Can someone really do this?

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  • Can someone really do this?

    Hi all,
    Ok, first I want to apologize in advance if this post is a little long.

    My dilemma that I need advice on is this:

    I was approached by a producer (small time yes) and asked that I co-write a script based on an idea he had. Also he said he had funding to produce it when completed. He then forced me into signing 2 contracts, one with him as a co-writer stating that he will get equal credit and pay if sold to another production company, and another with him as a producer that stated he would do a 4 month option with pay to me when the script was done and that if after the 4 months he decided to not option further I could then seek other production companies. Pretty standard stuff. Nothing too nefarious.

    Well long story short, I finished the script. He did none of the writing. After I signed the contracts he then told me he really didn't know how to write. He sent me what he had written and yes he really doesn't know how to write a screenplay. So I took what he wrote and changed it almost 100% (it was only a few pages anyway) and then proceeded to write a full feature. He only added in a few thoughts here and there.

    Then when it was ready to begin production, his funding fell thru. His investor had something happen. The producer did do the 4 month option and paid me for it. Then he did not renew the option, but said he was putting the script "on the back burner" as he began working on a tv production.

    I then asked him if he was going to help pitch it to other production companies as he was a co-writer. He of course said sure and of course he hasn't.

    The writers contract says if one of the writers does not put forth maximum effort with the script they will be considered off the project and will only receive credit for their part. Plus the prod contract says the writers can pitch to other companies if the option was not renewed. I contacted him recently to tell him this and he got very defensive and basically said we should divide up the script and he will take what he wrote and that he will "nonetheless" be producing it after rewriting it even if it takes years and that he can't even begin to think about looking at the script until late this year.

    To me that statement says he feels he still has "ownership" of the script as a producer and that I cannot pitch it to anyone else. Also he didn't actually write any of it. He did have some thoughts which I tried to put into the script when I wrote it.

    He seems to be holding it for ransom and I do not know what to do. I want to pitch it to managers and production companies, but he mentioned bringing in lawyers and I cannot afford all that. So am I screwed? Is this script lost now to me?

    I feel he broke both contracts when he mentioned he won't even look at it until late this year because the writers contract says "maximum effort" which to me means he is not doing that. And the prod contract in the fact that he is now saying he is holding the script to make later means to me that he is saying I cannot pitch it to anyone even though the option is off the table.

    I hope all this makes sense. I am very upset by all this and need some sound advice. I thank you in advance. (and yes, I was probably stupid to sign anything with this guy, but you do things to hopefully get your work made).

  • #2
    Re: Can someone really do this?

    It seems to me he turned a short-term PAID option into an however-long-it-takes UNPAID option. Abide by the terms spelled out in your binding contract. From what you wrote, I would (no, I'm not a lawyer, but I have watched TV shows featuring them) pitch it. If it sells, I cannot imagine he would be angry. Hell, it's free money, considering his involvement in the project.

    Regarding his confessions, was it in an email or spoken? It may provide you with an out, but that would be something a real lawyer would handle.

    I hope it all works out for you.

    Comment


    • #3
      Re: Can someone really do this?

      Unless you think this script is a work of staggering genius that will launch your career, I'd let it go and focus on something new that's all your own. You developed the script with this guy, you have signed paperwork, the "maximum effort" clause is impossible to prove, he's clearly defensive and litigious, and he's attached to this forever no matter what the contract says because it was his original idea. It stinks to work on something for a while only to have it turn into a murky producerial sh*tshow, but it happens to us all. Chalk it up to experience and move on.
      https://twitter.com/DavidCoggeshall
      http://www.imdb.com/name/nm1548597/

      Comment


      • #4
        Re: Can someone really do this?

        Originally posted by dcribbs View Post
        Regarding his confessions, was it in an email or spoken?
        It was an email.

        Comment


        • #5
          Re: Can someone really do this?

          Originally posted by Darthclaw13 View Post
          So am I screwed? Is this script lost now to me?
          Unfortunately, the answer is yes. You're screwed. That script is gone.

          He gave you the concept, which means he can already lay a claim to partial ownership. On top of that, he's bound to the project by not one, but TWO contracts. Untangling all that is going to be messy and expensive.

