Ack! Twitterpated! Opportunity frightens me!

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Hey all,So, the rights to a famous novel by a long-dead writer ARE available. I'm terrified to start the negotiations. I ain't scared of nothin' but this terrifies me.So, others who have done this, pursued an option on a piece of fiction to develop a screenplay from, can you give advice? Were you asked for samples? Was it all about the bling? Did you get a year? Two years? Did they want you to do the draft first?ack, I'm going blind with fright. Why did I start this?Mysti

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[nq:1]So, others who have done this, pursued an option on a piece offiction to develop a screenplay from, can you ... it all about the bling? Did you get a year? Two years?Did they want you to do the draft first?[/nq]
I'm in the UK, so my experience might not be relevant, but having said that:
There was no suggestion of my writing anything (other than the cheque) before being granted the option; the period involved was one year; the contract stipulated very little, but there was a clause about the wording of credits on the finished film; my agent successfully negotiated a (fairly large) reduction in the fee requested.

Oh - and I never sold the screenplay.
Bert
http://www.bertcoules.co.uk

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[nq:1]Hey all, So, the rights to a famous novel by a long-dead writer ARE available. I'm terrified to start the ... they want you to do the draft first? ack, I'm going blind with fright. Why did I start this? Mysti[/nq]
I have no relevant experience, so you know what this advice is worth...

Having said that, I imagine you might want to have a practiced pitch ready with your take on the work in question and with ideas for the adaptation. (Assuming the rights holders are interested in anything but the money...)

I'm sure you'll do fine. Good luck!
-ksharp
-ksharp

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[nq:1]Hey all, So, the rights to a famous novel by a long-dead writer ARE available. I'm terrified to start the ... they want you to do the draft first? ack, I'm going blind with fright. Why did I start this? Mysti[/nq]
First advice and only advice get yourself an entertainment attorney to negotiate this deal.
Optioning a property means that you are moving out of the realm of being merely a screenwriting. Your are, like it or not, becoming a writer/producer. You will not simply be going out trying to sell your own stuff, or your abilities as a writer but trying to set up a property to which you have acquired the writes in addition to your take on the material.
That makes you a producer. And that means dealing with the business stuff something that you are almost certainly not ready to do yourself.
If you can't afford one, take my Standard Advice see if your state has a local chapter of a Volunteer Counsel for the Arts where attorneys provide inexpensive legal services to members of the arts community.
Whatever you do, don't go into this blind which means don't go into this and attempt to negotiate this contract on your own. You may, in all innocence, agree to something which may seem trivial to you (like a guaranteed credit), but when you turn around and try to sell it, renders the project unsaleable because the terms to which you've agreed may be something that a studio may simply be contractually unable to agree to.
By hook or by crook, get yourself an entertainment attorney and then take the advice that you've paid him to give you.
NMS

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California Lawyers for the Arts - with offices in San Francisco and Santa Monica:
http://www.calawyersforthearts.org/index.html

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neal and ken, many thanks! Excellent advice and refs, much appreciated!

Mysti

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[nq:1]So, the rights to a famous novel by a long-dead writer ARE available. I'm terrified to start the negotiations. I ... Did they want you to do the draft first? ack, I'm going blind with fright. Why did I start this?[/nq]
I haven't done it myself, but when my wife tried her hand at the producer thing a while back, she optioned and ran with a coupleof novels. Either because she had a premonition about the good advice Neal was going to give in MWSM on 3/15/05, or because she's pretty clever herself, she used an entertainment attorney to draw up the formal deals... but as I recall, she worked out the broad terms with the rights holders before she hired one.
Now, she wasn't dealing with famous novels, but yours is an oldie, so you still might be able to pick up an option for a fewgrand per year. (It's really important to include renewal rights, even at the handshake/deal memo stage.)
As far as writing samples go, I wouldn't provide one unless they insist upon it. If they're looking for someone with a perfect take (or pedigree), you're already up against it, so your tap dancing skills and powers of persauation will matter a lot more than any writing sample.
As Neal said, they're ultimately making a deal with a producer, not a writer. Producers often acquire rights, then hire writers. For all they need to know, that could be what you're planning. Of course, this is where the dancing comes in, because your initial step here is a "first date" with the rights holder, when you'll both be trying to figure out what the other one is after.

I'm terrible at deals, dancing, and dates, so I can't offer many words of wisdom about this part. But it does strike me that you'll want to avoid declaring your love for this thing until you've figured out how much your passion really matters to them. (After all,if you give the impression right off the bat that you've "got to have it," you'll have a tougher time negotiating the money.)
In any case, best of luck on this adventure!
Ken

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[nq:2]So, the rights to a famous novel by a long-dead ... I'm going blind with fright. Why did I start this?[/nq]
[nq:1]I haven't done it myself, but when my wife tried her hand at the producer thing a while back, she ... have it," you'll have a tougher time negotiating the money.) In any case, best of luck on this adventure! Ken[/nq]
ah yes, I do rather lead with my chin

Will try to keep the tone businesslike. Vapors have subsided, and I'm really grateful for everyone's indulgence and good advice!
Mysti

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[nq:1]Hey all, So, the rights to a famous novel by a long-dead writer ARE available. I'm terrified to start the negotiations. I ain't scared of nothin'but this terrifies me.[/nq]
This sounds like a big giant step that reeks of adventure! I think you are wonderfully brave and should proceed (with all your instruction books, climbing tools, lawyer, and supplies intact). Yay! (I've borrowed Paula's "Yay!" on more than one occasion.)

The best of luck to you.
Suzy

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Thanks Suzy! Even rumors of an imminent layoff at work have not dissuaded me. If I like the pages I write this weekend, (for me, just a proof of concept), I'm forging ahead

Mysti

Ack! Twitterpated! Opportunity frightens me!

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