Can't Find Representation on a Deal

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  • Can't Find Representation on a Deal

    .
    Last edited by maep; 07-16-2016, 05:31 AM.

  • #2
    Re: Can't Find Representation on a Deal

    Is it a 'no-money' option?

    On real (money) options, lawyers get paid by taking 5% of the money they negotiate for you. Also, if real money is on the table, there should be no problem getting an agent involved. Again, they get paid 10% from the option money and purchase price they negotiate for you. If there's no money being offered for them to get their percentage, you have a problem and they don't want you wasting their time.

    Producers, lawyers, agents and managers do not work for free, why should the writer?

    If you're not comfortable requiring reasonable payment for yourself, then at least require enough to pay your potential lawyer and agent a reasonable amount for their work in negotiating the deal for you. It's the price of doing business with you. If the producer can't or won't come up with decent payment, ask yourself if this is the right producer for your project.

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    • #3
      Re: Can't Find Representation on a Deal

      I have never heard of an entertainment lawyer who wants to be paid upfront before negotiating a deal.

      It's either a lawyer or an agent---a manager cannot technically negotiate a deal.
      http://www.pjmcilvaine.com/

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      • #4
        Re: Can't Find Representation on a Deal

        Okay, so I've been through something similar recently...

        My lawyer negotiated terms on a no-money option with business affairs at a major studio with no money up front. He worked on the potential for making his 5% if we sold the project to buyers. Didn't happen, but that's the business. I got my lawyer through a former manager, so you'll probably need to get a manager first. Your manager will be able to hook you up with an attorney and possibly an agent.

        Now this is where your situation is a little confusing. You have a producer who optioned a pilot, then got a studio, network and showrunner attached to the project? Did you go out and pitch the show to all those entities? I'm just confused as to how you're separated from them. Usually you'd go in to pitch the execs and potential showrunners with the producer, so I'm not really getting how this is all set up.

        Anyway, I would ask the producer who optioned your pilot for a referral to reps/an attorney.

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        • #5
          Re: Can't Find Representation on a Deal

          Hi Mae,

          I can help. Please shoot me an e-mail at [email protected].

          Best,
          Mark
          "The most terrifying thing is to accept oneself completely." ~Jung

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          • #6
            Re: Can't Find Representation on a Deal

            FWIW, there's something very fishy about what the producer is telling you.

            I can't imagine a scenario where a network, studio or showrunner would attach themselves to a project without meeting the person who wrote the pilot.

            The producer shouldn't be having you sign an option. He doesn't pay you and never will. The studio should be negotiating with you AND the producer. It's two separate deals.

            Does this producer have legit credits? Feel free to PM me his name.

            J

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            • #7
              Re: Can't Find Representation on a Deal

              The members of this forum are so kind, always trying to help others out. I particularly appreciate that, being someone who is not a professional writer and most likely never will be. My comments come more from a legal perspective and I suppose can be harsh and not mesh well with ordinarily taking things at face value.
              When an attorney is presented with a potential client who has a great deal-if only someone would listen-but the details do not seem to add up, they may quote a significant fee only to ensure that the person no longer wastes their time, and word gets around quickly. Of course I'm not saying that is the case here.

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              • #8
                Re: Can't Find Representation on a Deal

                Again, I think the reason you're running into trouble, is that the whole thing sounds hinky.

                For example, you say there's a network "attached." I've been doing this for too long, and that literally makes no sense to me. Networks don't attach to pilots. Networks hear pitches or read specs, and then they buy them or not. They also don't option them.

                It's also very odd that they've attached a showrunner before anyone owns it. What kind of reputable showrunner would attach to an unsold spec pilot? Why aren't they asking to talk to you? It really doesn't make sense.

                Either the producer is selling you a bill of goods for some reason, or there's just a communication error.

                You shouldn't be optioning this to the producer. At this point, you should ask him to talk to someone real who's involved with this. For example, if there's a showrunner, talk to him or her. Ask for a reference to their agent or manager. If I called my agent and said "there's a writer with a hot spec that a network wants to buy that needs an agent," I can promise you it would get read in a second.

                I can see why no lawyer wants to take this on. As you point out, they'll get a percentage of a small option fee. No one's going to do it for that. And all the other elements of this are unusual enough that it is putting up red flags.

                Again, the producer needs to put you in contact with all of these people who want your pilot. If he won't, something's going on.

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                • #9
                  Re: Can't Find Representation on a Deal

                  I agree with Jeff.

                  This sounds hinky, like this producer is trying to get you to sign away your rights to your material.

                  Any studio is going to want to have met with you before they get involved and they are the ones who buy or option material. Networks don't become attached to projects.

