Switching/leaving managers question

jimjimgrande · 03-25-2008, 10:53 AM

Did he submit this script to the people interested in buying it?

Has his ofice set the meetings you've had with those people?

Has he had any contact or discussions with them about the material?

If the answer is yes to any of the above, likely you'll have to pay him out or risk having him sue you if you don't. And the risk of a lawsuit has often times killed deals because nobody wants the headache.

Do you have a written agreement with him? What does is say?

Using the heat from a sale might be the best way to upgrade your management situation even if it means dealing with him through the current negotiation.

Or, start taking meetings with other managers and let them tell you whether or not they can, or will, jump in on this deal and cut the other guy out. My guess, and it's just a guess, is that most of the guys you'd want to have repping you are going to be smart enough to stay clear of a potential sticky situation. Nobody wants enemies.

GreatOz · 03-25-2008, 11:26 AM

I recently negotiated a deal for a telemovie script. My manager had nothing to do with submitting it or giving me feedback on it. He didn't ask for a commission.

03-26-2008, 03:48 PM

Whether or not the bloke asked for a commission, you owe him that if you signed a contract. Even if you want to leave the agency, honoring your contract will make it a lot easier finding someone who believes in you. You might even get help in your search from your current rep.

In response to your broader question, you are under contract for as long as your contract says. This town has enough people refuting their obligations, don't you think?

If they broke the contract, just tell them so, and tell them you want a release - but be open. Running around hiding isn't going to get people excited to work with you.

gman8343 · 03-30-2008, 10:37 AM

Thx for the replies. I absolutely do not want to do the wrong thing and get in trouble in terms of not paying someone I should be.

I don't have a problem paying a manager commision, just was wondering how it would work if I ended up getting a new manager to work the current deal -- would I pay both managers commision?

My current manager has not read or helped develop the script in question in any way - it has never been sent out by him or anything. If I left them and signed with someone else, I'm unsure if I should be paying the old management co. commission as well as the new ones.

There is no written contract between myself & the current management co.

Great White Mark · 03-30-2008, 09:03 PM

Whether or not the bloke asked for a commission, you owe him that if you signed a contract.

---------------------------

No he doesnt and the manager is right not to ask for it---he didn't earn it. A good manager will tell you that even tho they rep you, a smart writer will still be out there networking and promoting themselves.

The manager didn't earn a dime of that sale and a smart manager understands that even tho he didn't pocket any green in this case, this sale can open doors to many other opportunities that he can exploit on his clients behalf down the road and use it as tool for better and bigger things. i.e. a career--which is what a manager, unlike an agent is there to manage.

I'm all for honor, but a manager or agent will drop you in heartbeat if you don't produce work they can sell. Not the best reality, but reality nonetheless.

magicman35 · 03-31-2008, 03:44 AM

Whether the manager 'earned' the commission is missing the point. It all depends on your contract. There are a lot of writers out there who've sold/optioned/landed a gig where the agent/manager contributed very little or nothing to the deal, but them's the breaks. It sucks and it can feel unfair, but then that goes for a lot of things in life.

In general it's helpful to understand that, by and large, agents or managers don't get you work. They can get you read, get you in the door, but the rest is down to you and the work. If every writer understood that earlier in the process it would probably save both sides a lot of heartache.

It all really comes down to the contract you signed rather than any notion of fairness.

Be interested to see what some of our resident managers think.

03-25-2008, 09:02 AM	#1
gman8343 New User Join Date: Jul 2005 Location: LA Posts: 7	Switching/leaving managers question Thx. Last edited by gman8343 : 07-01-2008 at 11:04 AM.

03-25-2008, 10:53 AM	#2
jimjimgrande Member Join Date: May 2005 Location: beverly hills adjacent...really Posts: 1,116	Re: Switching/leaving managers question Did he submit this script to the people interested in buying it? Has his ofice set the meetings you've had with those people? Has he had any contact or discussions with them about the material? If the answer is yes to any of the above, likely you'll have to pay him out or risk having him sue you if you don't. And the risk of a lawsuit has often times killed deals because nobody wants the headache. Do you have a written agreement with him? What does is say? Using the heat from a sale might be the best way to upgrade your management situation even if it means dealing with him through the current negotiation. Or, start taking meetings with other managers and let them tell you whether or not they can, or will, jump in on this deal and cut the other guy out. My guess, and it's just a guess, is that most of the guys you'd want to have repping you are going to be smart enough to stay clear of a potential sticky situation. Nobody wants enemies.

03-25-2008, 11:26 AM	#3
GreatOz Member Join Date: May 2005 Posts: 991	Re: Switching/leaving managers question I recently negotiated a deal for a telemovie script. My manager had nothing to do with submitting it or giving me feedback on it. He didn't ask for a commission.

03-26-2008, 03:48 PM	#4
Archive Posts: n/a	Re: Switching/leaving managers question Whether or not the bloke asked for a commission, you owe him that if you signed a contract. Even if you want to leave the agency, honoring your contract will make it a lot easier finding someone who believes in you. You might even get help in your search from your current rep. In response to your broader question, you are under contract for as long as your contract says. This town has enough people refuting their obligations, don't you think? If they broke the contract, just tell them so, and tell them you want a release - but be open. Running around hiding isn't going to get people excited to work with you.

03-30-2008, 10:37 AM	#5
gman8343 New User Join Date: Jul 2005 Location: LA Posts: 7	Re: Switching/leaving managers question Thx for the replies. I absolutely do not want to do the wrong thing and get in trouble in terms of not paying someone I should be. I don't have a problem paying a manager commision, just was wondering how it would work if I ended up getting a new manager to work the current deal -- would I pay both managers commision? My current manager has not read or helped develop the script in question in any way - it has never been sent out by him or anything. If I left them and signed with someone else, I'm unsure if I should be paying the old management co. commission as well as the new ones. There is no written contract between myself & the current management co.

03-30-2008, 09:03 PM	#6
Great White Mark Regular Join Date: Sep 2005 Posts: 354	Re: Switching/leaving managers question Whether or not the bloke asked for a commission, you owe him that if you signed a contract. --------------------------- No he doesnt and the manager is right not to ask for it---he didn't earn it. A good manager will tell you that even tho they rep you, a smart writer will still be out there networking and promoting themselves. The manager didn't earn a dime of that sale and a smart manager understands that even tho he didn't pocket any green in this case, this sale can open doors to many other opportunities that he can exploit on his clients behalf down the road and use it as tool for better and bigger things. i.e. a career--which is what a manager, unlike an agent is there to manage. I'm all for honor, but a manager or agent will drop you in heartbeat if you don't produce work they can sell. Not the best reality, but reality nonetheless.

03-31-2008, 03:44 AM	#7
magicman35 Regular Join Date: Jun 2005 Posts: 440	Re: Switching/leaving managers question Whether the manager 'earned' the commission is missing the point. It all depends on your contract. There are a lot of writers out there who've sold/optioned/landed a gig where the agent/manager contributed very little or nothing to the deal, but them's the breaks. It sucks and it can feel unfair, but then that goes for a lot of things in life. In general it's helpful to understand that, by and large, agents or managers don't get you work. They can get you read, get you in the door, but the rest is down to you and the work. If every writer understood that earlier in the process it would probably save both sides a lot of heartache. It all really comes down to the contract you signed rather than any notion of fairness. Be interested to see what some of our resident managers think.

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