After Option Runs Out

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  • After Option Runs Out

    Hi all.

    I am wondering if this is even a possibility since I am nearing the end of an option agreement.

    When the option on your script runs out and the producer now owns the rewrite, if he were to get funding later on does he still have to pay you for the script? Or can they get away with not paying you since the option and purchase agreement have expired?

    Appreciate any input!

  • #2
    Re: After Option Runs Out

    why would they own anything at the end of a mere option period? option implies they were just "renting" it from the writer for a specific term to try and shop it around or set it up with an actual buyer

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    • #3
      Re: After Option Runs Out

      I read on some other posts on DDP that in some cases producers claim the new rewritten script as theirs because they gave ideas for the script. Maybe this was wrong info - I hope so since this producer gave a lot of notes to be included in the finished script.

      So, in your opinion, a producer cannot lay claim to the rewritten script after the option expires?

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      • #4
        Re: After Option Runs Out

        You stated that when the option on your script runs out, the producer owns the rewrite (which does put you in a weird position if he finds funding) That doesn't sound good - if the option expired, the contract should have reverted all rights back to you, not be given them to him. Best case, you can go back and pitch your original draft around town, but that could still end up getting muddied by the producer. I'd hesitate to suggest anything other than consult an entertainment attorney given the very odd nature of the way this seems to be worded. It all hangs on the language in the contract, even if it's an option.

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        • #5
          Re: After Option Runs Out

          The producer may try to pursue a claim based on their creative contributions to the script, but it wouldn't be for anything more than their producer fee, and that would be the extent of their claim. In no case would the producer outright own the script, short of the producer purchasing it.

          Whether or not the producer can make a claim to contributions made in development depends on the language in the contract. But even if there was no language in the contract clarifying that all rights revert to the writer once the option expires, I've heard entertainment lawyers say different things about whether or not such claims will hold up in court. In other words, even if the producer tried to fight for their credit/fee, there is no guarantee they would win.

          I've heard multiple stories from writers where a manager had given notes on a script while repping a writer, the script didn't sell and the writer landed new representation, then sold the script through different reps. The first manager tried to pursue a claim to contributions made in development, but the writers used their lawyers to shut down the managers before it ever went to litigation. Just anecdotal evidence, but evidence nonetheless.

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          • #6
            Re: After Option Runs Out

            If he paid for the rewrites he 100% owns them regardless of the option on the underlying material expiring. But he only owns the rewritten elements, not the underlying script, so he can't just sell the rewrite.

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            • #7
              Re: After Option Runs Out

              The producer has not paid me for any rewrites so I feel good in assuming he cannot own it after the option runs out and therefore cannot sell it without my being paid.

              Thanks for all the replies, they have been very helpful to me.

              Best, Liverbird!

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