Problem With Writing Partner

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  • Problem With Writing Partner

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    Last edited by streaker12345; 08-02-2012, 11:23 AM. Reason: Closed

  • #2
    Re: Problem With Writing Partner

    First, why are you signing a contract when you're not getting paid?
    QUESTICLES -- It's about balls on a mission.

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    • #3
      Re: Problem With Writing Partner

      Becaus this is a legit producer with over ten creits two his name including two pretty big franchises. He's also giving us his development team to work with and will either purchase or submit the finished script to other people in the industry.

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      • #4
        Re: Problem With Writing Partner

        Originally posted by streaker12345 View Post
        Becaus this is a legit producer with over ten creits two his name including two pretty big franchises. He's also giving us his development team to work with and will either purchase or submit the finished script to other people in the industry.
        Seems kind of weird to me. My experience is limited, but I just did a couple months of development with some pretty big producers. No contract. My manager took it to a few production companies, these guys liked it, and they wanted to try and get it set up. I had a number of calls with the Creative Exec, turned in a couple drafts based on their notes. The script went out wide a couple weeks ago. Again, there was never a contract.

        Why? Because the script is mine. They don't have any rights to it unless they pay me. And that's the way it's supposed to work.

        Granted, they might have a legal leg to stand on if I try and take this draft elsewhere without them. That's the gray area you get into when you develop a project with someone else. However, it's been all over town and hasn't sold yet, so it's probably dead anyway. No worries, though. It's getting me some awesome meetings and I've learned a ton from the development process.

        Listen, this could be legit. This was my first experience of this type, but they are name producers and never asked for any sort of contract. And to me, that makes a whole lot of sense. They have no right to the copyright unless they're paying for it.
        QUESTICLES -- It's about balls on a mission.

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        • #5
          Re: Problem With Writing Partner

          I'm also writing something on spec with the VP of a longstanding and big prodco, no contract, no nothing. If I want to peace out and take it somewhere else, I'm free to.

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          • #6
            Re: Problem With Writing Partner

            The contract says whatever changes are made during the option period cannot be used after option expires and if the script does not sell. We keep all the rights of the original script but can't use what we come up with their development team. These people seem really eager about working with us and I've already had a couple phone calls and a bunch of email exchanges. The script in question hasn't done much so i feel this is a win win situation.

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            • #7
              Re: Problem With Writing Partner

              What i really want to know is if I can't get a hold of my writing partner can i move forward with the process? He'll get writing credit and half of anything we get for the script.

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              • #8
                Re: Problem With Writing Partner

                Didn't realize it was an option agreement. Just trying to make sure you're protecting yourself. A free option from a legit producer also seems weird, but if you're comfortable with it...

                Anyway, sorry for taking away from your original question. There's really not much you can do, though. He's one of the writers, so he has to sign. If I were you and really wanted to make this happen, I'd use any resource at my disposal to track him down.
                QUESTICLES -- It's about balls on a mission.

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                • #9
                  Re: Problem With Writing Partner

                  Originally posted by streaker12345 View Post
                  What i really want to know is if I can't get a hold of my writing partner can i move forward with the process? He'll get writing credit and half of anything we get for the script.
                  Just wondering what you think is the issue with your partner. Why the no returned phone calls or emails? Was there a rift etc?
                  #writinginaStarbucks #re-thinkingmyexistence #notanotherweaklogline #thinkingwhatwouldWilldo

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                  • #10
                    Re: Problem With Writing Partner

                    No, no rift at all. We collaborated on the script a few years back. I do most of the querying and when we get some interet I let him know. The only thing I can think of is maybe he was querying the script himself and got some interest and didn't include me. Nothing else comes to mind and I may be jumping the gun a little bit but I can't think of anything else.

