Writer points on finished production?

[ConspiracyPenguin]

This is entirely negotiable, Nick. It's up to the parties involved (assuming we not talking WGA, here). It is a straight work for hire in this case. It's always nice to get a part of the picture but the producer in under no obligation to pony up points. In this case, he's paying up front (and upon completion) for something that may never actually get made. I guess I'm also figuring that this is a story the producer has come up with. Otherwise, it's really a spec script that is being "purchased" before writing starts. Points are going to depend a lot on the expertise and experience of the writer. Then again, on an indie production you're probably never going to see those points anyway...

Absolutely it is negotiable, you have to remember that in this sub-forum I post as a writer. :grin: It is all up to the two parties, but if it was the producer's idea (which it is my understanding it was) then that would knock the amount of points (if any) down. I would say an acceptable negotiation would be to put in a stipulation that if the film gets made and surpasses a certain profit margine, the writer should get a small fraction of that. It is only fair if, for example, a writer gets 9K for a script that eventually becomes a $100 Million grossing film (highly unlikely for this case, I am sure, but hear me out for the sake of argument) he gets some of the earnings.

I agree with what's been said here and would like to add that I would be happy to take 9K if someone wants me to write a script. In fact, I'm in such a good mood (what with he screening being in less than 24 hours) that I would very likely sign off to never get any points at all.

 

[David W. Richardson]

Absolutely it is negotiable, you have to remember that in this sub-forum I post as a writer. :grin: It is all up to the two parties, but if it was the producer's idea (which it is my understanding it was) then that would knock the amount of points (if any) down. I would say an acceptable negotiation would be to put in a stipulation that if the film gets made and surpasses a certain profit margine, the writer should get a small fraction of that. It is only fair if, for example, a writer gets 9K for a script that eventually becomes a $100 Million grossing film (highly unlikely for this case, I am sure, but hear me out for the sake of argument) he gets some of the earnings.

I agree with what's been said here and would like to add that I would be happy to take 9K if someone wants me to write a script. In fact, I'm in such a good mood (what with he screening being in less than 24 hours) that I would very likely sign off to never get any points at all.

But keep in mind that the profit from that $100 million box office is likely going to the distributor, not the producer.

If that writer expects to get 15% of the profits, then how much does he think the other vital folks -- actors, director, DP, sound, gaffer, etc., etc. -- are supposed to get???

 

[ConspiracyPenguin]

But keep in mind that the profit from that $100 million box office is likely going to the distributor, not the producer.

If that writer expects to get 15% of the profits, then how much does he think the other vital folks -- actors, director, DP, sound, gaffer, etc., etc. -- are supposed to get???

Oh, no, I was not saying the writer should get 15%. That is steeper than any slope I can imagine. I was just saying points in genereal (whether it be 1% or what) should be given to the writer if the film becomes a major grossing hit and the only compensation he had prior was a few grand.

Producers, director, etc are raking in hundreds of thousands + and the writer takes away 9k? The scales wouldn't be fairly balanced in that situation.

 

[David W. Richardson]

Oh, no, I was not saying the writer should get 15%. That is steeper than any slope I can imagine. I was just saying points in genereal (whether it be 1% or what) should be given to the writer if the film becomes a major grossing hit and the only compensation he had prior was a few grand.

Producers, director, etc are raking in hundreds of thousands + and the writer takes away 9k? The scales wouldn't be fairly balanced in that situation.

No no, that second paragraph wasn't directed at you -- it was directed at the original poster. I just can't imagine a writer even thinking he should get 15% of the profits.

If the movie does become a major grossing hit, that doesn't necessarily mean the producers will reap huge rewards. If they sold the movie outright to the distributor, then they won't see a dime of those profits -- it will all go to the distributor. If they had a deal which gave them a cut of the profits, then they'd fare better of course.

Bottom line, I think, is that it's not relevant whether the movie makes tons of money -- it's relevant whether the producers make tons of money. A points deal will, indeed, help the writer share in some of that wealth. But keep in mind that generally it's the producers who do the most work and take the most risk. They are there at the very inception of the idea of the project. It is their vision which guides the project throughout. They're there for script development, pre-pro, production, post production, and distribution/marketing. They carry a heavy burden, and a large part of the success or failure of any film rests squarely on their shoulders. They are, in my opinion, deserving of the lion's share of any profits. They and the investors.

Then again, keep in mind that in addition to being a writer, I'm also a producer.

 

[David W. Richardson]

Also, the director is only 'raking in hundreds of thousands' if HE (or she) has points as a part of the contract. Otherwise, the director is making straight salary just like anybody else.