Couple of business questions for the pros

[Centurio]

Two questions for the pros:


Background: A writing partner and I wrote a script for an established indie production company - primarily known for low-budget (1.0 - 4.0 million) films. This was a work for hire situation -- not a spec sale.
The contract stipulated primary payment due on first day of pre-production and obligates us to a rewrite and a polish.


Question 1: I’m aware of the “definition” of pre-production, but in your experience, what actually constitutes a high-enough level of pre-production to reach a threshold where payment would be expected? Attaching a director? Finalizing a budget?


Question 2: What is considered a re-write? We have received a couple of rounds of notes already and made the changes requested. The most extensive of these were due to budget constraints. That “rewrite” removed characters, locations, merged characters, etc. Is there a “norm” for rewrites or do most writers overlook a steady diet of notes and tweaks and just knuckle down and do them?


Thanks in advance for the help.

[Craig Mazin]

There are lots of ways to define the start of preproduction. If they're not spelled out in your contract, you'll have to argue for one of them.

They could be anything from "green light" to "hiring of a DP, 1st AD or production designer" to "hiring of a director" to "commencement of scouting." Hopefully something *is* spelled out in your contract.

Your second question is something we all struggle with at every level.

Rewrite, unfortunately, covers just about everything, from a week of work to two months of work. Rewrites can be extensive. Generally speaking, I don't penalize people for giving me little stuff... I sort of think of it like a tank of gas. I'm promising them a decent amount of work for the rewrite, so I play it by ear, and after a while, I have my reps say, "Okay, that's been four weeks of work, we kind of need to say the rewrite is bought and paid for, and move on to the polish."

The other way of going is to say, "Hey, we have these steps built in, but the production is sort of using my writer like he's on an all-services deal, which is fine, but let's dump these steps and negotiate an all-services, so we don't have to sit here and watch the clock... not good for my guy, not good for you guys either if that's the arrangement."

[TravisPickle]

I have to say, I am slightly baffled by the "primary payment at pre-production" thing. I can see why you're confused.

A 3 step deal (draft, re-write, polish) with a bonus if the script goes into production is standard. But what you are describing sounds almost like a spec assignment, with payment involved IF the project reaches the next step.

In terms of what that next step is, I would say... pre-production is when financing is secured, and the main elements (lead, director, producer) are attached.

Regarding re-writes and polishes... I agree with Craig- it's sort of up to you.

Bottom line: if you really, really love a project and it takes you a bit more to get to the promised land, that's just life. We're obviously working in a murky, unpredictable realm- and it is as unpredictable to us as it is to those hiring. So a nice bit of mutual respect is crucial.

I think it's really important to keep in touch with the producers or execs, giving them a super detailed outline, explaining the tone of the picture, bringing up some awesome touchstone movies (this one is v. helpful)

You want people to know what you are delivering before you deliver it- you can't give them E.T. if they were expecting Alien.

Generally though: a re-write can be pretty massive, incorporating structural changes, character, plotting, basically everything. That's completely up to them.

A polish, on the other hand, usually deals with dialogue, settings, adding or deleting scenes, etc.

Just make sure you love the project enough to do work that you are not getting paid for.

Hope this helps!

[SoCalScribe]

Originally Posted by Centurio

Two questions for the pros:


Background: A writing partner and I wrote a script for an established indie production company - primarily known for low-budget (1.0 - 4.0 million) films. This was a work for hire situation -- not a spec sale.
The contract stipulated primary payment due on first day of pre-production and obligates us to a rewrite and a polish.


Question 1: I’m aware of the “definition” of pre-production, but in your experience, what actually constitutes a high-enough level of pre-production to reach a threshold where payment would be expected? Attaching a director? Finalizing a budget?


Question 2: What is considered a re-write? We have received a couple of rounds of notes already and made the changes requested. The most extensive of these were due to budget constraints. That “rewrite” removed characters, locations, merged characters, etc. Is there a “norm” for rewrites or do most writers overlook a steady diet of notes and tweaks and just knuckle down and do them?


Thanks in advance for the help.

A lot of writers struggle with and argue over what constitutes a rewrite. The official WGA definition of a rewrite is, "significant changes in plot, story line, or interrelationship of characters in a screenplay." A polish is defined as, "writing of changes in dialogue, narration or action, but not including a rewrite." Many heated conversations are had over what constitutes "significant" changes... but those are basic guidelines you can use to determine (or argue) whether you're being asked to do a rewrite or a polish.

With regards to the first part of your question, pre-production can be a tricky thing to define as there are often no hard start dates like there are with principal photography. As Craig said, you're probably going to have to argue your point, but you've got a pretty good case that they've started pre-production if any of the following have occurred:

• If pre-production activities have been commenced for anyone else (like the director or producer or actors). Other talent often have things like start dates for work, guaranteed consultation/meetings, etc. during the pre-production phase, so if any of them have already had those meetings or been commenced on those steps, you've got a pretty good precedent for arguing that the project has started pre-production.
• If they've started scouting locations for the shoot.
• If they've started hiring production personnel.
• If they've applied for a production tax credit.
• If the production has been fully funded.

A good rule of thumb is that if the production has been funded and is spending money, they're in pre-production. Up until that point, it can still be argued that they're in the "development" phase of the project. But if they're ramping up to shoot, sending people to scout, commencing official steps in other people's contracts, and the production has started paying for these things... you've got a pretty good argument that they're in pre-production.

[DavidK]

Originally Posted by Centurio

Question 1: I’m aware of the “definition” of pre-production, but in your experience, what actually constitutes a high-enough level of pre-production to reach a threshold where payment would be expected? Attaching a director? Finalizing a budget?

A number of producers/prodcos define pre-production as commencing when the Line Producer starts work and I know of some who use the day the director's contract begins. But as others have said it can be different things for different people so make sure the contract defines the beginning of pre-production.