7 Dealpoints You MUST Have In Your Screenwriting Contract

Collapse

Announcement

Collapse
No announcement yet.
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 7 Dealpoints You MUST Have In Your Screenwriting Contract

    Hi Everyone,

    In this week's film on SCRIPTFELLA, I open up one of my writing contracts, share the numbers and explain what the legal terms mean. Along the way, we lift the lid on the evils of Hollywood Accounting, explain the difference between potential vs reality earnings...and the reason why you should NEVER work "for net-.

    You Tube Link: https://youtu.be/CQo4UUNJI-M

    Full disclaimer - I'm not an attorney or an expert in entertainment law. Everything I know about screenwriting contracts, I picked up on the job over the years and learned at the side of my various representatives - the eight agents, three managers and one seriously-useful attorney...

    If you find this film about screenwriting contracts useful, please spread the word and share with other screenwriters.

    Very best,

    Dominic

    Who is SCRIPTFELLA?

    I'm a seasoned screenwriter, story consultant, film & TV lecturer. I've been optioned or commissioned by over 30 US and UK studios and production companies including: Universal Studios, Working Title, Bold Films, Scott Free, BBC and ITV. Recent produced credits include the award-winning motion picture Bram Fischer (2017) and the not-so-award winning Hard Target 2 (2016)...

  • #2
    Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

    well done. this should be a sticky. thanks for posting.
    "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

    Comment


    • #3
      Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

      Thanks for the feedback Lisa, I'm v. pleased you found the contracts vid useful.

      Best,

      Dominic

      Comment


      • #4
        Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

        Great stuff, thanks Dominic.

        Comment


        • #5
          Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

          For those who may not have received their first option offer yet, you'll want to pay close attention to the "floor" and "ceiling." I received an option offer that stated the purchase price was 2.5% of the budget with a ceiling of $200,000. This was unacceptable to me and my team at the time because it was easily going to be a $50.0 million budget with a big opportunity for franchise prequel and sequels. I wrote it specifically with that in mind. I wasn't expecting $1.2 million but this wasn't a fair offer at all.

          There were other issues that were not in my interest either, so the price was still in play. It was the free rewriting that was the problem. and being able to keep all the rewrites-- I wanted to keep any work i did on drafts.

          I will also say that this company was both a production house and a management company and I felt like they had plans on turning it over to one of their other client writers. nothing was in writing, it was just the language of it that made me feel that way. They definitely were looking to specifically package it with an A-list actor and director.

          And you don't know what they will or will not agree on. They agreed that myself and my producer would retain the right to approve the director and talent if they were able to secure financing. nice, right? That was my lawyer's idea. He's a high profile lawyer-- smart at ****.

          IMO, you HAVE to read every line of the offer and you have to mark it up and send it to your lawyer. You need to understand everything that is and is NOT being offered.

          And remember, during the negotiating process you can strike through lines and you can add language if something is too vague or ambiguous.

          And even if you're not WGA you can negotiate with those same expectations, so understand the MBA, so you're in the best position possible to negotiate on your own behalf.

          Also, even if the production company isn't a signatory you can still demand that they honor the MBA terms on the option and for sequel and prequel first right of refusal in a two step deal on each sequel or the prequel.

          It may never get made, but protecting your interests if you can, is best. You won't always get what you want, so you'll have to decide what is the standing ground at which you will not go below, know what i mean?

          My point is, be your own best advocate and do not solely rely on your team to advise you. they will help you determine which are the battle fields and which is the war.

          And remember, before you open the offer, and this is really important, their job is to secure your script for the least amount of money possible. Keep that in mind while you're reading it, because your first thought might well be, "tell them to go **** themselves." haha.

          Sorry, i sorta went off on a tangent here, but I think there are a lot of writers who just don't know enough when that first offer comes. It's a whole new nightmare.

          Happy Hump Day!
          "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

          Comment


          • #6
            Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

            This is cracking advice, Lisa. Particularly the point you touch on about managing your reps and not leaving all the decisions to them. As the writer, you are the copyright owner and creator. Nobody can negotiate a deal without your okay. Which is why every writer needs to be on top of the figures and know what constitutes a fair deal - so they know when to say no.

            My next video on Scriptfella will be about how to negotiate a fair script deal, with or without a rep...

