I got contacted by an indie filmmaker, now what?

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  • I got contacted by an indie filmmaker, now what?

    So I got emailed by an indie filmmaker about a script of mine, he found me on The Black List. He wants to discuss potential options on film options for my script. The problem is, I don’t have a manager, agent, lawyer, etc. so I have no clue what kinda questions I should be asking and stuff. Could you guys give me any guidance? I’ve looked at his imdb and he seems to be legit, no huge blockbusters or nothing, but he’s worked with some recognizable names like Pam Grier and Chris Parnell. Help?! What questions should I be asking?

  • #2
    Originally posted by Acooljt View Post
    So I got emailed by an indie filmmaker about a script of mine, he found me on The Black List. He wants to discuss potential options on film options for my script. The problem is, I don’t have a manager, agent, lawyer, etc. so I have no clue what kinda questions I should be asking and stuff. Could you guys give me any guidance? I’ve looked at his imdb and he seems to be legit, no huge blockbusters or nothing, but he’s worked with some recognizable names like Pam Grier and Chris Parnell. Help?! What questions should I be asking?
    Hey congrats. There is a big difference between a good writer and good business man.
    We need each other.
    Keep it pro. Keep it cordial. Keep it friendly. No attitude. Be kind. Super kind to the managers, directors etc.
    Even when they are acting up or being bossy or hyper or too loud or very demanding. Keep it grace under pressure.
    All the best.
    It's a team.
    Life is short.
    We don't have time.
    Just be nice the directors and producers. They are the only one will make your dreams come true

    Comment


    • #3
      Originally posted by Acooljt View Post
      So I got emailed by an indie filmmaker about a script of mine, he found me on The Black List. He wants to discuss potential options on film options for my script. The problem is, I don’t have a manager, agent, lawyer, etc. so I have no clue what kinda questions I should be asking and stuff. Could you guys give me any guidance? I’ve looked at his imdb and he seems to be legit, no huge blockbusters or nothing, but he’s worked with some recognizable names like Pam Grier and Chris Parnell. Help?! What questions should I be asking?
      1. Congrats, always nice to be recognized
      2. Find out what he wants. To option the script to make? Rewrite it to make? Produce it?
      3. In general find out what his plan is and the benefit to you? Getting a film made? I assume it will be for little or no money upfront.

      Comment


      • #4
        A few things to consider. Off the top of my head, one might...

        Keep it broad in scope initially and don't agree to anything unless you understand it fully and completely. Don't be embarrassed if you don't understand something, ask questions.

        A short form option might be a one sheet that just gives the producer the right to sell it for a specified period of time. I only have experience with long form options/purchase agreements. But they sometimes start with an email that hits the big topics before they send an actual option. Be cautious, an email is considered an agreement and once you agree you can't renegotiate unless there is another leverage point later. They will say, "in the email you previously agreed to..." Try not to make this mistake.

        As a writer I would want to know...
        • What is your interest in the material? Option to take out as is? or develop the material with rewrites?
        • Are you interested in producing it on your own or teaming up with larger prodcos?
        • Do you have funds available to produce or will you need to secure financing?
        • What do you see as the target budget?
        • What do you feel might be the initial steps?
        • Short form option or long form (option/purchase agreement)?
        • What will you offer for an option fee? What length of time?
        • Option extension fee and length of time?
        • You want the option fee to be an outright payment and not deductible from the purchase price. The option fee is yours regardless of whether they exercise the option or not. Same with any extension.
        • Typically the purchase price will stipulate a percent of the budget, usually 2-3%, in which case you will also be given a floor and ceiling-- be certain you understand what these terms mean.
        That's usually the starting point. And if you can agree to those terms in an email, they will most likely send you an actual option with these conditions stated as well as many others if it's a long form. This tells you they are serious. The long form will still need to be negotiated, but these are the big elements.

        As you get deeper into the actual option, make sure you understand the language completely because you don't want to leave money on the table unnecessarily.
        • You want the purchase price percentage to be based on the actual final budget. Be wary of words like "producer-approved budget," for this can be a way for them to pay you less. Also, you don't want it based upon "pre-production" budget-- the final actual budget.
        • You fee(s) should not include any offsets, or credits, which reduce the budget and therefore your fee.
        • If the floor and ceiling don't match your goals, consider pitching a bonus based on the budget going beyond a specific target. For example let's say the producer wants to make the movie for $10 million and they offer a cap (ceiling) of $200,000, but your goal was higher because you have material that can potentially attract A-list talent (actors/directors), you could negotiate a budget bonus whereby IF the budget exceeds $15 million (or more) that you will be paid an additional sum (state here) and for every increment thereafter you will receive (blank sum). This helps them when they need to secure a financier initially. Securing an A-lister makes any project more viable, but it also increases the budget in most cases. You want to capitalize on that opportunity. If they have no intention of going out to A-list talent it hurts the producer not at all
        • I would completely avoid any "credit bonus" because if it ever becomes a WGA signatory project and you are not in the guild you are not eligible to receive any credit unless you stipulate up front that you will be automatically considered as a "professional screenwriter based on WGA standards." I would do this in any/every option.
        • You want to be paid for rewrites but if that is not an option make sure that you alone retain ALL rights to any rewritten material regardless of whose notes you integrate into said rewritten material. You don't want to write for free AND not retain the rights to those rewrites.
        Don't agree to anything in writing, or in email until you know you fully understand, because if you do it's unfortunately a bell that cannot be unrung. I've done this without actually realizing it. 🙄

        I'm not a lawyer. These comments are based on my experience.
        Good luck and congratulations.
        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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        • #5
          Thank you for the help. Quick question: what’s the difference between a short form option and a long form option?

