Sending FD doc without contract

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  • Sending FD doc without contract

    Hello, it's been a while!

    If I've written something on spec and a producer wants it but hasn't done a contract or anything yet, should I wait to send Final Draft doc (requested so team can start breaking it down)?

    I don't deal with those scenarios often, so figured I'd check in.

    SECOND: Story By

    If a film is being made indie and the producer wants sole Story By but to give us Screenplay by (me and cowriter), thoughts? Any red flags?
    Last edited by Done Deal Pro; 10-08-2020, 03:12 PM. Reason: Added tags
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  • #2
    Re: Sending FD doc without contract

    Originally posted by stainjm View Post
    Hello, it's been a while!

    If I've written something on spec and a producer wants it but hasn't done a contract or anything yet, should I wait to send Final Draft doc (requested so team can start breaking it down)?

    I don't deal with those scenarios often, so figured I'd check in.

    SECOND: Story By

    If a film is being made indie and the producer wants sole Story By but to give us Screenplay by (me and cowriter), thoughts? Any red flags?
    Don't send anything without a signed contract. Do not even send a PDF.

    Maybe I'm missing something, but why would the producer receive sole STORY BY credit. Story by credit is reserved for the person who ACTUALLY WRITES the story. Not someone who has an IDEA or gives NOTES. They actually have to have written something in a fixed from, whether it be an article, treatment, outline or short story which the screenplay is based upon.

    I think indy filmmakers can end up doing what ever they want, not sure, but credit can be written in your contract to say, "credit will follow WGA guidelines."

    I wouldn't give away credit.

    Register the script with the WGAw immediately.
    "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: Sending FD doc without contract

      Originally posted by stainjm View Post
      Hello, it's been a while!

      If I've written something on spec and a producer wants it but hasn't done a contract or anything yet, should I wait to send Final Draft doc (requested so team can start breaking it down)?

      I don't deal with those scenarios often, so figured I'd check in.

      SECOND: Story By

      If a film is being made indie and the producer wants sole Story By but to give us Screenplay by (me and cowriter), thoughts? Any red flags?
      Register your script with the U.S. Copyright Office.
      “Nothing is what rocks dream about” ― Aristotle

      Comment


      • #4
        Re: Sending FD doc without contract

        What do you mean he "wants it?- To buy it?

        Comment


        • #5
          Re: Sending FD doc without contract

          Very confused by all this.

          The producer wants the FD version to do a production breakdown? They want to shoot it?

          And s/he wants story by credit for... doing what? Did they develop it?

          I have no idea what's going on.

          Comment


          • #6
            Re: Sending FD doc without contract

            Originally posted by docgonzo View Post
            Very confused by all this.

            The producer wants the FD version to do a production breakdown? They want to shoot it?

            And s/he wants story by credit for... doing what? Did they develop it?

            I have no idea what's going on.
            I second this reply. But... for me? Give me a contract I can sign and PAY me? Then you can have an FDX version. Before that? Nope.

            Comment


            • #7
              Re: Sending FD doc without contract

              I've been working with a producer on a studio-sized feature for the last 4 months. Multiple rounds of notes, but no option offer yet (or even a promise of one).

              Even though I don't love all of their (occasionally brutal) notes, this development has turned a script that was 'pretty good' into one that's really good, so I am actually very grateful for all the time they're spending on it, even if it's been for free so far.

              The last time I sent them a revised draft, they asked me to also include the fdx file.

              As an un-produced writer who's never been this close to a deal with a legitimate production company, I didn't feel it was my place to push back (or even question) this request.

              Is there anything negative that could come out of me sending them the Final Draft file?

              Or is is just a bad precedent (like a 0 dollar option)?

              Comment


              • #8
                Re: Sending FD doc without contract

                Originally posted by kintnerboy View Post
                I've been working with a producer on a studio-sized feature for the last 4 months. Multiple rounds of notes, but no option offer yet (or even a promise of one).

                Even though I don't love all of their (occasionally brutal) notes, this development has turned a script that was 'pretty good' into one that's really good, so I am actually very grateful for all the time they're spending on it, even if it's been for free so far.

