Commencement

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  • Commencement

    Hey all

    I have been asked to write a movie for a production company and as always the contract has been taking forever. The lawyers on their end finally produced a draft of the agreement last week after 1.5 months.

    From my end I saw the period in which the contract was being prepared as research time for the project, since it's super research heavy.

    I always thought that the clock starts ticking only when I sign the deal and money hits my account.

    However the company has been "checking in-, asking "how it's going- both by phone and email. Of course at face value it's courtesy calls/emails but the subtext is very obviously "are you writing-?!

    It's kind of making me anxious because I'm working for free right now and operating in good faith - and yet I'm still getting harassed. I am about to outline the story and I felt like I was doing them a solid by working on it during this legal downtime and instead it almost feels like they expect a draft basically upon commencement

    Any thoughts on how to deal with this without already ruining the relationship ??

  • #2
    Re: Commencement

    Talk to your reps and let them know. They'll handle it.

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    • #3
      Re: Commencement

      thanks Doc.
      what would be your assessment of the situation based on what I've told you?

      Originally posted by docgonzo View Post
      Talk to your reps and let them know. They'll handle it.

      Comment


      • #4
        Re: Commencement

        Originally posted by TravisPickle View Post
        thanks Doc.
        what would be your assessment of the situation based on what I've told you?
        They are doing or trying to do what so many attempt out here. They are trying to have their cake and eat it to, as the saying goes.

        I don't know who you are dealing with and what the situation is truly like, but I'd tell them at most, you are doing a little brainstorming and thinking about the project but ultimately you are waiting on the contract first so you know it's a "done deal" before you start writing this and moving forward. They want a script? Then they need to get you a contract and money. That simple. If they think you are writing then they are not going to be worried about getting you a contract. Right? You're writing. What do they care? You know?

        Now, that doesn't mean you can't secretly do a little research and jot down some ideas, etc. Or even do some writing you feel comfortable doing that. But make them think you are sitting on your hands. Quite honestly, I wouldn't lift much of a finger if they are not getting their act together. Let them know you need X amount of time to write the script so if they expect it by a certain date, then they need to get the contract finished & signed or it won't be done in time. Stand fast though.
        Last edited by Done Deal Pro; 10-10-2018, 07:45 AM.
        Will
        Done Deal Pro
        www.donedealpro.com

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        • #5
          Re: Commencement

          Originally posted by Done Deal Pro View Post
          ...But make them think you are sitting on your hands...
          How about making them think "you're busy on other paid work"? You don't have to tell them what that "paid work" is, even if it's just twiddling your thumbs for two cents an hour.

          Brother, though, I sure hate/enjoy reading these experiences of others. I haven't had the blessed "opportunity" yet, and will do everything I can to never reach that point. (I have my own strategy for success, one that's more suitable to my age/location/experience/reserve of scripts, etc.)

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          • #6
            Re: Commencement

            Thanks everyone.

            The production company is very well known and the project has gone through a bunch of writers. The producer obviously wants to get the ball rolling and set it up somewhere ASAP but the constant prodding simply results in a) my anxiety and b) a feeling that they don’t believe I’m working on it.

            My agent suggested speaking to them but I don’t want to rock the boat. I’ll just keep positive and say it’s going great without giving too much away.

            Just to be clear; there is zero doubt that the gig is happening. The bun is in the oven. Their lawyers are revising based on my lawyers’ notes.

            But surely most screenwriters don’t write a draft during contractual negotiation and then deliver the script 1 week after commencement??

            Ironically I thought I was being the mensch here by operating on good faith and spending most of my time reading and researching for the project without a contract and without being paid...

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            • #7
              Re: Commencement

              There is a big difference between having a closed deal and a fully-executed deal.
              It sounds like you have a closed deal which is that all the major negotiating points are closed over email - which steps are guaranteed, which are optional, how much you are getting for each, your credit bonus etc. Everyone calls this "closed,- pats on the back all around, announcement in the trades. Then comes the "long form- which is where that email is put into contract form and now it's suddenly 40 pages of legal language that your lawyer and theirs go back and forth on, technically this is negotiating but it's called "the back and forth- and it's extremely rare for a deal to collapse at this point; no one kills a deal over how many Blu-Ray copies you get. This can take some time before you get to the signature stage and the deal is only fully-executed when all parties have signed, but not only that, that all other deals connected to yours are closed - is the rights deal closed if it's based on IP, is the producer deal closed, is the director deal closed if one is attached etc.? All those deals are tied together so that no deal is closed until all are closed. You might close your deal but if the producer can't closed their deal, you have nothing.

              Usually, you start writing somewhere in between "closed- and "fully-executed.- If you are dealing with known studios and all the other deals are closed then you can trust that you will get paid and most writers start. Sometimes because there's a deadline (if you are polishing a close to production script), or there's a release date (you might be writing a sequel), or just because you want to get started because you've for another job after this one to get to.

              Your creative execs hear "closed- then tell you that you are commenced but they forget about the long form part, they aren't involved in it. That your reps did not receive the paperwork for so long is entirely unacceptable and a matter for your reps. Your agent is telling you to do his/her job. You focus on the creative side and maintain a good relationship with the execs on your project, you have reps to be bad cop - "I'm instructing my client to stop working.- They should also ask if you can get paid on a CofA, an in-between step. You need to tell them it's their job to keep the creatives off your back until your reps are comfortable that all is well, you will get paid and it's safe to start. Then the clock will commence and your delivery date established.
              It's a balancing act between not getting taken advantage of and being a mensch that will vary based on who you are working with, your relationship with them etc. And the sooner you deliver, the sooner you get the delivery check.

              Good luck.

              p.s.
              "How about making them think "you're busy on other paid work"? You don't have to tell them what that "paid work" is, even if it's just twiddling your thumbs for two cents an hour.-

              Do not do this! Your availability would have been discussed and it's a legal thing as to which project has "first position- and these are disclosed up front.

              Comment


              • #8
                Re: Commencement

                Originally posted by Northbank View Post
                >>“How about making them think "you're busy on other paid work"?
                >>You don't have to tell them what that "paid work" is, even if it's just twiddling your thumbs
                >>for two cents an hour.”

                Do not do this! Your availability would have been discussed and it’s a legal thing as to which project has “first position” and these are disclosed up front.
                Okay, so don't mention "paid work", but how about that you could be deep in "other business tasks", without specifying it, such as marketing and other non-paid elements that are part of the biz. Anyway, if the first position has been disclosed, I'd still ask "where's the beef", as per the OPs enquiry: Confirmed Availability=Paid Work=Money.

                At the very least, thanks for the terminological warning: I'll simply tie "my availability" with "fully-executed deal".

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                • #9
                  Re: Commencement

                  As mentioned, your lawyer should indicate to you when its safe to begin work. I'd be as honest with the creative producers as possible about where you're at. Telling them or implying that you've been writing this whole time may backfire when they expect to see something earlier. Just tell them you've been waiting for the green light from your team but that you've been taking the time to kick the tires and line everything out. That way they don't think you're on page 60 when you're on page 10.
                  Write, rite, wright... until you get it RIGHT.

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                  • #10
                    Re: Commencement

                    Thanks everybody.
                    I spoke directly with the producer and things are okay.
                    Inevitably the 5-person line of communication was getting in the way of clarity, as it so often does.

                    Speaking of working for free pre-contract.....

                    https://deadline.com/2018/10/wga-wes...es-1202487960/

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