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          • #6
            Originally posted by finalact4 View Post
            A short form option might be a one sheet that just gives the producer the right to sell it for a specified period of time.
            But they sometimes start with an email that hits the big topics before they send an actual option.
            Be cautious, an email is considered an agreement and once you agree you can't renegotiate unless there is another leverage point later.[*]Short form option or long form (option/purchase agreement)?

            FA4
            To clear on the terms:

            Shopping Agreement: A one pager that gives the producer 6/12/18 months to shop the script to buyers. It says that you won't shop the script to other producers during this period as you give them the right to do so. No money changes hands, no script price negotiations are made at this time. In the one pager you and the producer agree to negotiate in good faith if a buyer wants it. So you can't suddenly demand a million dollars for your low budget indie script. Lawyers much prefer this, it's clean and easy and only one page to lawyer. And it's quick.

            Option:
            The first step, which I think is being referred to as the short form, is negotiating the major deal points - option price, option length, purchase price etc. This is the short form deal memo. This is usually done fairly quickly in an email. Once that is agreed, the deal is done even though you haven't signed anything. Now it goes to the lawyers who take this short form deal memo and turn that one page into twenty pages of legalese with lots of smaller deal points included. That can take months but the option started on the day everyone agreed to the short form.

            In summary - get an entertainment lawyer.

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            • #7
              Okay, I suggest you research this as I'm not a lawyer, just my experience working through contracts with my lawyer, so do your research and verify, verify, verify.

              There are more than one "kind" of what I refer to as a short form options, so I may have inadvertently conflated them. The WGA has Short Form Contracts that they use and which refer back to the WGA MBA and that allows them to be physically shorter documents.

              There are options that are "shorter in form" than a full blown option/purchase agreement that may omit some details. A complete option/purchase agreement ideally covers all aspects of your rights/entitlements as would be provided for under the WGA MBA. You don't have to be in the guild to expect similar rights. That's why it's good to have some idea of what those rights are even if you have to accept less than what a guild member could demand.

              Consider including language in your contract that stipulates you are to be referred to as a "professional writer under the WGA standards." This will protect you if your project falls under WGA jurisdiction/authority and protects your credit opportunity if you deserve it.

              The Short Form Option is a document that states the option in clear and simple terms that allows the party optioning the material to register it with the Copyright Office. It's their way of laying claim to limited rights to the material in question. If you want to see if material is already optioned you could search online copyright records. I think this would also show up in a Chain of Title search, so you want to be certain that somewhere in your contract it states that this is ONLY effective if/when the option is effective and the option fee has been paid in full on or by, a specific date.

              The Short Form Assignment (actual copyright transfer) which they may ask you to sign, if I remember correctly, states that they (the optioning party) own the copyright to the material. It states that YOU, the current copyright owner, are transferring your copyright to them. Your main contract should state that the Short Form Assignment does not take effect until and unless the purchase price is in full and state that it cannot be recorded until that time. If there isn't language in the main contract then you should only sign the short form assignment only when the option is exercised. Don't sign one of these if the date is missing, because they could, inadvertently or deliberately, add any date, file it and legally become the new copyright owners. Not easy or inexpensive to reverse. Cover your ass.

              You should also include in your Option Agreement that the option is not effective unless and until the option fee is paid in full and payment is received on or by a specific date; same for the extension. That way, if you never receive payment (yes, this happens) then you are able to legally option the material elsewhere.

              Long form contracts include everything in the contract for example: the Copyright (chain of title), option details, the option extension details, short form assignment, the purchase price and conditions, the rewrite fees, prequels, sequels, remakes, television, additional writing services, credit, reversion and reserved rights. Each of these will have headers (article numbers) and paragraphs therein with further details.They are exhausting.

              Final suggestion is to research this for yourself and don't take my word for it, I'm not a lawyer.

              Google is your friend.
              FA4
              Last edited by finalact4; 03-25-2023, 04:41 PM.
              "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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              • #8
                Does anyone know what an entertainment lawyer would cost for something like this? I’m guessing out of my budget but it can’t hurt to ask.

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                • #9
                  Depends. Entertainment lawyers work two ways-- 5% of whatever you sell or $$ per hour. You need an offer first. They'll explain your options before they look at anything. It costs you nothing to inquire. If you don't want to hire them for everything you write, then the hourly price might be fine.

                  If you secure an option for between $1,500 - $5,000 the price per hour can make sense. Up to you.
                  "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

                  Comment


                  • #10
                    Here are some examples of actual agreements and contracts in case you want to read some of them to see the language used, Acooljt:

                    https://www.donedealpro.com/members/...&section_id=13
                    Will
                    Done Deal Pro
                    www.donedealpro.com

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