                The last time I sent them a revised draft, they asked me to also include the fdx file.

                As an un-produced writer who's never been this close to a deal with a legitimate production company, I didn't feel it was my place to push back (or even question) this request.

                Is there anything negative that could come out of me sending them the Final Draft file?

                Or is is just a bad precedent (like a 0 dollar option)?
                I am currently at the tail end of one of these situations. Had a script that was just sitting there. Not yet in the guild though I've had some work.

                Big name producer wanted a light rewrite before going to directors and securing rights. I had no problem with this and the sweat equity of getting in good with the producer and the practice of developing with someone at that level was invaluable.

                Everyone's mileage may vary. Your tolerance for free writing may be a lot lower than mine. You can easily get taken advantage of. But ah this point I'm not in the guild so I'm going to do everything I can to get something made with high level people. I'll dance for their nickels, no problem. They want my hair drive, they can have my hard drive. And this time it has paid off. The option offer is there. This won't happen with everyone...but there's a level of justified hardline drawing among more established writers. I have no such qualms yet.

                Comment


                • #9
                  Re: Sending FD doc without contract

                  The reality is in 2020 if you sent them a PDF, there are programs to easily make that into a FINAL DRAFT document or other program. And of course just hiring someone to type it up for 2 hours from PDF.

                  So that doesn't bother me if you have moved further along in the process.

                  I have never sent a final draft document to any producer or rep myself for the record.

                  Comment


                  • #10
                    Re: Sending FD doc without contract

                    Originally posted by kintnerboy View Post
                    I've been working with a producer on a studio-sized feature for the last 4 months. Multiple rounds of notes, but no option offer yet (or even a promise of one).

                    Even though I don't love all of their (occasionally brutal) notes, this development has turned a script that was 'pretty good' into one that's really good, so I am actually very grateful for all the time they're spending on it, even if it's been for free so far.

                    The last time I sent them a revised draft, they asked me to also include the fdx file.

                    As an un-produced writer who's never been this close to a deal with a legitimate production company, I didn't feel it was my place to push back (or even question) this request.

                    Is there anything negative that could come out of me sending them the Final Draft file?

                    Or is is just a bad precedent (like a 0 dollar option)?
                    Sure there could be a negative if they (the producers) believe that the rewrites you've done are their copyright protected material.

                    The ONLY reason I can see for wanting the FD file is because they want to:
                    • make changes
                    • have another writer make changes
                    • change the title page to name themselves "written by" and register the work


                    I'm not saying this is what they're doing. I've giving you the cynical view. I don't know why else they would want the Final Draft file, you know?

                    You're the writer of your material and you are in control of your work. Period.

                    Register the current draft with the WGAw or WGAe today.

                    Did you ask them why they wanted the FD version? I mean, I used to do revisions with my manager in Final Draft so he could give page notes or questions, but he never changed my writing, ever.

                    It feels worse than a zero dollar option. But it all depends on what they understand that the situation is. Register it, then tell them that you have registered it.

                    Providing NOTES does not constitute eligibility for writing credit. Did they actually do any writing? If they haven't paid you, then TECHNICALLY you retain/own all the rights to the revisions because it was NOT a WRITE-FOR-HIRE situation. If they ever paid you, even a dollar to write they could claim it's a write-for-hire and therefore the versions developed could be their copyright protected material. I'm not a lawyer, but I think I understand that part well enough. Someone correct me if I'm wrong.

                    Again, I'm NOT saying this is what's happening... you should start asking questions, and good luck on your project.
                    "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


                    • #11
                      Re: Sending FD doc without contract

                      I believe that in my case they wanted the fdx because we have not yet decided on a title and they are looking forward to sending it out to actors with their name on it as producers (and also maybe print out a script report).

                      Obviously they don't have the right to do either of those things until we have a contract signed, but I figured it was a sign of confidence on their part that that is where we are headed (and as was said previously, they could just import my pdf to Final Draft any time they wanted to anyway).