            Comment


            • #7
              Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

              Originally posted by SCRIPTFELLA View Post

              My next video on Scriptfella will be about how to negotiate a fair script deal, with or without a rep...
              Looking forward to the next video, something that will help us all, and really appreciate you taking the time to help fellow writers.
              "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

              Comment


              • #8
                Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                The next video's already up on YouTube, but I'll let ScriptFella announce it.

                It's great! I'd just seen Nightcrawler, clips from which he borrows to make his points, so I really enjoyed this one.

                Edit: How to Negotiate a HOLLYWOOD DEAL
                Last edited by catcon; 04-17-2019, 05:17 PM. Reason: Added the link

                Comment


                • #9
                  Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                  Hey Catcon,

                  Thanks for the shoutout - very pleased you dug the new vid.

                  best

                  Dominic (Scriptfella)

                  Comment


                  • #10
                    Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                    Really good stuff. Thanks for posting.

                    ~Dixon

                    Comment


                    • #11
                      Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                      Sorry double posted
                      Last edited by SCRIPTFELLA; 04-17-2019, 01:55 PM.

                      Comment


                      • #12
                        Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                        Originally posted by finalact4 View Post
                        It was the free rewriting that was the problem.
                        And that's exactly what has come up in a contract I'm expected to sign...If the producer "elects to commission any further drafts, rewrites or polishes to the Script, the Writer hereby agrees to do any further amendments as reasonably required by the Producer for no further payment."

                        Now this is slightly different, as the script is based on his idea. But as the option is for 3 years, I guess I'm expected to work for nothing as he sees fit..?

                        Comment


                        • #13
                          Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                          Originally posted by sherbetbizarre View Post
                          And that's exactly what has come up in a contract I'm expected to sign...If the producer "elects to commission any further drafts, rewrites or polishes to the Script, the Writer hereby agrees to do any further amendments as reasonably required by the Producer for no further payment."

                          Now this is slightly different, as the script is based on his idea. But as the option is for 3 years, I guess I'm expected to work for nothing as he sees fit..?
                          Personally, I don't see how you do that when you don't even have a script to start with, but what may get them to come off that horse is if you retain all rights to the work, all drafts, including rewrites directed by them, as well as restricting them from bringing any outside writers in to rewrite your work.

                          I walked away because of both the free rewrites, their option to bring in another writer at their leisure, and a too low ceiling, which should have actually been the floor. they are a mid-sized prodco, who would do the packaging and also had a separate arm that was a management agency, so I really saw this as an opportunity for them to turn my IP over to someone else to rewrite. it's like, no, not gonna happen.

                          Know your value. understand the value of your script, too. cuz some IPs are huge opportunities for a franchise and others are simply a one off, right?

                          What you don't want is to have an incredible draft that you can't use should things fall apart three years down the line. They shouldn't be able to use it either. But you don't want your time to have been a waste, so if you really believe you can execute the script, then you want to keep all rights to all drafts you write in lieu of rewrite payment. If it's a good idea/concept, that could have value. it's really something you should discuss with a lawyer. for me, I don't ever want to work for free. That's one consideration.

                          Are they paying for the first draft? two steps? Then any rewrites are free? Is that the request?

                          The three year option, jeez that's steep.

                          Was the story your pitch or did they pitch you?

                          Honestly I don't want to write for free, and writers shouldn't have to, because we can use that time to write a spec that we could sell because we own it outright. that's how I feel. My manager at the time (managerless now so will be looking when new spec is ready) never suggested that i consider rewrites for free. He was primarily a producer.

                          I think it's really shitty to ask a writer to work for free. How would they like to work for nothing? I mean, do their creditors allow them to defer their monthly bills based on possibly selling something three years down the line? Maybe they need to work harder to find a partner with some cash?

                          Anyway, just food for thought.
                          "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

                          Comment


                          • #14
                            Re: 7 Dealpoints You MUST Have In Your Screenwriting Contract

                            Thanks for taking time to reply. Turns out the contract was meant to say if the DIRECTOR asks for rewrites or additions etc then those should be for free. So not much difference really.

                            Originally posted by finalact4 View Post
                            Are they paying for the first draft? two steps? Then any rewrites are free? Is that the request?
                            Yeah, my fee for handing in the first draft is seperate to the Option Contract. And they want me to sign this contract first.

                            Was the story your pitch or did they pitch you?
                            It's the Producers story, so he pitched it to me. No doubt he'll want polishes too...

                            Comment

                            Working...
                            X