So here's the situation, or rather dilemma...

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  • #16
    Re: So here's the situation, or rather dilemma...

    Since you guys or gals have more experience this is what I never got about "IP" and Hollywood. Let's just take something famous -- OJ Simpson. What do I need to write a story about him since it's based on a real guy? Any book? But I can write a movie about a football player named MILK right that kills his wife too and go to trial -- and I don't need IP right?

    If I read a story about a woman who say turned PINK after drinking only pink lemonade do I need to option that Vanity Fair article or can I just write a take off of that where a woman turns BLUE from only eating blueberries all day and night? I mean that is what confuses me.

    That's what I don't get 99% of the time. I read things in news and that sparks an idea of how to make that real life situation into a movie. But I don't see why you need rights unless you're trying to make a movie based on a toy or board game or brand.

    In other words -- why the hell did you need the article to write your story? Sounds like you probably didn't.

    And if one writer and place options a big article, do all other writers just agree not to write a similar idea? I doubt it.

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    • #17
      Re: So here's the situation, or rather dilemma...

      Originally posted by finalact4 View Post
      some things to consider... i'm not a lawyer, but from what you've said...



      seems to me you can pull up the emails and schedules around the meeting in question and put any discrepancy to bed. if you don't do it yet, you should consider making it a habit of just "recapping" meetings. you can say it's for your records and if the other party would like a copy, then you'd be happy to cc them on the doc.



      okay, so you developed it together. let's talk about what that looks like. if he offered notes and you went back and wrote the spec he has no claim to "story by" or "written by," because you have to actually be able to prove you've done half the work in the guild's eyes. pretty sure i have that right, but you can always review the requirements for your own ease of mind.

      if he did actual writing on the document, he might have a claim.



      in the future, consider even just an email to outline the idea behind what you're going to do. it's a record of expectation and could have helped you a lot here, even if it's not a contract.



      from what you've said, it doesn't seem so. he never gave you payment for writing services, right? therefore, you are not a "write for hire." as you've stated, it was your idea, he loved it, you adapted it from your feature work on your project. did you agree to write on spec? did you agree that when he paid for the rights that part of your half of the acquisition of the IP would be paid for with your writing labor? how were you going to be compensated for writing the script? was it even discussed? it looks like you are a screenwriter selling a spec and said producer bought the IP rights to be "attached" to the project as producer. is that your understanding?

      what rights to the IP does said producer own? is it an option or an outright sale of the rights to the article? if it's an option, is it an option for TV rights or film rights as well? you might need to buy the rights, or have another producer buy the rights if you feel it's still something you want to pursue.



      he may own the rights to the article, but unless and until he pays you for the screenplay that you've written, if you did all the writing alone, had the original idea, then no, he can't go out and pitch that version or your execution.

      so you do have an opportunity to course correct. if you're willing to let go of the spec, offer to sell it to him outright or ask him for a promissory note-- definitely get your lawyer involved. your lawyer works for you, not your managers or agent. it's in your best interests now to resolve the situation.



      food for thought.
      good luck,
      FA4

      i'm sure others with more experience will be of more help soon.
      Sorry, didn't mean to ignore this after you took the time to answer. Yes, you're absolutely right about recapping with him over email. I'll have to do this the next time because we're too far down the line for that now, unfortunately. We're about to do our last pitch with a buyer and I believe that's going to be it (at least it will be for me). And it is a pitch, not a script. I did the script on spec thing with a producer once years ago. Never again.

      It was never a feature that I was adapting. I was trying to develop one, and I was failing miserably. He thought it would be a good series, and we went from there.

      As other have pointed out, the problem is the IP he optioned after the meeting. And as Satriales alluded to, it's a thing to backstop an original idea with IP in order to have more control over it.

      I'm walking away from it once we're done pitching. I don't really see any other course.

      Thanks, FA4!

      Comment


      • #18
        Re: So here's the situation, or rather dilemma...

        Originally posted by Bono View Post
        Since you guys or gals have more experience this is what I never got about "IP" and Hollywood. Let's just take something famous -- OJ Simpson. What do I need to write a story about him since it's based on a real guy? Any book? But I can write a movie about a football player named MILK right that kills his wife too and go to trial -- and I don't need IP right?

        If I read a story about a woman who say turned PINK after drinking only pink lemonade do I need to option that Vanity Fair article or can I just write a take off of that where a woman turns BLUE from only eating blueberries all day and night? I mean that is what confuses me.

        That's what I don't get 99% of the time. I read things in news and that sparks an idea of how to make that real life situation into a movie. But I don't see why you need rights unless you're trying to make a movie based on a toy or board game or brand.

        In other words -- why the hell did you need the article to write your story? Sounds like you probably didn't.

        And if one writer and place options a big article, do all other writers just agree not to write a similar idea? I doubt it.

        The truth is: the ONLY reason you need it is because everyone in Hollywood is a pu$$y. They WRONGLY believe that something is better if it's based on something else. They don't trust writers to create something good from scratch. It's merely the illusion of "this story is vetted.-
        Bruh, fukkin *smooches*! Feel me? Ha!

        Comment


        • #19
          Re: So here's the situation, or rather dilemma...