          A lawyer might be able to snatch this project from the producer's cold dead hand, but the cost to you in terms of time and treasure won't be worth it.

          I'm sorry. Your situation sucks. Believe me, I know the feeling all too well.

          A writer's most precious resource is TIME. This producer swindled you out of months of yours. In my opinion, the best thing you can do right now is to not throw good time after bad.

          And for anyone who's reading this thread:

          DO NOT DO THESE DEALS.

          If someone is not paying you significant money, DO NOT commit more time to THEIR project than you're willing to walk away from. You can do a take for free. You can give a pitch for free. But don't write THEIR script for free. Because odds are, you're setting months of your writing time on fire and will see zero return on investment.

          Comment


          • #6
            Re: Can someone really do this?

            So basically the consensus is that I can't pitch this to anyone even though the prod contract says I can since he did not renew the option.

            So....are you saying I can't even use it to send to a manager as a writing example?

            Honestly, even though he came up with the "concept" I changed everything that he had so that the only thing left was a very generic idea that anyone could come up with.

            I have some really good writing in this thing and I was hoping to send it to a manager to spark interest. I didn't think this guy could prevent me from doing that at least. And truly I didn't think he could prevent me from pitching it to other producers as it says I can in the contract.

            Comment


            • #7
              Re: Can someone really do this?

              If you want to submit it to managers and producers, go ahead.

              I was speaking more about your ability to disentangle the project from this guy, and in which case, I do think you have an uphill climb that won't be worth the effort. He has his hooks sunk in pretty deep.

              Comment


              • #8
                Re: Can someone really do this?

                So sure, you can pitch this around.

                There will be some legal negotiations if you actually get a bite from someone who wants to make it. Chance are they'll buy him off with a producer credit on the finished film, which is normal and reasonable.

                But if he's going to be a jackass about it, he can make your life very difficult.

                Comment


                • #9
                  Re: Can someone really do this?

                  You can send this to managers as a sample if you want, but is his name listed as a co-writer, per your contract? If so, it's not gonna help you at all.

                  Unless you have another free-and-clear piece of material ready to go, it's gonna be tough to get traction with managers with this one, since this project has a lot of legal entanglements. Best case, they're gonna say "I liked this, let me read something I can sell". So you'd better have it. Basically, all the advice you're getting in this thread is suggesting the same thing - write something new, asap.
                  https://twitter.com/DavidCoggeshall
                  http://www.imdb.com/name/nm1548597/

                  Comment


                  • #10
                    Re: Can someone really do this?

                    Originally posted by ProfessorChomp View Post
                    Unless you have another free-and-clear piece of material ready to go, it's gonna be tough to get traction with managers with this one, since this project has a lot of legal entanglements. Best case, they're gonna say "I liked this, let me read something I can sell". So you'd better have it. Basically, all the advice you're getting in this thread is suggesting the same thing - write something new, asap.
                    I do have a few other features completed, but this one is frankly more "mainstream" and an easier sell. My other ones are a bit more specific audience target pieces which are a harder sell.

                    That is why I want to pitch this one out before the others as it is probably one that would get picked up faster.

                    I don't mind sharing credit with this guy if I have to just to get it out there, I just wanted to make sure I can put it out there legally speaking.

                    Comment


                    • #11
                      Re: Can someone really do this?

                      This feels like a clusterfuck from every direction.

                      If you leave the other person's name on, no matter what you say to people, no one is going to treat it as a solo sample if there's a co-writer on it. Plus, trying to sell something with a litigious worthless producer attached is going to spook people.

                      If you take the other person's name off, you're inviting legal trouble - from this producer, and from anyone you tried to sell it to without telling them about this person.

                      I'd listen to those people who are saying this script is dead.

                      Comment


                      • #12
                        Re: Can someone really do this?

                        > is dead

                        Well, its furtherance is on the producer's shoulders, yeah, till the contract runs out.

                        What a sad case. I know it won't make the OP feel any better, but at least this serves as a warning to others who may be approaching (but not yet signed onto) similar predicaments... so, thanks!

                        It also shows that writers always, always, always need to have something else in the fire, to preserve our sanity.

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