Is an agent mandatory?

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  • #1

    Is an agent mandatory?

    Long story short: A screenplay of mine is in the hands of a production company who seems pretty serious about buying it.

    My question: I'm currently unrepped. Is it absolutely necessary that I broker this deal through an agent? I figure I'll need a lawyer to go over the fine print and all, but since the sale is imminent what do I need an agent for?

    Next question: If I do need an agent, could I just call up pretty much any agency in town and say, "Hey, I have this deal that's about to go through, if any of your agents are interested in free money please send them my way."

    Now if you'll excuse me I'm going to spend the rest of the day knocking wood in hopes that I haven't jinxed this sale...
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  • #2
    Re: Is an agent mandatory?

    congrats! a good entertainment lawyer is all you'll need for this one, but you could possibly gain an agent or manager by promising them the commission if they take you on before the sale.
    oak works best.
    LA
    Check out my animated feature available on VOD:
    www.TheGridZom.com

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    • #3
      Re: Is an agent mandatory?

      If you have an agent, they'll do the leg work when selling your scripts. That person also knows how to negotiate a script deal since he/she's aware how the industry works. The agent will help you financially while earning 10 percent.

      You're lucky to have a production company interested, so get an entertainment lawyer to look over the contract.
      "A screenwriter is much like being a fire hydrant with a bunch of dogs lined up around it.- -Frank Miller

      "A real writer doesn't just want to write; a real writer has to write." -Alan Moore

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      • #4
        Re: Is an agent mandatory?

        Originally posted by EscapeFL View Post
        congrats! a good entertainment lawyer is all you'll need for this one, but you could possibly gain an agent or manager by promising them the commission if they take you on before the sale.
        oak works best.
        This is true, all you really need for this is a lawyer, but what an agent does for you in this situation is use his/her knowledge of the business, the ProdCo, and other sales to make sure your deal is good. For example let's say the script is a low-budget slasher. An entertainment lawyer will negotiate the deal and make sure your ass is covered. But a good agent will look a the market, look at the last 5 low-budget slasher specs that sold, take into account the writers, the buyers, and all the other factors, and use that to leverage you a better deal.

        With that said, I am sure agents get this angle thrown at them by unrepped writers every day. Cold calling an agency and saying you've had some meetings with a ProdCo and they are very interested in your script is going to get you no where. What you need to do is have the interested producer make the call and refer you.

        Best of luck.
        Write, rite, wright... until you get it RIGHT.

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        • #5
          Re: Is an agent mandatory?

          Originally posted by asteven50 View Post
          With that said, I am sure agents get this angle thrown at them by unrepped writers every day. Cold calling an agency and saying you've had some meetings with a ProdCo and they are very interested in your script is going to get you no where. What you need to do is have the interested producer make the call and refer you.

          Best of luck.
          Interesting. I would think the prospect of a free sale where all you have to do is show up would be quite enticing for an agent. Curious. But regardless of how I manage to attach an agent it seems like doing so is certainly the way to go.

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          • #6
            Re: Is an agent mandatory?

            Don't just take on any agent, especially just to give away your money for doing no work. You want someone you can build a career with so choose wisely for the future, not the now.
            Quack.

            Writer on a cable drama.

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            • #7
              Re: Is an agent mandatory?

              Originally posted by ducky1288 View Post
              Don't just take on any agent, especially just to give away your money for doing no work. You want someone you can build a career with so choose wisely for the future, not the now.
              I agree. I'd try to meet with a few agents if possible and see which one is the most passionate about working with you.

              The last thing you want is to "sign" with someone when they don't have your back.
              Twitter @CameronAlxander

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              • #8
                Re: Is an agent mandatory?

                Originally posted by Madbandit View Post
                If you have an agent, they'll do the leg work when selling your scripts. That person also knows how to negotiate a script deal since he/she's aware how the industry works. The agent will help you financially while earning 10 percent.

                You're lucky to have a production company interested, so get an entertainment lawyer to look over the contract.
                An add on to the OP's question:

                If you want to retain the TV rights and sequel rights, or secure a sequel deal, can't a lawyer negotiate that? Or a manager? Or does an agent do that?
                FA4
                "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

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                • #9
                  Re: Is an agent mandatory?

                  finalact4,

                  Regarding retaining sequel rights, this thread might be of interest to you, particularly the post from Ronaldinho.

                  http://messageboard.donedealpro.com/...ad.php?t=61635

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                  • #10
                    Re: Is an agent mandatory?

                    Originally posted by finalact4 View Post
                    An add on to the OP's question:

                    If you want to retain the TV rights and sequel rights, or secure a sequel deal, can't a lawyer negotiate that? Or a manager? Or does an agent do that?
                    FA4
                    A good lawyer could.

                    If I'm not mistaken, that's what the boys from Saw did initially. Not sure about their TV rights though.
                    One must be fearless and tenacious when pursuing their dreams. If you don't, regret will be your reward.

                    The Fiction Story Room

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                    • #11
                      Re: Is an agent mandatory?

                      I have a question similar to the OP's.

                      In Cali, is an agent legally necessary to complete a deal?

                      I remember reading something a while ago that said agents are needed to, at least, complete some paperwork.

                      Maybe it depends on the deal's size or whether the deal is wga?

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                      • #12
                        Re: Is an agent mandatory?

                        Originally posted by bill the scholar View Post
                        I have a question similar to the OP's.

                        In Cali, is an agent legally necessary to complete a deal?

                        I remember reading something a while ago that said agents are needed to, at least, complete some paperwork.

                        Maybe it depends on the deal's size or whether the deal is wga?
                        No.
                        https://twitter.com/#!/moviewriterJeff

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                        • #13
                          Re: Is an agent mandatory?

                          Good to know, thx

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