          Originally posted by GucciGhostXXX View Post
          The truth is: the ONLY reason you need it is because everyone in Hollywood is a pu$$y. They WRONGLY believe that something is better if it's based on something else. They don't trust writers to create something good from scratch. It's merely the illusion of "this story is vetted.-
          We're looking for the next A Quiet Place...oh great - is this based on a true story??

          Comment


          • #20
            Re: So here's the situation, or rather dilemma...

            That's what I figured. Isn't this business so so so great???

            Next spec I write, I'm also writing an article before I start, get it published for free, then say I adapted my own work from the IP.

            Comment


            • #21
              Re: So here's the situation, or rather dilemma...

              Originally posted by Satriales View Post
              We're looking for the next A Quiet Place...oh great - is this based on a true story??
              Exactly! Fukkin stupid.
              Bruh, fukkin *smooches*! Feel me? Ha!

              Comment


              • #22
                Re: So here's the situation, or rather dilemma...

                Originally posted by Bono View Post
                That's what I figured. Isn't this business so so so great???

                Next spec I write, I'm also writing an article before I start, get it published for free, then say I adapted my own work from the IP.
                Probably not a bad idea. I don't trust these fools to 'get' when something is good, what's the IP? Idiots!
                Bruh, fukkin *smooches*! Feel me? Ha!

                Comment


                • #23
                  Re: So here's the situation, or rather dilemma...

                  Originally posted by Bono View Post
                  That's what I figured. Isn't this business so so so great???

                  Next spec I write, I'm also writing an article before I start, get it published for free, then say I adapted my own work from the IP.
                  I like this strategy!

                  Comment


                  • #24
                    Re: So here's the situation, or rather dilemma...

                    Jeff Maysh just sold another article. He's got it figured out. The Monopoly article was done explicitly to get the end result that it did.

                    Comment


                    • #25
                      Re: So here's the situation, or rather dilemma...

                      Originally posted by Satriales View Post
                      Jeff Maysh just sold another article. He's got it figured out. The Monopoly article was done explicitly to get the end result that it did.
                      But is he writing any of the scripts? I see other writers adapting the material. Still, good for him.

                      Comment


                      • #26
                        Re: So here's the situation, or rather dilemma...

                        Originally posted by docgonzo View Post
                        But is he writing any of the scripts? I see other writers adapting the material. Still, good for him.
                        I'm talking merely from preying on the lust for easy IP. I don't even know if he's a screenwriter.

                        Comment


                        • #27
                          Re: So here's the situation, or rather dilemma...

                          Originally posted by Satriales View Post
                          Jeff Maysh just sold another article. He's got it figured out. The Monopoly article was done explicitly to get the end result that it did.
                          Guess I gotta look that up. I remember (years ago, 15?) chatting with an exec at Robert Zemeckis's Christmas party about them trying to do the Monopoly movie and not knowing how to make a "nice- movie essentially about a slum lord A-Hole. I was like "Agreed, I don't get how to do it off the top of my head.-
                          Bruh, fukkin *smooches*! Feel me? Ha!

                          Comment


                          • #28
                            Re: So here's the situation, or rather dilemma...

                            Originally posted by GucciGhostXXX View Post
                            Guess I gotta look that up. I remember (years ago, 15?) chatting with an exec at Robert Zemeckis’s Christmas party about them trying to do the Monopoly movie and not knowing how to make a “nice” movie essentially about a slum lord A-Hole. I was like “Agreed, I don’t get how to do it off the top of my head.”
                            Not the same thing. Not the game from Hasbro. Jeff wrote a Daily Beast article entitled "How An Ex-Cop Rigged McDonald's Monopoly Game And Stole Millions." The rights were picked up in August 2018. It's about a man who rigged/cheated the McDonald's Monopoly give-away game. 20th Century Fox and Pearl Street look to do it more as a true crime drama story. Yes, the give-away was based on the game, but two different projects completely.
                            Will
                            Done Deal Pro
                            www.donedealpro.com

                            Comment


                            • #29
                              Re: So here's the situation, or rather dilemma...

                              Originally posted by Done Deal Pro View Post
                              Not the same thing. Not the game from Hasbro. Jeff wrote a Daily Beast article entitled "How An Ex-Cop Rigged McDonald's Monopoly Game And Stole Millions." The rights were picked up in August 2018. It's about a man who rigged/cheated the McDonald's Monopoly give-away game. 20th Century Fox and Pearl Street look to do it more as a true crime drama story. Yes, the give-away was based on the game, but two different projects completely.
                              Ahh that. Gotcha. Yeah, I remember that story. Thanks for clarifying.
                              Bruh, fukkin *smooches*! Feel me? Ha!

                              Comment


                              • #30
                                Re: So here's the situation, or rather dilemma...

                                I looked Jeff Maysh up in IMDbPro. He has like four screenplays in development from the 2015-2016 period. Then he optioned two articles in 2018. It's like he figured it out -- get them out as articles first. I'm reading into this, but anyone with IMDbPro can look him up. He's repped by Intellectual Property Group, which has a lot of clients who write novels/books on their client list - Liane Moriarty, Sue Grafton, Patrick Rothfuss, etc. Interesting!

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