Offers to option quandary

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  • #16
    Re: Offers to option quandary

    Watch this before you sign anything.

    https://www.youtube.com/watch?v=CQo4UUNJI-M&t=186s

    It's not just about getting the steps, it's about making sure you are hired as the "writer" on the project. You also want to protect the sequel/prequel rights. It has to be worded correctly for it to be meaningful, because if you're not specific about the language you could lose out on money you "think" you're entitled to.

    Call some entertainment lawyers.

    If the producers sell it to a signatory they'll have to follow WGA mins. You can stipulate that up front, too. Have you checked out some basic contracts and/or read the WGA mins so you know what you should have included your contract?

    Scriptfella's video can help simplify it, and gives you a head start.

    It's an exciting time for you, and congratulations!
    "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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    • #17
      Re: Offers to option quandary

      I'll digest and incorporate all your suggestions. Great info. Important. Definitely will view links and video. Thanks for the congtrats and thanks sincerely for the advice

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      • #18
        Re: Offers to option quandary

        And maybein meantime one of those reading the script get excited and crazy lo. But doubt the reads will go fast enough. Lil men --me-- and their dreams Lol

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        • #19
          Re: Offers to option quandary

          Very interesting script/project journey. Thanks for your experience on the road you traveled. Re: Your producer now securing life rights. Hmmm. Did you not originally have those in place or did they expire. Very intrigued on your process. Thanks again.

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          • #20
            Re: Offers to option quandary

            Last remark was regarding:
            Satriales post

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            • #21
              Re: Offers to option quandary

              Originally posted by Jazzed View Post
              Very interesting script/project journey. Thanks for your experience on the road you traveled. Re: Your producer now securing life rights. Hmmm. Did you not originally have those in place or did they expire. Very intrigued on your process. Thanks again.
              Very public figure and life rights weren’t necessary. Also, dead.

              But having the blessing of the family at this point is very helpful, now that we’re actually trying to make it.

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              • #22
                Re: Offers to option quandary

                In California some dead celebrities that were notable public figures--enjoy a status where-in life rights are necessary. Other states... dunno. Do you go forward if family chooses not to bless or wants blessing dough? Curioius because that's an area I've kinda mined for projects. Thanks. All the best

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                • #23
                  Re: Offers to option quandary

                  Originally posted by Jazzed View Post
                  In California some dead celebrities that were notable public figures--enjoy a status where-in life rights are necessary. Other states... dunno. Do you go forward if family chooses not to bless or wants blessing dough? Curioius because that's an area I've kinda mined for projects. Thanks. All the best
                  I don't think they enjoy any such status as it pertains to facts in the public domain and creative expression of such. There have been plenty of rulings affirming this for celebs and non-celebs alike.

                  The producer is fine moving forward without life rights. The director had a negative experience on this front and would not be comfortable without them. I have developed a relationship with the family and they are on board so I'm not overly concerned.

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                  • #24
                    Re: Offers to option quandary

                    Actually they do enjoy exactly such status. The way it works: the heir--in Cali that would be his wife at time of death. If not married, then his life rights fall to any children, equally. Example: not married at death, 3 kids. you want life rights. Must get a majorty (in this case, two) of kids to sign on--even though 3rd kid may not be onboard. The kids then split equally, even the dissenter gets his.

                    In order to receive these protections, the rights holder is required to register their interest with the State of California--the Secretary of State's office to be precise. There is a small fee-maybe 75-100 bucks. I registered a claim but it's been a taste. . This can be done online and protections extend for 5 years and must be renewed to be valid. This came about due to the dead celebrieties act-- may have been Marilyn and/or Astaire as I recall. So when you marry facts in the public domain and creative expressions of such, the result could be a commercial endeavor such as a commercial or a film. Don't suppose you ever see a Marilyn endorsement for products without her estate getting some cash, right? In Cali ---a film--it aint happening. Enjoy your day. Caveat: should heirs neglect to register their claim, and an individual or company starts development--proveable- then the heir's claim is unenforceable. Snooze ya lose. But as you imply-- quite correctly--relatives likely only benefit from a production, never costs them a cent. so little to lose for not cooperating.
                    Last edited by Jazzed; 07-04-2020, 09:52 AM.

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                    • #25
                      Re: Offers to option quandary

                      Under the Astaire act I can make a Frank Sinatra documentary. I can't (at risk of litigation from his estate, I assume) use his likeness to sell my Signature Sinatra Bourbon.

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                      • #26
                        Re: Offers to option quandary

                        Originally posted by Satriales View Post
                        Under the Astaire act I can make a Frank Sinatra documentary. I can’t (at risk of litigation from his estate, I assume) use his likeness to sell my Signature Sinatra Bourbon.
                        In the case of Frank Sinatra, I believe you would need to family's cooperation for music rights. (Or whoever holds those rights.) What's the point of making a movie about Frank if you can't use his songs?

                        I went through all of this when I had a script that involved using the music of Jerry Garcia and the Grateful Dead. The band still gets to approve all that, and if it's Jerry Band or Jerry specifically, you have to deal with Jerry's widow, Deborah Coons Garcia. Who doesn't like to play. They'll license music to play in a movie that's not about the Dead, but if it's about the Dead, it gets tricky fast.

                        I can see where if the subject is dead and there is no creative work to license to tell their story, you don't have to get life rights. Where it gets complicated if you use their work, like in the case of a musician. If you look at the projects involving Jerry Garcia, there have been no "unauthorized" or unofficial documentaries. There was Long, Strange Trip -- which was made by the band's involvement. There's another project in post-production about Deadheads traveling to see the Dead reunion show in Chicago. But nothing about Garcia's real life. Because certain people don't want that story told. And they have power over the music rights.

                        I may be totally wrong in other cases, but that was my experience with this specific subject matter.
                        Last edited by lostfootage; 07-04-2020, 11:00 AM. Reason: Misspellings

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                        • #27
                          Re: Offers to option quandary

                          Originally posted by Satriales View Post
                          Under the Astaire act I can make a Frank Sinatra documentary. I can't (at risk of litigation from his estate, I assume) use his likeness to sell my Signature Sinatra Bourbon.
                          You had mention it was a long journey. Also that talent was being attached, which as well as a director. Said talent would reasonably be construed that it was not a documentary. Don't know how doc became germane. But I'm a Sinatra fan. So Happy 4th to you and ALL!

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                          • #28
                            Re: Offers to option quandary

                            Originally posted by Jazzed View Post
                            You had mention it was a long journey. Also that talent was being attached, which as well as a director. Said talent would reasonably be construed that it was not a documentary. Don't know how doc became germane. But I'm a Sinatra fan. So Happy 4th to you and ALL!
                            I mean you're objectively incorrect that you need life rights in CA to make a feature or a documentary or to write a book.

                            There are constraints (see, the music rights) but nothing to prohibit a feature.

                            The Hurt Locker guy couldn't win. The Jimmy Stewart estate isn't stopping my making of It's A Wonderful Life feature.

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                            • #29
                              Re: Offers to option quandary

                              Yes blind query. So thank you all for your invaluable insights and input. So this is what I did. Took the $7,500 -- a 24 month option-- 2% of budget $200k floor - $600k ceiling. story by. Also a co-exec producer credit that brings 1.2% -contingent compensation of net calculated in same standing as producer. Thanks all--and DD Admin had very shrewd advice! I also have some great news posting on another thread.

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                              • #30
                                Re: Offers to option quandary

                                Congratulations, great deal!
                                "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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