Hey Stage 32ers! :)
About two years ago I came across a subject that would not let me go. I did my research, and gave it a little time before deciding I really wanted to direct a short film about it. I started writing synopsis’s and general ideas, wrote a one pager about ‘why’ a film had to be made about this topic and I contacted a producer who generally produces short films that have a certain social importance to them. A guy I trust. I wanted to do a short film + a campaign around the subject, to create awareness about the topic and start a discussion.
Brief sidenote: I should mention that I live in The Netherlands, and here you can’t really register your screenplay into a writers guild or something similar, let alone the fact that no matter where you live, ‘no one owns ideas’. I am very well aware of that.
Anyway, The producer loved my idea and we started to contact the organization that is involved in the topic I wanted to create a film about. They are experts on it and I came across them in the very beginning, they sort of introduced the topic to me. After that, I started to do actual research. Read dozens of books on the topic, talked to more organizations and experts on the matter such as police officers, detectives, victims, psychiatrists, etc. Took me about a year (of unpaid work!) which eventually formed a valid research document that would help us write the best possible screenplay.
But now, the producer I mentioned, has fused his company with a bigger company, that also produces movies. Bigger movies. A third party is now working with them as well; one of the biggest producers in The Netherlands.
Since then.. radio silence. None of my emails , calls and app messages are being answered and I am pretty sure that they are still working on the project, with my research and ideas. The last conversations were about that big shot producer who had taken a serious interest in my idea and the research. Instead of a short film with a campaign, they want to ao a feature length film.
Now, I know I won’t be allowed to direct a feature film of a certain magnitude (yet). And I am totally okay with that! I mainly do CamOp and DP work and my directing track record is not as big and it is mainly focussed on tv/online commercials and VR projects.
However, complete radio silence like this (for months now) is not exactly a nice way of letting me know about this.
Especially for all the hard work I’ve done… I at least would like to be involved in the rest of the research fase and thinking along creatively and/or work on it as CamOp or DP.
But no… Nothing…
Have any of you ever had something like this? Here, things work quite differently than in the US, for instance. A lot of it is trust based, without contracts until a certain point.
If any of you have advice for me on how to move forward, I’d love to hear it.
Kind regards,
Jaap
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Hey there!
Sorry to hear what happened there. No, never happened such a thing with me but if a prodcuer would be a friend of mine I would totally write a contract with him/her. No matter what. It's an unfortunate situation, and the amount of your work is huge. I am sure it is. The research is always a pain if you are doing it alone.
Is there anything what you can do about copywriting? Your draft or script/screenplay could be a way to prove that is your idea.
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Hi there, in my country we don't have writers guilt either. So my advice is: write an option agreement yourself with your condictions. For example, nothing can happens if you BOTH agree. (Including choosing the director, actors, etc.). If they tell u that they already have one standard agreement so u can't change or make amends bla bla bla, don't believe them, because a contract is always a dialogue between parties and every project is different, there aren't standards. It doesn't matter how friends u are, you could even be lovers, they are all sharks in the end...
PS: you don't need to add money % in the option yet, only a paper that actually says (your name -writer) so at least u get that clear, and then u give him the option as producer to seek finance and crew. If you send it from Netherlands, it will mean that it will go with the Netherlands law if something happens. Let me know if you need any other advice. :)
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Do you have evidence they're working on your project? Using your materials? If so, then a cease and desist order should garner a response.
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De Nederlandse filmindustie: een vijver vol met haaien en een paar vissen.
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In English. If you do not have a completed screenplay, you have zero rights. They dismissed you or lost interest in your project. I would simply start looking for an other producer.
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The Netherlands has copyright just like the U.S. and other countries. Guilds have no real legal standing in a court of law. But it sounds like there never was a fixed work here that would be protected under copyright, no tangible screenplay, only ideas. Plus no contracts or agreements in writing. Seems they have moved on and may or may not produce their own version.
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Get all production agreements in writing. I had a similar problem and thanks to the all the documents being in place I was supported by the local professional body of screen Directors and their legal department.
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Welcome to show bizness 101.
If you're around long enough, the folks who ghosted you will come back to your life.
Besides show bizness works in dog years. Lots of "hurry up and wait and wait and wait." My theory to that they're searching for suckers $$
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If they did move on with your stuff they wont sign any documents... So, forget my last advice, the best thing u can do right now is: first, write an email to him, like now! Specifically with all the details and research. That email will be your written document, as it has a date and your name on it. After that, start writing the screenplay. Even if it's not really good, you can improve it after. Buy the rights for the screenplay (in PT is around 60€)... the court will defend whoever has the early dated proof of that story/idea/project.
Finally, after u have the tv bible and script, go to pitching forums and pitch it, speak it out loud, so more people start matching the idea with the face. If someone says "I heard this before, this is mr X idea" u then come forward with showing all emails and copyright payment. No investor will invest in something that seems to belong to 2 different people, so they cannot do anything (u cannot either...) so if they really want it, they should reach u to come to an agreement. And then u finally write your terms.
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Here are a few resources for now and future. Get an Entertainment Lawyer. Stage32.com, Backstage.com, Rocketlawyer.com, Nolo.com and this company in the Netherlands maybe able to assist Indira-Group.com (Mention The ICC Group).
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Thanks a lot everyone!
I've made a list of all your comments and marked down the stuff that will be most useful. To reply some of you: I've tried calling them and emailing them, without reply. This aspect of filmmaking, where you have to swim with the sharks, if pretty new to me, but I'm sure in the end I'll get the hang of it (for the love of the moving image, I'll friggin' have to! :)).
Anyway, ever since that new big shot producer who-shall-not-be-named (for now?) communications have been to a stand still from their part, despite my efforts to connect and talk about the project.
I'll make work of the next steps, definitely not ruling out a lawyer at this point... Meeting a friend who's dealt with these kinds of problems before later today as well.
Thanks again everyone!
Your welcome! Create a checklist to stay focused. Checklist.com .
@Beth has a point. It sounds like there is no fixed document or script as such but the situation is pilfering of an idea you researched. Others are benefiting from your idea, to a certain point. It seems there is nothing in writing on either side. If you really care about this idea on an organic and visceral level write it down and copyright it. There is nothing stopping you. They might have the funds to produce your idea but will it be be successful in the long run? Probably not. An idea is an idea. It is how it's executed that counts. You are the artist. Copyright it tomorrow. ALSO in future trust no one. Also trawl your mobile phone history, there might be a text in there that can prove you discussed your idea with them. Mobile phones have been known in court to literally "hang" someone. LOL.