acquiring film rights for short story- how much to offer?

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pccross

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I had been looking for some ideas for a 10-15 minute short I could enter into some of the various film fests. As it turns out, I read a terrific short story included in an anthology book I got at Barnes & Noble, and believe it will make an incredible short film.
I proceeded to contact the author of the short story to find out whether the film rights would be available to option. He responded that indeed they were, and to make him an offer.
So my question is, what makes sense as an offer amount? This writer, while not extremely well known, has still established himself in the genre, and had several dozen works published in magazines and anthology books over the last 25 years.

Given that shorts are not really a revenue generating device, does anyone think it would be insulting to offer something like $250 + some percentage of any prize winnings the short might garner at film festivals it appears at? If this sort of offer is inappropriate, does anyone else have experience for what is fair and reasonable for this type of rights acquisition transaction?
 
You don't offer; you inquire.

Contact the publisher and ask them for the rights (explaining your intent)
 
It's generally a little more complicated than just offering $250 plus points, follow Johns advice.

You may make a winner.
 
pccross said:
what makes sense as an offer amount?
Click to expand...

That's a difficult question to answer without knowing precisely who this author is and/or what story you are after. (I'm not asking you to divulge that info -- just saying).
 
Offer the $250 + something on the backend (+ credit to the publisher). If that's not acceptable, they'll counter. I got a magazine article that way - and they didn't counter.
 
Do the above.

Or, if the author seems like a nice person...explain the situation and maybe do something along the lines of that $250 for the festival/contest rights, with a bigger amount if it goes anywhere (or someone dumps a coupla mil on you to make a feature-length version).

But even going through the publisher/agent (which is most likely required, since the author's contract with the publisher probably contains those rights), try to get the same kind of deal. In writing.

After all, how sad would it be to get the limited rights, then have to go back in and renegotiate the big money rights if they know some deep pockets are in view?

Well, sad for you, happy for them. :)
 
Give me $50 and I'll write you a short story. What do you want in it? Squirrels? Cowboys? Squirrels killing cowboys? For $10 extra I'll make it good.

Seriously, make an inquiry (like John said). You might get lucky!
 
I don't know, I thought usually the publisher would give a price.

$250 seems like a joke, I mean a writer that has been writing for 25 years, and has recognition but again who knows.
 
People will surprise you sometimes.

I had someone say "cool. let me see it when it's done." about a derivative work. (Not a story, a song, though.)

And Stephen King still charges a dollar, yes? For "student" films, anyway.

But J.D. Salinger won't give permission at all for Catcher In The Rye. To anyone. For any price.

That the author wote back and indicated it was possible...that's a good sign. But I hate "make me an offer" crap. What? He thinks it's ebay? ;^)
 
I really appreciate folk's input to this. Brought up some points I hadn't thought about before. For perspective, the short story was originally published in 1980 in a magazine I don't think exists anymore. It has been subsequently re-published in a few anthology books since (most recently 1983 in a 'Barnes and Noble Press' collection).

The author's original request to my inquiry looked like this:


"Sure,
It sounds good to me. I should let you know that it was made into a short
film once before, in 2000, by a student at the <X> Community College
film program in <X>. The student, <X>, used it for his
senior project. The only circulation it received, however, was an
appearance at <X>, a small <X> film festival, a couple of
showings in <X>, and a subsequent TV appearance on <X>, a local PBS show there. I gave him one-time, non-exclusive rights
for his student film, so film rights are still free and clear.

If you're still interested, make me an offer (I'd also want a DVD or VHS
copy), send me something to sign, and as long as it's just for film rights,
and I can still reprint the original short story in fiction anthologies,
etc., there should be no problem."

Similar to GenJerDan's opinion, I kinda got the feeling his input was 'Cool' just let me see it when it's done, and everything else is gravy.
I'll do some more research on the publisher's rights though.
 
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