Is it possible to tailor a contract so that certain elements of your screenplay cannot be changed during the production? Obviously rewrites of spec scripts are common but can you have a clause which states that, for example, character names may not be changed?
Preventing unwanted changes in rewrites
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Re: Preventing unwanted changes in rewrites
No. They change everything all the time including names for many reasons and not even sure why you would want this and I don't think even A list star can get this done unless they are Quentin and have final cut.
Spec land -- they buy it -- they own it -- they change it.
Writers have no power.
Most people in Hollywood don't.
I don't even understand why you would want this -- I just want them to buy my writing. If I wanted to control it more -- novels or plays....
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Re: Preventing unwanted changes in rewrites
People like unique names. Most are not adverse to that. Hollywood doesn't set out to change names to be boring, plain or common. Not saying it hasn't happened but I can't think of situations when it's happened on some significant level out here. (Maybe someone else can chime in with examples of when it has.) Now if you have a serious drama and you name your lead Mackin Juancaster Hugglesnuff, then sure you could run into some resistance.
The only names that ever really got changed for movies I worked on were names that were not approved/signed off on by the clearance department due to issues. If a problem did come up with a name, then the writer and/or director would work together to change it as need be. In most cases, no one ever pressured the writer or director to change stuff for no “good” reason and particularly not, again, to be plain and boring.
Ultimately, if a writer doesn't want anyone tampering with their scripts, then finance, produce and director them yourself. Seriously. Not being a smart-ass. But that's really it. That's about the only way. Even then, you need to be careful to clear names, etc. to be safe which could affect a name in your scripts. I wouldn’t suggest worrying about it. There is much worse they can change and possibly will.
And also, what Bono said, in many respects.
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Re: Preventing unwanted changes in rewrites
Originally posted by entlassen View PostIs it possible to tailor a contract so that certain elements of your screenplay cannot be changed during the production? Obviously rewrites of spec scripts are common but can you have a clause which states that, for example, character names may not be changed?
Like you've heard here, the lawyers sometimes have to change names for clearance. I've had them changed for that. Not many. I'd say over the years I've had maybe 5 or 6 changed by lawyers. I've had them changed by producers who wanted them changed, without reason. One said he just hated that name. I have a film going end of July. Doing the production pass, on the notes call, producer changed a minor character's name to a boyhood friend of his. Why? Because he could. I'd done 7 versions up to this point, not a word, production version? Change it. Oh well. You live with it.
Names are not a place to make a stand.
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Re: Preventing unwanted changes in rewrites
Originally posted by EdFury View PostYou can ask for anything in a contract. But they won't give you this one. Ever. They need complete control or they'll walk away, even if they love your script.
Also, keep in mind that if they're paying for an option that you most likely will not be able to use any of the rewrites you do under that option, if it expires, without their permission. They will not give you permission, btw. That's usually a firm point. They're offering their expertise with their notes and they don't want anyone else, later, to benefit from that experience.
However, if they are not offering you upfront money, you might be able to negotiate keeping the rewrites in lieu of an option payment.
Discuss all options with your team before pushing back, so that you are fully aware of the risk of losing the deal for something that is not a big deal. If the option expires they cannot use the rewrites either, since you will still own the IP."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
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Re: Preventing unwanted changes in rewrites
Was talking to a VP of production the other day and she was talking about a general she had recently and the writer, right off the bat, was very precious about his work. (The irony of who she had previously worked with is hilarious if she thought THIS writer was precious)
It's so critical to sell yourself as easy to work with. Even if this were something I cared about, I'd never ask for it.
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Re: Preventing unwanted changes in rewrites
Originally posted by finalact4 View PostAlso, keep in mind that if they're paying for an option that you most likely will not be able to use any of the rewrites you do under that option, if it expires, without their permission.
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Re: Preventing unwanted changes in rewrites
Originally posted by JS90 View PostI can’t speak to features but in TV that’s not the rule. People constantly use samples that were previously under option and presumably tweaked based on producer or exec notes.
Using a rewrite draft as a sample to get a job on another project is not the same thing trying to sell the the project with the revisions, some or all, included. Maybe TV is different, I don't know.
It can be a hurdle. My comments are limited to my experience."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
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Re: Preventing unwanted changes in rewrites
Originally posted by finalact4 View PostI'm not talking about "tweaking," I'm talking about a rewrite draft, possibly even two steps, with executive notes to get a draft ready to send out to talent (director, actors) for packaging. This can mean significant changes.
Using a rewrite draft as a sample to get a job on another project is not the same thing trying to sell the the project with the revisions, some or all, included. Maybe TV is different, I don't know.
It can be a hurdle. My comments are limited to my experience.
Regardless, It sounds like OP is talking about features which I'm comfortable saying is more your space than mine. Just wanted to clarify for the benefit of others who may be reading.
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Re: Preventing unwanted changes in rewrites
Reversion rules with television pilots are different than reversion rules with features. I believe it's pretty standard to get the rights back to your pilot automaticaly, after four years. A feature, you have a small window to buy it back for everything ever paid into it.
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