I'm an unrepped writer who mostly cranks out original feature-length spec scripts. Recently, I've been discussing an on-spec arrangement with a NYC-based producer to write a TV pilot that he would shop once completed. He liked my work and floated the idea of working together. He doesn't seem to be a complete unknown quantity, but definitely not top of the food chain either. As he puts it: "I've made some decent stuff... and I've made some not so decent stuff."
So I get it... I'm not getting paid and I suppose I should run away and go back to writing my spec scripts, but it's tempting from the standpoint that I'd still be writing something on-spec like I always do, but in this scenario, there'd be someone else championing the work with various connections, etc. Of course, I'm a little out of my element with the TV angle, but not a complete neophyte either.
My question:
Without going into all the gory details of the contract that was sent to me (resisting sharing with entertainment attorney due to cost), but this one phrase doesn't sound encouraging. Maybe it's standard boilerplate, but it makes it sound like the odds are even longer for possibly getting compensation. It reads: "If a pilot based on the Work is produced and if Writer receives sole 'written by' credit, Writer shall receive... blah blah blah... paid in Full upon first day of principle photography. It is understood that if picture never enters principle photography no compensation shall be due."
Not sure how the TV pilot business works, but was hoping that much like a spec script, if someone buys or options the material, that would be the catalyst for payment... not whether or not it ever goes into production. In other words, couldn't there be a scenario (even for TV pilots) where the pilot is bought, but never gets filmed... or just takes a very long time? And I put in all the work and never get paid of course.
Shall I now reconsider this arrangement and run the other direction?
So I get it... I'm not getting paid and I suppose I should run away and go back to writing my spec scripts, but it's tempting from the standpoint that I'd still be writing something on-spec like I always do, but in this scenario, there'd be someone else championing the work with various connections, etc. Of course, I'm a little out of my element with the TV angle, but not a complete neophyte either.
My question:
Without going into all the gory details of the contract that was sent to me (resisting sharing with entertainment attorney due to cost), but this one phrase doesn't sound encouraging. Maybe it's standard boilerplate, but it makes it sound like the odds are even longer for possibly getting compensation. It reads: "If a pilot based on the Work is produced and if Writer receives sole 'written by' credit, Writer shall receive... blah blah blah... paid in Full upon first day of principle photography. It is understood that if picture never enters principle photography no compensation shall be due."
Not sure how the TV pilot business works, but was hoping that much like a spec script, if someone buys or options the material, that would be the catalyst for payment... not whether or not it ever goes into production. In other words, couldn't there be a scenario (even for TV pilots) where the pilot is bought, but never gets filmed... or just takes a very long time? And I put in all the work and never get paid of course.
Shall I now reconsider this arrangement and run the other direction?
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