Someone wants my script! Now what?

M

mrWr0ng

Well-known member
I put one of my screenplays up on inktip a while ago, something I never planned on making, but it had won an award for comedy. It got some interest from a guy and we've been talking, he read the full script and loved it, so he's going to start looking for crew.

So, what do I do next? The guy works for a pretty big production house but this is his own thing, he's working in finance. So, I'm not going into this expecting a budget or anything - it's a short, written with a pretty sparse number of sets, but is also positioned that it could be a series if it got interest.

It's a throwaway script to me, the first one I ever wrote, so I wouldn't be out really if there was drama over it, but I'd like to know the best way to proceed. I'd like to see it made, if nothing else to get something out there, plus he could get other scripts of mine to the people who could make something big.

So what's next?
 
Keep it simple

Keep it simple

First and foremost you want the writting credits. Opens doors for future work.

Avoid lawyers when at all possible. Wait 'till you have a major project with attachments to go that route.

Congrats.

a
 
That's kind of my take on it - I want the writing credit of course, and I'm willing to do some rewrites on stuff to tighten things up. He says he's pretty happy with it overall and I can't find much to change off the bat but I want to make sure it's great.

But overall I want the chance to get the major projects, so I figure if I can do whatever it takes to get this made, then my foot's in the door somewhere and it will probably hit a few festivals or something. It's positioned well.

Just not sure what direction to go in. I haven't talked to him for a few days, I've been on vacation, working shooting music videos and failing at finding any time to write. But I want to figure out how to broach getting something in writing so that I can feel secure that I'll get what I need to advance from this. Money's not so important and I'm willing to overlook a paycheck if it gets made, though I obviously don't want to throw that card in right away.
 
I'd suggest reconsidering about the money. turning it into a freebie might demean you in this guy's eyes. Keeping everything on a professional paid level might advance your cause better.
and don't be surprised if you get caught in rewrite hell. He's saying he's satisfied "Today" with the script. Tomorrow he may decide it should be comedy or horror or whatever it currently isn't.
 
First off, disregard that whole, get and agent/lawyer thing. it's not necessary at this point. I've been down this route on a few occasions. This is what worked for me. Simply let him know what you want, i.e. credits, first re-writes, future whack at any feature, points (if applicable), etc. Then ask them to draft up a contract with your stipulations included. Usually they are more than cool about doing this. It takes that burden off your hand and these guys have a boiler plate ready I'm sure. Also, don't be a dik, no need to posture or act like a tough guy. Just be cool and respectful, and usually they will be the same. No one likes a demanding writer.

Remember, this is only for short-scripts, not features, that's a whole other ball game. Anyway, I went back and forth with the prodcos each time until we were both satisfied with the contract. They should be cool and flexible with you, I mean, they want to get it done as much as you do. Whatever you do, don't let them start pre-prod until you finalize this contract. Get this crap out of the way so you guys can have fun and make a movie.

If you'd like, go ahead and PM me when you have a final contract to be signed. I'll run it by my attorney for you, free of charge. I know how crazy it was when I did my first contract and would have loved someone to lend me a lawyer. He'll only give it a brief run through but he'll point out any glaring rip-offs you might want to re-visit.

Cool? Good luck!
 
Okay, that sounds great. Quick question, we talked last weekend where he said he was to start looking for DPs among people he works with. I've been too busy to call him and he hasn't called - the studio has a big movie coming out soon so I imagine he's pretty busy with that - should I send an email or call? I'm about to go shoot a music video so I don't have a lot of talking time but I want to check in and make sure the ball's still rolling. What's better in this situation, a call or an email?

And thanks a lot you guys, I'm excited. I was surprised to hear back about the one short I put up, so I'm definitely going to put up more and possibly a few features I don't plan on making myself once I get the money to advertise them.
 
Inktip is a great place, glad you found it. Ive had some solid luck over there and couldnt reccomend it more.

Back to your question. Just drop him an e-mail. If he dosent repond after a couple days then give him a ring. It's really just common sense, dont blow his phone up, just drop him an e-mail every once and a while to 'check-in'. There's nothing wrong with that. But rest assured, these guys are busy and it only adds to the frustration when you have a writer calling every day, so kick back and enjoy the ride.

However, do not let them take advantage of you, especially if there's no contract. Stay on top of him till you both sign the dotted line. There's a big difference here, between pre and post contract. Get that contract signed!!! Then you can lay off.

