Hi all,
Ok, first I want to apologize in advance if this post is a little long.
My dilemma that I need advice on is this:
I was approached by a producer (small time yes) and asked that I co-write a script based on an idea he had. Also he said he had funding to produce it when completed. He then forced me into signing 2 contracts, one with him as a co-writer stating that he will get equal credit and pay if sold to another production company, and another with him as a producer that stated he would do a 4 month option with pay to me when the script was done and that if after the 4 months he decided to not option further I could then seek other production companies. Pretty standard stuff. Nothing too nefarious.
Well long story short, I finished the script. He did none of the writing. After I signed the contracts he then told me he really didn't know how to write. He sent me what he had written and yes he really doesn't know how to write a screenplay. So I took what he wrote and changed it almost 100% (it was only a few pages anyway) and then proceeded to write a full feature. He only added in a few thoughts here and there.
Then when it was ready to begin production, his funding fell thru. His investor had something happen. The producer did do the 4 month option and paid me for it. Then he did not renew the option, but said he was putting the script "on the back burner" as he began working on a tv production.
I then asked him if he was going to help pitch it to other production companies as he was a co-writer. He of course said sure and of course he hasn't.
The writers contract says if one of the writers does not put forth maximum effort with the script they will be considered off the project and will only receive credit for their part. Plus the prod contract says the writers can pitch to other companies if the option was not renewed. I contacted him recently to tell him this and he got very defensive and basically said we should divide up the script and he will take what he wrote and that he will "nonetheless" be producing it after rewriting it even if it takes years and that he can't even begin to think about looking at the script until late this year.
To me that statement says he feels he still has "ownership" of the script as a producer and that I cannot pitch it to anyone else. Also he didn't actually write any of it. He did have some thoughts which I tried to put into the script when I wrote it.
He seems to be holding it for ransom and I do not know what to do. I want to pitch it to managers and production companies, but he mentioned bringing in lawyers and I cannot afford all that. So am I screwed? Is this script lost now to me?
I feel he broke both contracts when he mentioned he won't even look at it until late this year because the writers contract says "maximum effort" which to me means he is not doing that. And the prod contract in the fact that he is now saying he is holding the script to make later means to me that he is saying I cannot pitch it to anyone even though the option is off the table.
I hope all this makes sense. I am very upset by all this and need some sound advice. I thank you in advance. (and yes, I was probably stupid to sign anything with this guy, but you do things to hopefully get your work made).
Ok, first I want to apologize in advance if this post is a little long.
My dilemma that I need advice on is this:
I was approached by a producer (small time yes) and asked that I co-write a script based on an idea he had. Also he said he had funding to produce it when completed. He then forced me into signing 2 contracts, one with him as a co-writer stating that he will get equal credit and pay if sold to another production company, and another with him as a producer that stated he would do a 4 month option with pay to me when the script was done and that if after the 4 months he decided to not option further I could then seek other production companies. Pretty standard stuff. Nothing too nefarious.
Well long story short, I finished the script. He did none of the writing. After I signed the contracts he then told me he really didn't know how to write. He sent me what he had written and yes he really doesn't know how to write a screenplay. So I took what he wrote and changed it almost 100% (it was only a few pages anyway) and then proceeded to write a full feature. He only added in a few thoughts here and there.
Then when it was ready to begin production, his funding fell thru. His investor had something happen. The producer did do the 4 month option and paid me for it. Then he did not renew the option, but said he was putting the script "on the back burner" as he began working on a tv production.
I then asked him if he was going to help pitch it to other production companies as he was a co-writer. He of course said sure and of course he hasn't.
The writers contract says if one of the writers does not put forth maximum effort with the script they will be considered off the project and will only receive credit for their part. Plus the prod contract says the writers can pitch to other companies if the option was not renewed. I contacted him recently to tell him this and he got very defensive and basically said we should divide up the script and he will take what he wrote and that he will "nonetheless" be producing it after rewriting it even if it takes years and that he can't even begin to think about looking at the script until late this year.
To me that statement says he feels he still has "ownership" of the script as a producer and that I cannot pitch it to anyone else. Also he didn't actually write any of it. He did have some thoughts which I tried to put into the script when I wrote it.
He seems to be holding it for ransom and I do not know what to do. I want to pitch it to managers and production companies, but he mentioned bringing in lawyers and I cannot afford all that. So am I screwed? Is this script lost now to me?
I feel he broke both contracts when he mentioned he won't even look at it until late this year because the writers contract says "maximum effort" which to me means he is not doing that. And the prod contract in the fact that he is now saying he is holding the script to make later means to me that he is saying I cannot pitch it to anyone even though the option is off the table.
I hope all this makes sense. I am very upset by all this and need some sound advice. I thank you in advance. (and yes, I was probably stupid to sign anything with this guy, but you do things to hopefully get your work made).
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