                      One of the things that has eased my mind during this whole process is that almost all of their notes to me were telling me the things that WEREN'T working (story logic, logistical issues, etc). They never told me what to write or how I should fix it, so they don't really have any implied ownership over it.

                      I don't believe that was the case with the OP here, who seems to have written a spec based on someone else's idea without signing anything, which is the worst of both worlds.

                      Comment


                      • #12
                        Re: Sending FD doc without contract

                        Originally posted by kintnerboy View Post
                        I believe that in my case they wanted the fdx because we have not yet decided on a title and they are looking forward to sending it out to actors with their name on it as producers (and also maybe print out a script report).

                        Obviously they don't have the right to do either of those things until we have a contract signed, but I figured it was a sign of confidence on their part that that is where we are headed (and as was said previously, they could just import my pdf to Final Draft any time they wanted to anyway).

                        One of the things that has eased my mind during this whole process is that almost all of their notes to me were telling me the things that WEREN'T working (story logic, logistical issues, etc). They never told me what to write or how I should fix it, so they don't really have any implied ownership over it.

                        I don't believe that was the case with the OP here, who seems to have written a spec based on someone else's idea without signing anything, which is the worst of both worlds.
                        Good, then. But they could have you make all those changes and run scene reports for them, just by asking you to, right?

                        Sounds like you're happy, so no worries, then. But do register it. Even if it's going to change.

                        Good luck with your projects, fingers crossed!
                        FA4
                        "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


                        • #13
                          Re: Sending FD doc without contract

                          Originally posted by finalact4 View Post
                          Good, then. But they could have you make all those changes and run scene reports for them, just by asking you to, right?
                          That's true.

                          Originally posted by finalact4 View Post
                          Good luck with your projects, fingers crossed!
                          FA4
                          Thanks. This is going to be a good lesson, one way or the other.

                          Comment


                          • #14
                            Re: Sending FD doc without contract

                            I am a little confused here.

                            1. On the one hand, you cannot expect anybody to buy your script without reading it first. So is it the PDF/Final Draft issue that you are worried about? (See my comment on PDF/FDX below.)

                            2. On the other hand, why is anyone proceeding with work on your script without buying it? That makes no sense.

                            PDF / FDX etc.
                            I am always greatly amused and, frankly, just a tiny bit (really, only a tiny bit) annoyed when I offer to read a screenplay for someone and I tell the person that I can handle Final Draft and Fade In (and various other formats), and would like to write some notes within a screenwriting program, but then the person sends me a PDF.
                            The implication is always that someone (that's me, in this case) is going to steal the script (nearly always a piece of crap) if it is .fdx or .fadein or .docx, or whatever. Somehow a PDF is supposed to be protection against theft. At least I pick up that vibe all the time.

                            But I can take any PDF, even an image PDF (no text), and still convert it to text and then to a standard screenplay format like .fdx and .fadein. It may be quick and easy (about a minute), or it may take a couple of hours if the PDF is junk from the Microsoft PDF driver (really, it is horrible), or if I have to do an optical scan of an image. But if you think that you are protecting your work by refusing to provide the native file, you are just wrong.
                            So it seems to me that the issue here is that they are starting work on your script without buying it.

                            "The fact that you have seen professionals write poorly is no reason for you to imitate them." - ComicBent.

                            Comment


                            • #15
                              Re: Sending FD doc without contract

                              It's easy to copy PDF. I keep saying that.

                              Still if I didn't know the person (pretty much even people I've talked to for years on here I don't really know) and they ask for Final Draft file -- I'd be nervous for many reasons -- and mostly think they don't know PDF is the norm, so I'd be less likely to trust them. Also some people aren't as PC saavy and they don't know you can extract a PDF into any format. Just saying.

                              So if a random person online said I'll read your script -- send me FDX -- I would not. I wouldn't send them a PDF either.

                              I have to build trust to do that myself. Espeically if it's a current work.

                              Anyway to me it's more following the "rules" which is PDF are to read and FDX are for the writers themselves. If they pay me, they can have my computer.

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