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                    • #11
                      Re: Problem With Writing Partner

                      The producer probably wants to make sure your partner is okay with all this and will sign, but if he's willing to do some development with you while you're waiting for a response, that shouldn't be an issue. Just go over the changes with your partner when he's finally released from that Turkish prison.
                      Steven Palmer Peterson

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                      • #12
                        Re: Problem With Writing Partner

                        Originally posted by streaker12345 View Post
                        No, no rift at all. We collaborated on the script a few years back. I do most of the querying and when we get some interet I let him know. The only thing I can think of is maybe he was querying the script himself and got some interest and didn't include me. Nothing else comes to mind and I may be jumping the gun a little bit but I can't think of anything else.
                        You need to have an honest conversation with him about what he wants. Tell him that you've got serious interest from this company and they want to move forward. He needs to do one of the following: (1) Make himself available to sign the agreement, (2) Tell you he's not interested in signing the agreement, or (3) Make a deal with you to assume full control of the project.

                        You should be able to leverage your relationship with him. Just be honest and tell him you can't keep stringing these people along and you need to get it resolved. If he doesn't want to do it, you need to know so you can turn down the offer. If he wants to sign it, he needs to do it. And if he's lost interest in the project, you need to work something out so that you can make the decisions you need to make with respect to its future. Maybe you can arrive at some kind of arrangement where he assigns you his rights to the project in return for a certain percentage of the profits if you make anything from it. Get something on paper that you both sign and shows he transfers his ownership interest in the project to you and you can accept this offer on your own and just pay him his share if/when you get it.

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                        • #13
                          Re: Problem With Writing Partner

                          Originally posted by streaker12345 View Post
                          I wrote an action/comedy awhile back and brought on a writing partner for a fresh pair of eyes and to bring the script to the next level. He did a great job and we got a bunch of reads but nothing panned out. I recently made some changes and started sending the script back out and we got a pretty big producer backing the script and wants to help us develop it with his development team. They sent me the contract with only my name on it which I sent back telling them to add the second writers, I've gave the second writer the contact info for the person we're working with and I've kept him in the loop a hundred percent of the way. The problem I've ran into is the second writer won't talk on the phone (it's all email exchanges), I've been waiting on him for over two weeks to sign the contract and know he won't even return my emails. I know people are busy but this could be a big break, I mean this production company is contacting me every so many days asking "what's going on?" What should I do? Is it possible to move on without him? I don't want this oppurtunity to slip through my fingers. He's in 50/50 with me no matter what but if he's not up to a rewrite or making changes to the script what are my options?
                          Do you and the other writer have a writers collaboration agreement in place?

                          Article: Collaboration Agreements: Pre-Nup for Writers
                          Sample: http://www.wga.org/uploadedFiles/wri...laboration.pdf

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                          • #14
                            Re: Problem With Writing Partner

                            Originally posted by SoCalScribe View Post
                            You need to have an honest conversation with him about what he wants. Tell him that you've got serious interest from this company and they want to move forward. He needs to do one of the following: (1) Make himself available to sign the agreement, (2) Tell you he's not interested in signing the agreement, or (3) Make a deal with you to assume full control of the project.

                            You should be able to leverage your relationship with him. Just be honest and tell him you can't keep stringing these people along and you need to get it resolved. If he doesn't want to do it, you need to know so you can turn down the offer. If he wants to sign it, he needs to do it. And if he's lost interest in the project, you need to work something out so that you can make the decisions you need to make with respect to its future. Maybe you can arrive at some kind of arrangement where he assigns you his rights to the project in return for a certain percentage of the profits if you make anything from it. Get something on paper that you both sign and shows he transfers his ownership interest in the project to you and you can accept this offer on your own and just pay him his share if/when you get it.

                            He doesn't necessarily have to transfer ownership in the material. All he really has to do, if he's no longer interested and is off doing other things, is to give the original poster power of attorney in respect to this particular writing project. That way, the first writer is in a position to make any agreement he thinks is best on behalf of the writing team with this particular producer in respect to this project -- but they will still continue to split the profits, receive credit, etc. according to whatever agreement they have between them (presuming they have such an agreement).

                            NMS

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