TV Pilot - on-spec arrangement w/producer -- question

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  • TV Pilot - on-spec arrangement w/producer -- question

    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?

  • #2
    Re: TV Pilot - on-spec arrangement w/producer -- question

    All I can tell you is that tv deals are far more complex than feature deals and it's imperative that you get some help with this from a lawyer or at least a rep who is familiar with these contracts. You might want to ask the producer to refer you to a lawyer who would be willing to work on commission and just be candid that you have various questions about the terms.


    From my very limited experience, I would tell you that there should absolutely be some compensation prior to the commencement of principal photography. If the contract was offered to you as a take-it-or-leave-it arrangement, I would leave it. Otherwise you should be able to counter and negotiate something more reasonable, but again, entering into those negotiations without a voice of experience in your corner would be ill-advised IMO.


    Good luck.

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    • #3
      Re: TV Pilot - on-spec arrangement w/producer -- question

      I'd get a lawyer to take a look. Generally you get something for selling a pilot, not a ton, but something.

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      • #4
        Re: TV Pilot - on-spec arrangement w/producer -- question

        Appreciate the feedback... I like both suggestions: (1) Possibly engaging with an attorney, (2) Talking candidly with the producer about my initial concern.

        We've had fruitful meetings (albeit mostly on the creative side) when we've met a few times, but my gut tells me that he's fairly above-board and trustworthy so no red flags from that standpoint.

        I realize he's trying to get the best deal possible, but despite my amateur status, I also don't wanna be viewed like a one-trick pony with stars in their eyes... I think I can execute on this in a professional manner and deliver the goods, so my litmus test will be ensuring that we mutually agree on that point... and then making the contract reflect that.

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