Re: Writing on Spec Question
Nobody here chiming in.
I can't tell you what to do, but I'll tell you what I'd do... If I loved the idea and I thought I could execute it I would definitely consider it, but only IF I had a written contract that stated I would be the sole copyright holder-- and that it was not a collaboration or any kind of shared writing partnership.
That after a specified period of time that if the producer couldn't get it set up (after a seriously reasonable amount of time), then I was not beholden to that producer and my manager and I could try to get it set up elsewhere down the line. The point is to keep your writing under your control. This may or may not be a deal breaker for the producer.
The intentions or desires of the producer are unclear, so I don't know if their understanding is that because they have the idea that that entitles them to shared story by or screenplay by consideration. Those go to the person that actually does the writing.
If they have an outline that you'd be working from then there might be a claim to shared story by (understanding that if WGA it would be up to the guild to decide credit).
I would consider writing an outline, then submit it for notes. I'd write the first draft alone and turn it in, for notes.
I would imagine that you could have your lawyer (a lawyer) draw up a contract for deferred payment for the steps (outline, first draft, second draft, polish) that, should the script get set up, you would receive some kind of immediate payment-- you don't get anything if you don't ask for it, right?
You might not get everything you want, and you'll have to decide what the deal breakers are, but you are in a much better negotiating position if you know what you want and what your bottom line is-- it helps take any emotion out of it.
It doesn't matter what allegiances your manager has. Your deal it with the producer. If you ink a deal you're happy with and can live with, that's all that matters. Your manager works for you, not the other way around.
Your manager may give you advice, he/she may suggest you make certain concessions and as long as you ask the reasons for the concessions, and understand the motivations for what those recommendations are, you can make an informed decision to what you will agree.
Good fortune to you.
Originally posted by LiteBrightWrite
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I can't tell you what to do, but I'll tell you what I'd do... If I loved the idea and I thought I could execute it I would definitely consider it, but only IF I had a written contract that stated I would be the sole copyright holder-- and that it was not a collaboration or any kind of shared writing partnership.
That after a specified period of time that if the producer couldn't get it set up (after a seriously reasonable amount of time), then I was not beholden to that producer and my manager and I could try to get it set up elsewhere down the line. The point is to keep your writing under your control. This may or may not be a deal breaker for the producer.
The intentions or desires of the producer are unclear, so I don't know if their understanding is that because they have the idea that that entitles them to shared story by or screenplay by consideration. Those go to the person that actually does the writing.
If they have an outline that you'd be working from then there might be a claim to shared story by (understanding that if WGA it would be up to the guild to decide credit).
I would consider writing an outline, then submit it for notes. I'd write the first draft alone and turn it in, for notes.
I would imagine that you could have your lawyer (a lawyer) draw up a contract for deferred payment for the steps (outline, first draft, second draft, polish) that, should the script get set up, you would receive some kind of immediate payment-- you don't get anything if you don't ask for it, right?
You might not get everything you want, and you'll have to decide what the deal breakers are, but you are in a much better negotiating position if you know what you want and what your bottom line is-- it helps take any emotion out of it.
Again, while I am new to screenwriting and I am getting great responses from many industry execs for my work. However, my biggest fault is that I am not familiar with what I need to do to protect myself in this process. I do have management but I'm not entirely sure his allegiance is to me or the producer.
Any suggestions?
Any suggestions?
Your manager may give you advice, he/she may suggest you make certain concessions and as long as you ask the reasons for the concessions, and understand the motivations for what those recommendations are, you can make an informed decision to what you will agree.
Good fortune to you.
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