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Usenet Posted 17 years ago
Screenwriting

Writer's Agreement vs. Option

I'm being commissioned to make revisions to a script written on spec, by me, to which I own the underlying rights. Under the terms of the agreement I get a modest upfront fee, plus 2.5% of the estimated $4m budget should the film get made, and 5% of the contracting company's net profit.
Here's the hang-up: By agreeing to this, I surrender film rights to the original draft through perpetuity regardless of whether the thing gets made. Anybody ever encounter a situation like this? Wouldn't an Option Agreement be more appropriate, after which I could be commissioned to make revisions?
  

Top answer

[nq:1]I'm being commissioned to make revisions to a script written on spec, by me, to which I own the underlying ... a situation like this? [/nq] Where are you located?

  • [nq:1]I'm being commissioned to make revisions to a script written on spec, by me, to which I own the underlying ...
  • a situation like this?
  • [/nq] Where are you located?
  • Is this kosher under the collective agreement with the writers guild that's in force where you are?
  • I'm thinking you need to talk to a lawyer who specializes in this kind of thing.
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5 Answers
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[nq:1]I'm being commissioned to make revisions to a script written on spec, by me, to which I own the underlying ... a situation like this? Wouldn't an Option Agreement be more appropriate, after which I could be commissioned to make revisions?[/nq]
Where are you located? Is this kosher under the collective agreement with the writers guild that's in force where you are?

I'm thinking y
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[nq:2]I'm being commissioned to make revisions to a script written on spec, by me, to which I own the underlying rights.  Under the terms of the agreement I get a modest upfront fee, plus 2.5% of the estimated $4m budget should the film get made, and 5% of the contracting company's net profit. Here's the hang-up:  By agreeing to this, I surrender film rights to the original draft through perpetuit
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[nq:1]I'm in Detroit, and not yet a WGA member. The contracting company is in the UK, where the film would be produced.[/nq]
Time for a lawyer if you ask me.

"If you can, tell me something happy."
- Marybones
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[nq:2]I'm in Detroit, and not yet a WGA member. The contracting company is in the UK, where the film would be produced.[/nq]
[nq:1]Time for a lawyer if you ask me.[/nq]
Sure sounds like it.
I have a hard time believing that anyone needs to surrender underlying rights in perpetuity in any country. Maybe the contract is just one of those stake-in-the-ground things that only people
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[nq:1]I'm being commissioned to make revisions to a script written on spec, by me, to which I own the underlying rights.  Under the terms of the agreement I get a modest upfront fee, plus 2.5% of the estimated $4m budget should the film get made, and 5% of the contracting company's net profit. Here's the hang-up:  By agreeing to this, I surrender film rights to the original draft through perpetuit

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