Packaging by a manager vs. packaging by an agent?

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  • Packaging by a manager vs. packaging by an agent?

    I understand that technically only an agent (but not a manager) can sell a script; is this correct?

    As a practical matter, are managers able to (indirectly?) sell scripts and via what mechanism?

    In terms of putting together a package (actors, director) can managers to do this effectively without an agent being involved? If so, how does it work differently (if at all) than when an agent is running the show?
    "People who work in Hollywood are the ones who didn't quit." -- Lawrence Kasdan

    Please visit my website and blog: www.lauridonahue.com.

  • #2
    Re: Packaging by a manager vs. packaging by an agent?

    I've read other post here in the forum from active managers that they constantly do this - negotiating terms in private 10%, then the official deal is closed by a lawyer 5%, so you say goodbye to 15%.
    On contrary, if you have an agent he could close the deal without a lawyer 10% , so you pay 10% only. But in reality very often agents also hire lawyers, so basically more or less is the same.

    This is not from my experience, I'm just repeating what's on the forum posts, so I cannot guarantee it's correct.
    Minds are like parachutes: they only function when open!

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    • #3
      Re: Packaging by a manager vs. packaging by an agent?

      Hi, Lauri -- in purely practical terms, there really isn't much of a difference these days. The distinction is basically just legal (managers cannot negotiate deals, so that's where the lawyer comes in -- and of course managers negotiate deals all the time).
      But the other thing that sometimes makes a difference for you, as the writer, is the manager who wants to be a producer. Depending on their relative clout (at the moment) that can either help or hurt you in getting a deal done.
      But overall, having either a manager or agent working to package a script is a much cleaner path to a sale, needless to say.

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      • #4
        Re: Packaging by a manager vs. packaging by an agent?

        Originally posted by LauriD View Post
        I understand that technically only an agent (but not a manager) can sell a script; is this correct?

        As a practical matter, are managers able to (indirectly?) sell scripts and via what mechanism?

        In terms of putting together a package (actors, director) can managers to do this effectively without an agent being involved? If so, how does it work differently (if at all) than when an agent is running the show?
        Managers sell scripts all the time, when you say "via what mechanism" not certain what that means.

        In terms of packaging, yes managers can attach elements, but they need to work with agents to do so, unless the management company also reps the talent/director, in which case that can happen internally.

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        • #5
          Re: Packaging by a manager vs. packaging by an agent?

          SB - by "what mechanism" I meant, "how do they do it if they can't legally sell scripts directly?"

          Thanks to all for the helpful info!
          "People who work in Hollywood are the ones who didn't quit." -- Lawrence Kasdan

          Please visit my website and blog: www.lauridonahue.com.

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          • #6
            Re: Packaging by a manager vs. packaging by an agent?

            Originally posted by LauriD View Post
            SB - by "what mechanism" I meant, "how do they do it if they can't legally sell scripts directly?"

            Thanks to all for the helpful info!
            As I mentioned in another thread, the law is really unclear on this, it simply says that if you're not a licensed talent agent you can't attempt to procure work. Selling an existing product is not the same as procuring work, so actually managers aren't barred from selling scripts at all, at least until the language is clarified. But, typically, a manager will bring in a lawyer to negotiate and paper the deal when it's time.

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            • #7
              Re: Packaging by a manager vs. packaging by an agent?

              It seems like virtually all the writers on the Black List (and working writers in general) have an agent and manager, or just an agent - why is this the case if managers can technically do all the legwork?

              Just curious how this works.

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              • #8
                Re: Packaging by a manager vs. packaging by an agent?

                SB - that's an interesting distinction! I had always heard that only agents could sell scripts (and that's why a writer needed an agent) but I guess it's not so clear... But since sales of existing scripts are usually step deals that involve rewrite services, doesn't even selling a script involve procuring work?

                I guess that doesn't really matter -- all that matters is knowing that managers can package and sell scripts.
                "People who work in Hollywood are the ones who didn't quit." -- Lawrence Kasdan

                Please visit my website and blog: www.lauridonahue.com.

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                • #9
                  Re: Packaging by a manager vs. packaging by an agent?

                  Originally posted by versed View Post
                  It seems like virtually all the writers on the Black List (and working writers in general) have an agent and manager, or just an agent - why is this the case if managers can technically do all the legwork?

                  Just curious how this works.
                  I'm not saying they CAN do all these things, only that the law is badly written and designed, and is unclear as to exactly what someone who is not a licensed talent agent can do legally.

                  Writers often have a full team because each person brings something of value to the process. Manager is day to day, agent comes in when it's time to sell or try and involve agency assets, lawyer negotiates the deal and handles the contracts.

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                  • #10
                    Re: Packaging by a manager vs. packaging by an agent?

                    I see. So if you have a manager, an agent, and a lawyer, are you giving up 10% + 15% + 5% = 30% commission on each deal? Seems like a lot.

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                    • #11
                      Re: Packaging by a manager vs. packaging by an agent?

                      Originally posted by versed View Post
                      I see. So if you have a manager, an agent, and a lawyer, are you giving up 10% + 15% + 5% = 30% commission on each deal? Seems like a lot.
                      Who's getting 15%? Managers and Agents get 10%.

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                      • #12
                        Re: Packaging by a manager vs. packaging by an agent?

                        And 75% of something that everyone does their part for is a lot better than 100% of nothing.

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                        • #13
                          Re: Packaging by a manager vs. packaging by an agent?

                          I totally agree it's a worthy investment to have someone represent you. Just saying that if one of those three is unnecessary for deal-making purposes, why have them all?

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                          • #14
                            Re: Packaging by a manager vs. packaging by an agent?

                            Originally posted by versed View Post
                            I totally agree it's a worthy investment to have someone represent you. Just saying that if one of those three is unnecessary for deal-making purposes, why have them all?
                            I have 2 managers, 5 agents, and their assistants on my team. All of them promote my script every chance they get. And I need as many introductions and advocates as possible.

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                            • #15
                              Re: Packaging by a manager vs. packaging by an agent?

                              Originally posted by Hamboogul View Post
                              And I need as many introductions and advocates as possible.
                              Oh, Ham needs a TON of salespeople -- God knows his material alone won't get him work.

                              (actually we *all* need as many salespeople as we can get.)

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