Director wanting Credit

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  • Director wanting Credit

    I have a low-budget spec feature that a small company wants to film. They are in talks with a director to take on the project. This director has read my script and said that he CANNOT work with the script in its present form. He will only take the gig if the script is changed to follow the treatment he has written for my script.

    I don't know how extensive the notes/treatment is since he is still in talks with the production company on his own agreement. Another of his demands is that he get writing credit on my script.

    As to the script, the company still has not given me an offer, but that did not stop them from asking me to meet this guy and talk about the rewrite and credit split. Which the director does not want to do until he gets his agreement finalized.

    Is it normal for a director to come in and make whatever suggestions and demand credit? I'm sure in the industry any goes, as long as we all agree. I don't know how extensive the changes are, he may want a page one rewrite. I don't know yet.

    If their offer comes back low, and assuming that I would take it, then I am inclined to not let go of any credit. If their offer is high, I may think about it.

    Having been the writer and director on the feature I am working on now, I have not had to deal with an outside director.

    I know all will say to get a lawyer. I kind of have one. I have spoken to her and she has given me great advice for free. But she is pricy, as she is from one of the top firms in L.A., and she has suggested that the deal outline should already be in place then she will step in. Even offering to actually write the contract the company would give me since she could do it faster than the usual back and forth that would happen if two lawyers had their way.

    So, it looks like I will need to have the framework already in place before I bring her in.

    But this credit thing really got my head spinning, since this is a low budget movie, I'm probably not going to get a lot of money out of this and now this guy comes in and wants a cut of my credit.

    Any advice would be appreciated.
    Never let the competition know what you're thinking... and never tell the unseen masses your story idea.

    -- Rule 85, Ferengi Rules of Acquisition (updated by cmmora)

  • #2
    Re: Director wanting Credit

    I would take a cue from the director and tell this company that you're happy to sit down and talk with the director, but you're not committing to anything until you fully understand the scope of the changes the director wants and have an deal in place for your script.

    I would also make it clear that even if the project is not a guild project, you want to observe the widely-accepted industry standards for determining writing credit. So if he's just going to hand off a treatment or a list of changes he wants implemented, that's story credit assuming they're significant enough changes. If he is actually going to write the pages with you, that's writing credit. I would make it clear you're not willing to give him an unearned writing credit just because he provided some notes and feels like he wants one.

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    • #3
      Re: Director wanting Credit

      Originally posted by SoCalScribe View Post
      I would take a cue from the director and tell this company that you're happy to sit down and talk with the director, but you're not committing to anything until you fully understand the scope of the changes the director wants and have an deal in place for your script.

      I would also make it clear that even if the project is not a guild project, you want to observe the widely-accepted industry standards for determining writing credit. So if he's just going to hand off a treatment or a list of changes he wants implemented, that's story credit assuming they're significant enough changes. If he is actually going to write the pages with you, that's writing credit. I would make it clear you're not willing to give him an unearned writing credit just because he provided some notes and feels like he wants one.

      Sounds smart - especially if it's low budget I would be conservative. Story credit, maybe. Writing credit, no.
      www.JustinSloanAuthor.com

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      • #4
        Re: Director wanting Credit

        Originally posted by SoCalScribe View Post
        I would take a cue from the director and tell this company that you're happy to sit down and talk with the director, but you're not committing to anything until you fully understand the scope of the changes the director wants and have an deal in place for your script.

        I would also make it clear that even if the project is not a guild project, you want to observe the widely-accepted industry standards for determining writing credit. So if he's just going to hand off a treatment or a list of changes he wants implemented, that's story credit assuming they're significant enough changes. If he is actually going to write the pages with you, that's writing credit. I would make it clear you're not willing to give him an unearned writing credit just because he provided some notes and feels like he wants one.
        This is exactly what I told the company about having a deal in place before I make any changes. If he wants credit in any form, it better be from something that enhances the story.

        Thanks SoCalScribe and Stainjm
        Never let the competition know what you're thinking... and never tell the unseen masses your story idea.

        -- Rule 85, Ferengi Rules of Acquisition (updated by cmmora)

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        • #5
          Re: Director wanting Credit

          Say that you will need co-directing credit - you have directing experience. The director will be working from your screenplay (or whatever that is left of it) and that means much of what the director will do comes from your work... so you need to be credited for that.

          - Bill
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          http://www.scriptsecrets.net

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          • #6
            Re: Director wanting Credit

            Originally posted by wcmartell View Post
            Say that you will need co-directing credit - you have directing experience. The director will be working from your screenplay (or whatever that is left of it) and that means much of what the director will do comes from your work... so you need to be credited for that.

            - Bill
            Beautiful, Bill. Beautiful. Hmmmm...
            Last edited by cmmora; 04-17-2013, 08:53 PM.
            Never let the competition know what you're thinking... and never tell the unseen masses your story idea.

            -- Rule 85, Ferengi Rules of Acquisition (updated by cmmora)

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            • #7
              Re: Director wanting Credit

              ha! this just happened to me too. the film just wrapped, this week, so i obviously went along with the deal to get my first produced feature credit. (although, I have sold a few others, not yet produced).

              i have sole "screenplay by/written by" credit. two other guys will be credited for "additional material". one of them is the director.

              i look at it as a small price to pay. in fact, it doesn't bother me at all, as they still used my original script. i physically made the changes to the master file and returned it to them with each update. no worries... gotta start somewhere.

              there are plenty more from where this script came from and i laugh since i would have considered it "not my best work", but together we made it work... that's what this business is all about. next time, i will have a little more leverage.

              good luck!! and hoping for the most benevolent outcome,
              LA
              Check out my animated feature available on VOD:
              www.TheGridZom.com

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              • #8
                Re: Director wanting Credit

                It's not a new phenomenon, directors wanting writing credits. Some of the biggest names in the industry have hired writers on the understanding that the director will ultimately get a screenwriting credit. However, the cases I know about happened years ago (different writers guild back then) and were big paydays for the writers, so it wasn't so hard for them to agree to the idea. Maybe it still happens now...