Also, a red flag should go up if you keep trying to contact him and he never responds. You should be his priority at this stage, I mean, he dosent own the script yet. If he's being a flake and not giving you the needed time to discuss the contract then you may want to reconsder working with him. There could be trouble down the road. But give him some time and stay patient.

Good luck!
 
Thanks a lot! I'm trying to finish a light rewrite - mostly reworking the dialogue since it was a first draft and a lot of the dialogue was concept-based instead of conversation-based. I really hate when, in films, the dialogue is based more on the knowledge that the audience is supposed to get from the talk rather than letting the conversation take a natural flow (my girl and I watched Munich on Wednesday and that annoyed me so much). So I'm just tidying it up a little bit. I'll finish that, then drop him a line hopefully on Monday.
 
Nothing's set yet. We talked and I wanted to work on a light rewrite as I hadn't even looked at it in 2 years. He basically told me he was interested, read it and loved it and wanted to go on to the next step. That's where we are now, I just finished the light rewrite so I'm going to get ahold of him and see how it's going on his end and what's next.
 
Well before you sell your craft again for $0, IMO, I would push this producer into an option (more likely [$]) or purchase of the script. [% & $]

It's different when a producer screws a writer on % and $, but when a writer does it to himself/herself, then that's shame on the writer.

EJ
 
EJ Pennypacker said:
Well before you sell your craft again for $0, IMO, I would push this producer into an option (more likely [$]) or purchase of the script. [% & $]

It's different when a producer screws a writer on % and $, but when a writer does it to himself/herself, then that's shame on the writer.

EJ
Click to expand...

The above...

Okay why is he looking for a dp... I would think unless his money comes from someone other than the studio... the studio is going to want to read the script... before he hires a crew...

I'll check with a writer friend and see what the % is... of course the old saying the writer gets screwed is true in many ways...

You can push for back end points... can't think of the name of the writer of Forrest Gump... said he had back end points... but Paramount told him that the film didn't make any money... get your money up front...

Let's say its 2.5% of the budget for your writing fee... then I would ask for 10% of that 2.5% in your option agreement...

I wouldn't do any rewrites until he gives you the option...

I would ask for rewrites and credit... just becareful because if a WGA writer gets on board to do rewrites... I believe that my writer friend says the guild will push for their member's name to be the writer of the project if he changes your script up to 50%...

Its your call but if you don't push for an opition... he'll take the project to the studio... and if they pass you spent time on rewrites, etc. and never got paid...
 
Yeah, carrying the torch forward from the above poster, I would certainly think along the lines that if one producer liked your script, then another will too.

And that 'other' producer could very well have the $$$ to do something serious with it.

EJ
 
I wouldn't involve a lawyer or wga. I have some experience with this but I'm not you. Your script should be copyrightten. If I had an option on your script I wouldn't give you anything unless I knew I could get some monies to do something with it. As for what that would be, there are a thousand factors. Add to that, it's not your business what the budget is unless I'm trying to pay you very little or nothing. Anyone who tells you their budget and says it's the truth is lying.

Take it easy and talk things out and then if you are in a small town buy 'From Reel to Deal' if you're in a big town that makes films, try to meet some other screenwriters and get their take on it. If you've never had a film made from your scripts, then this is a good thing. If it's great, you'll do well for yourself. I can only talk from the perspective as a producer and it is a buyers market.
 
Even if you get a zero-up-front option, get an option agreement. If this producer is hiring crew, he should hire you.

Insist on an option agreement. On a zero-up-front or defrayed / points option, you should include language where...
  • WRITTEN BY - you (and your writing partner, if applicable) receive exclusive "Written by" card / credit
  • REWRITES - first right at re-writes
  • POINTS - if there's no consideration up front, what is your interest in the project? You should be compensated in cash, points or a combination of both
  • DERIVATIVE and ANCILLARY - if you're "gifting" the short to him, you should protect your future interest in the property. Even if you grant him free use for the short, you must not surrender your right to share in derivative works that might spin-off of your concept. Will you be free to sell the concept to another party (e.g., feature-film, based on a short story / concept)?
Don't get screwed on this deal - he's not your friend or family. Be humble, approachable and cooperative. At the same time, treat it like business and you'll have a much better experience in the end.

e
 
His company was releasing a film which came out recently, so he was pretty busy up until it came out. However, he said it's out now and he took some time off work coming up at which he'll devote to it. So we're about to start talking about seriously - sof ar it's all been "I'm really interested in this."
 
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