that you (and they) are crystal clear on what you'll be doing, what you're doing it for (i.e. increased compensation later), and when enough is enough. Otherwise, they'll just keep coming back asking for more and more.

The last company I worked at - while well intentioned - convinced two writers on two separate projects do to months of work on their scripts because the projects weren't getting any traction. Of course, they had no development money, so they couldn't pay. Both writers became extremely disgruntled (and who wouldn't after several unpaid rewrites and polishes?), and the whole relationship ended up going sour because the company was genuinely trying to get the scripts to appeal to distributors, financiers, etc. and address their concerns to make the project more appealing... and the writers felt like they were being taken advantage of. Both parties wanted to get the movie made, but since there wasn't a clear understanding of how the "spec" writing relationship would work, they ended up resenting one another because they each felt like the other wasn't taking their concerns seriously.

With any working relationship, it all comes down to how much you're willing to do, for what in return. That MUST be clearly spelled out, or there's a good chance one (or both) of you will end up unhappy with the arrangement when things get tough.

[Justin323]

Great advice and thoughts, guys, thank you. My manager said not to do a free rewrite now and wants to take the script out wide in hopes of meetings, etc.; my inclination to work for free would be wanting to build a relationship, and to move the project forward ...

That proverb is excellent, and I wouldn't work for free without having some very clear communication about what is expected, what it may lead to, and for how long ... (rules, stakes, quitting time.) Thanks for your generous responses, I greatly appreciate it.