                  A legit producer would have you sit down with a showrunner and talk about the show and see if you can be compatible.

                  As to the lawyers, it's because you're asking them to negotiate a low money option with a producer that they aren't interested. If you called and told them you had an offer from a studio to buy or option your pilot, and you could name the business affairs person at that studio who sent you the offer, then they would take your call and most likely do the deal either pro bono, or for a later five percent.

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                  • #10
                    Re: Can't Find Representation on a Deal

                    My lawyer just takes 5% of anything that happens, and we've had a bunch of situations where not much happened.

                    Aside from all of this sounding a bit strange - and no lawyer being interested (maybe an indicator) - most states have some sort of an organization of Lawyers For The Arts that will work with you. I think if you just google your state and Lawyers For The Arts you'll find some info.

                    But usually if there is real money involved, people want a piece of that.
                    Free Script Tips:
                    http://www.scriptsecrets.net

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                    • #11
                      Re: Can't Find Representation on a Deal

                      Originally posted by maep
                      And yes, I think some of it was miscommunication or misunderstanding, such as the nature of the network's relationship to this, though I do know from two separate sources there is one involved in some way.
                      Without giving any specifics away, what does this mean? You have two friends who know that the network wants to buy your pilot? How?

                      There are a number of terms I have to commit to and rights I have to give away, and I have no idea what those should be.
                      You shouldn't be giving away any rights. This whole thing just gets weirder and weirder. FWIW, if what the producer is telling you was true, you would be in a position of extraordinary leverage, not one where you're giving up rights.

                      I can't be any more clear about this point: you should not be negotiating with this producer. You should be negotiating with the studio. Your deal is not with a producer. HE needs to negotiate HIS involvement with the studio. You have nothing to do with that. If he's asking you to sign a document with him, he's trying to screw you.

                      If I had to guess, I'd say he's trying to set up something where he can buy your project from you if he really sells it, and completely box you out of participation. Since you're not in the WGA, it's possible for him to do that. Your pilot would become source material. If your pilot went to series and became a hit, you would be giving up countless millions of dollars, and probably giving up the chance to be involved with it.

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                      • #12
                        Re: Can't Find Representation on a Deal

                        FWIW, every lawyer I talked to before I was repped charged an hourly fee to go over a simple option contract. And yes one of them asked for a 2k retainer. I doubt any lawyer would go for 5% for an unrepped writer with a basic option agreement. It was not a fun experience trying to find a lawyer.

                        Just saying OP's experience with lawyers is not unusual these days.

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                        • #13
                          Re: Can't Find Representation on a Deal

                          Originally posted by maep
                          It's my understanding when you option something, you're giving that person rights in your property for a limited period of time. If they exercise the option, they pay you the purchase price and now they own the property. What I don't know how to do, and why I'm looking for someone who does know what they're doing to represent me, is determine what those terms are. How much should the purchase price be? Based on what? What will be my ongoing active involvement in the show, if any? Do I get more money if they don't want me involved? What do I get paid out of the revenues or profits of the show? What is my screen credit? Do I have approval over changes to the script? I have no idea where to even begin with issues like these.
                          When you option something you grant someone the exclusive rights to BUY your script at a later date for a limited amount of time.

                          YOU still own the rights during the option period, you just can't sell them to someone else. At which point the option is exercised, the option holder BUYS the rights to your screenplay as per the purchase terms laid out in your option agreement.

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                          • #14
                            Re: Can't Find Representation on a Deal

                            maep,

                            I would definitely go with the advice of Jeff Lowell in this case. He is a pro writer who has sold and produced tv shows.

                            In previous post he offered for you to PM him the name of the producer. It's a good idea to take him up on that generous offer if you haven't already.

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                            • #15
                              Re: Can't Find Representation on a Deal

                              Originally posted by maep
                              Although I trust this person and don't think he's trying to do anything bad,
                              Please don't trust anyone. Jeff maybe, trust Jeff. He has literally never steered anyone wrong on this board and is NOT seeking to make money off of you.

                              Originally posted by mgwriter View Post
                              maep,

                              I would definitely go with the advice of Jeff Lowell in this case. He is a pro writer who has sold and produced tv shows.

                              In previous post he offered for you to PM him the name of the producer. It's a good idea to take him up on that generous offer if you haven't already.
                              YES!! Yes to this. A thousand times yes. Pay attention and DO THIS!!!!! Quit effing around with what you "think" and what you "feel" and pay attention to someone that knows, who will be of actual help to you. That person is Jeff. If you are smart enough to ask advice, then be smart enough to take it.

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