                The only harm I can see from doing a meeting before there's any deal whatsoever is that the director/producer can pump you for ideas, dump you, then write something similar but not similar enough to get sued. That's not likely to happen, but it does happen.

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                • #9
                  Re: Director wanting Credit

                  Originally posted by cmmora View Post
                  If their offer comes back low, and assuming that I would take it, then I am inclined to not let go of any credit.
                  I have a question about credits. You mentioned low budget / small company. I assume therefore it's wga non signatory. With wga signatory company, the drafts will be compared and then credit will be assigned fairly it would seem. But with a non sig gig, I'm wondering how credits are assigned? By contracts both parties sign?

                  "I am inclined to not let go of any credit" -- what's preventing them from changing anything they want after you sell or option this? If they make enough drastic changes, couldn't they give credit to whoever they want once you sell/option this to them? Once material is optioned/ sold, can't they fire you and bring on whoever they want and in the process, credits may change? Or is it contract specific? I'll admit I have 0 experience with this but wondering about it.

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                  • #10
                    Re: Director wanting Credit

                    Tony6,

                    A lot of what you mention should be explicitly spelled out in the writer's contract with the producer.

                    If there's no contract yet, things can indeed get sticky.

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                    • #11
                      Re: Director wanting Credit

                      My thinking as a nonprofessional who has been watching this stuff for a long time ...

                      First, Martell's idea is really cool. But I don't know if you can pull that off. If you think you can, go for it.

                      It seems to me that you have three considerations:

                      (1) Getting paid.
                      No need to explain this point.
                      (2) Getting your name as a credit of any kind.
                      If you think that this could lead to some more work, some networking, some future relationships, then the compromise of letting him horn in on the credit may be well worth it.

                      I don't think that this really takes away very much from you. I think most people who matter anyway know that the director rewrites some things (or somebody besides you does some rewriting, credited or otherwise).
                      (3) Edit to add a third consideration.
                      Don't let them legally encumber the script so that you cannot do something with it if they fiddle around and then drop the project.

                      "The fact that you have seen professionals write poorly is no reason for you to imitate them." - ComicBent.

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                      • #12
                        Re: Director wanting Credit

                        Originally posted by tony6pack View Post
                        I have a question about credits. You mentioned low budget / small company. I assume therefore it's wga non signatory. With wga signatory company, the drafts will be compared and then credit will be assigned fairly it would seem. But with a non sig gig, I'm wondering how credits are assigned? By contracts both parties sign?

                        "I am inclined to not let go of any credit" -- what's preventing them from changing anything they want after you sell or option this? If they make enough drastic changes, couldn't they give credit to whoever they want once you sell/option this to them? Once material is optioned/ sold, can't they fire you and bring on whoever they want and in the process, credits may change? Or is it contract specific? I'll admit I have 0 experience with this but wondering about it.
                        On non-signatory projects, writing credit is determined at the producer's discretion. Some non-signatory writer agreements will simply state that in the contract (i.e. that credit is at the producer's sole discretion), while other non-signatory agreements will specify the credit the producer has agreed to give a writer. Needless to say, the latter is much more advantageous to the writer.

                        The one good thing about the OP having not signed his agreement yet is that his credit provision hasn't been negotiated either. So he can take this meeting with the director (for which he's under no obligation to provide material or agree to anything) and then will have a better idea about what kind of credit to ask for when it comes to his own contract. If the director is completely unreasonable or clearly just wants a vanity writing credit, the OP can dig his heels in and refuse to sell the script at all unless he's happy with his writing credit.

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                        • #13
                          Re: Director wanting Credit

                          @ComicBent! your third point is VERY IMPORTANT. I have a couple of those skeletons in my closet. Sold, but not produced. It's a waste of time and creativity. One should always make sure there is a "turnaround" clause if nothing happens within a specific time frame, if possible.
                          LA
                          Check out my animated feature available on VOD:
                          www.TheGridZom.com

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                          • #14
                            Re: Director wanting Credit

                            Originally posted by EscapeFL View Post
                            @ComicBent! your third point is VERY IMPORTANT. I have a couple of those skeletons in my closet. Sold, but not produced. It's a waste of time and creativity. One should always make sure there is a "turnaround" clause if nothing happens within a specific time frame, if possible.
                            As long as you're negotiating, I'd start by asking for a reversion. It's a much better (i.e. cheaper and less arduous) situation for getting your rights back than turnaround. Either way, though, I would fight hard for at least one of those two concessions. Without them, as EscapeFL mentioned, the company can just buy a project and have it sit on a shelf forever. And in those situations, hopefully the purchase price is worth it because that's all that's likely to ever happen with that project.

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                            • #15
                              Re: Director wanting Credit

                              I really appreciate the comments by EscapeFL and SoCalScribe, who obviously have real experience, whereas I can only look from the outside.

                              "The fact that you have seen professionals write poorly is no reason for you to imitate them." - ComicBent.

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