I am sorry, my apology to MWSM

Question

I am sorry. I apologize to everyone on this group whom I've offended.

And that thing called karma just bit me on the ass.

I was so happy to have somebody validate my work as a writer that I kinda' blindly signed with Gallagher Literary. I barely read the contract. When I saw ten percent I assumed I was getting a deal because most managers charge fifteen percent. I didn't read what it actually meant.
Now he owns ten percent of my screenplay and I owe him re-writes if I ever hope to get him to send it out and hope for sale.

And if I walk away from this agency he still owns ten percent of my screenplay. Tick Gallagher now is latched on to my life blood, sucking ten percent off for infinity.
Does anybody know of anyway I could get out of this contract?

Maybe I should just tell him to shove off. Burn the screenplay.

But more importantly I do apologize to the group. They stood by me when I asked my stupid questions, and all I did was turn on them.

I apologize and ask the group's forgiveness.
I'm sorry.
Scott Drake

Usenet · Accepted Answer

[nq:1]I am sorry. I apologize to everyone on this group whom I've offended.[/nq]
You're having loads of fun, aren't you?

Usenet · Answer

[nq:1]I am sorry. I apologize to everyone on this group whom I've offended. And that thing called karma just bit ... my stupid questions, and all I did was turn on them. I apologize and ask the group's forgiveness. I'm sorry.[/nq]
Fool us once, shame on you. Fool us twice, shame on us.

Luc Besson doesn't look so bad now, I'll bet...
jaybee

Usenet · Answer

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[nq:1]I am sorry. I apologize to everyone on this group whom I've offended. And that thing called karma just bit ... and I owe him re-writes if I ever hope to get him to send it out and hope for sale.[/nq]
Am I reading this right? You are claiming the contact you signed gives the agency 10% ownership of the script itself? I don't believe it. I want to see this contract. Redact personal information if you wish, but I refuse to believe it until I see it.
Paul William Tenny
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Usenet · Answer

[nq:1]I am sorry. I apologize to everyone on this group whom I've offended. And that thing called karma just bit ... questions, and all I did was turn on them. I apologize and ask the group's forgiveness. I'm sorry. Scott Drake[/nq]
Scott, you've done so much dancing and posturing that I'm not sure whether this is just a new version. Cry wolf to often and people doubt you. Nevertheless...
No. The agent does NOT "own" ten percent of your script unless:
1. He sells it.
2. Someone else sells it to someone he has pitched it to first.

Point two is the one you seem to be up in arms over. The easy way around it is to insist that he notify you in writing of everyone he shows it to or pitches it to. This is commonly called a paper trail. It protects you from having him jump up and insist he's shown the script to just anyone a subsequent agent sells it to.
Now, I don't know anything at all about this agent, but why are you so distressed over an agent any agent! getting 10%? The real value of a literary agent comes at the negotiating table when he negotiates the sales contract for a script. An agent can't close a sale without your approval. So if you're an informed writer, and you have an agent who works well with you, what's the problem? If you can't work well with this agent, what's the problem? Can you fix it by talking it through?You really need to grow up if you truly want to be "a writer." Being a writer has to do with who you are, how you think, and what you do with it. Having an agent won't make you any more of a writer, but it is a critical avenue to making a sale if screenwriting is what you want to do. All of this "Ha ha, I've got an agent" stuff from you make me think of a few "screenwriters" I knew years ago.

The ONLY reason they wanted an agent was so that they had someone to blame for their work not selling when they got together for coffee of a morning at Farmer's Market. Never occurred to them that maybe their writing wasn't all that marketable and that their agent was the guy with the short end of the stick.
Hope the apology is sincere.
Caroline

Usenet · Answer

Oh, btw:
In most states, and I'm assuming California, in order for there to be a contract there has to be some means of gauging performance both ways. If in the terms he has promised nothing that can be shown to happen, and you've promised a completed screenplay, then there's no contract, and with a little litigation you can get it nullified.

Then you'll own your script outright again and he'll have no claim at all.
In fact, you could take the risk of waiting until he makes a claim against you before you bother to have it nullified. But you should probably throw a few Benjamins at a lawyer to confirm that as the right course of action. Because IANAL.
Blair
"I am, however, a Boston Legal fan, and how
freaking hot is Parker Posey?"

Usenet · Answer

Subject: Re: I am sorry, my apology to MWSM
Newsgroups: BROUGHCUT:misc.writing.screenplays.moderated To: "Otto Mation (Caroline Freisen)" (Email Removed)
[nq:2]I am sorry. I apologize to everyone on this group ... apologize and ask the group's forgiveness. I'm sorry. Scott Drake[/nq]
[nq:1]Scott, you've done so much dancing and posturing that I'm not sure whether this is just a new version. Cry wolf to often and people doubt you. Nevertheless... No. The agent does NOT "own" ten percent of your script unless:[/nq]
unless it's Rob Gallagher. If I remember corretly, his (likely unenforcable) management contract does in fact try to lay claim to 10% of the script,

Usenet · Answer

[nq:1]Now he owns ten percent of my screenplay and I owe him re-writes if I ever hope to get him to send it out and hope for sale.[/nq]
Ouch. You should have seen that option deal I recently rejected; making hygienic tissue or maybe a mouse-nest out of that paper would have been a more worthy use of it.

Usenet · Answer

[nq:1]snip I was so happy to have somebody validate my work as a writer that I kinda' blindly signed with Gallagher Literary. I barely read the contract. snip[/nq]
Hmmmm...Is the info at this link up-to-date?
http://www.variety.com/index.asp?layout=studiosystems&ss view=s s person&participant id=706693

I am sorry, my apology to MWSM

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