Screenwriting : What does anyone know about this? by Dwayne Pagnotto

Usually when a company purchases the script, it involves everything. What you will have in your contract is payment for the licensing and merchandising, as well as sequel credit / compensation, TV spin offs credit / compensation.

You would need to negotiate profit participation, including merchandising. As always, hire an attorney.

Unfortunately, the screenplay App Sophocles was instrumental in helping you work out these details. Nowadays, as a Writer, you should keep a Merchandise Bible along with your Script and provide these details to the Buyer. After that, it's out of your hands and everything will be handled in the Negotiations Phase.

Thanks a lot Lindbergh. I guess i'm just better off just hiring an agent and letting them handle it. Because i am sort of weak when it comes to negotiations and such, and they're liable to give me less than what the script is actually worth...lol. Be well.

Thanks for that Jack, and truthfully i had thought as much, but just wanted to check and be sure. Appreciate that my friend.

Thank you Miquiel. I'll be sure to remember that little tidbit and keep one with me when and if i ever do sell the rights to this thing. I'm grateful for yer advice my friend.

Anytime and keep writing .... with consistency!!!!

you could add that possibility in the pitch to push the interest. but any rights would be discussed in the contract.

I don't recommend acting as your own agent. You'll probably get what you pay for, if you know what I mean. Also, don't sell/option your script to a non-signatory company. Non-union companies are non-union because they don't want to pay people what they are worth. They WILL take advantage of you, one way or another.

Under a WGA contract you have rights to a percentage of merchandising, though any contract can be changed to give you more than the MBA (minimum basic agreement). For instance, George Lucas negotiated Star Wars merchandising rights from Fox because they wanted a sequel to the hit movie.

https://deadline.com/2015/12/star-wars-franchise-george-lucas-historic-r...

But the writer MUST "physically describe the object or thing being merchandised." There's the famous case from the writer of ET who described the alien in the screenplay, so she got merchandising $, not bad from one of the highest grossing films of all time/most successful merchandising campaigns of all time.

https://variety.com/1982/film/news/e-t-to-make-millions-in-merchandise-a...

More info from WGA site:

"Merchandising: The right to merchandise is owned by the Company, and if the Company manufactures and sells an object or thing which is first fully described in the writer's literary material, and by such description such material is unique and original, then the writer must be paid 5% of the monies paid by the manufacturer for such merchandise. (Article 1.B.8.) Therefore, the writer's literary material must physically describe the object or thing being merchandised. For example, if the writer describes a particular kind of communication device in the script with specific physical attributes and if the final product substantially follows that description, the writer may be entitled to money for the sales of the object. The writer may, of course, negotiate for payments for the use of particular characters or objects."

Wowee! What a wealth of information. Thanks so much Josh. This is exactly what i needed to see, in order to know exactly what i'm getting myself into. Thanks a lot for that my man. Mucho gracias.

Okay, thanks so much for that advice Maria. I am highly grateful. Take care.

Screenwriter Terry Rossio publicly talked about how and his co-writer of Pirates Of the Carribbean movies got 0 merchandise money, and the duo have/had the best agents and lawyers.

No idea how a newbie screenwriter gonna get compensated fairly (whatever fair means in money) against corporations. Maybe you can speak privately to the Duffer bros (Stranger Things) and ask; if there is actual money on the table, not spec merchandise potential,, not "cart before horse" screenwriting ideas. GL!

Valuable info from Jack Binder and Joshua Keller Katz here. Spot on.

It is a simple copyright issue. When they purchase the rights it is in the entirety. If you want shares in things you’ll have to ask.

Adding to what Joshua Keller Katz said, I think Chucky vs. Child's Play fell under this too. The lesson is to describe your signature creation well.

I agree Rich. Valuable info from those two.

Thanks Craig and Greg, i also sensed as much about what you too mentioned. Just wanted to reconfirm it with others. Thanks again.Good looking out.

Thanks for that great advice Dan. I will definitely keep it in mind.

At the end of the day, both parties have a degree of leverage they are trying to exploit. Typically, backend comes at the cost of frontend and vice-versa. If you want more participation, they are often going to want less upfront commitment.

We're long past the days of Star Wars and ET, when prodcos hadn't full realised the potential value of merch. I can't see many competent organisations giving up those rights (beyond that of a union MBA) unless the writer was in a very strong position - like, bidding war strong.

Conversations like this always feel like buying a lottery ticket and worrying about what tyres you should fit on a Ferrari. If you don't know, you probably don't need to know, and help will be there should the situation arise.

Couldn't disagree more with the comment about non-union companies, personally. Build you career as you see fit.

Thank you CJ. Very interesting information, that i know will come in handy at some point. I appreciate your contribution good sir. Naturally i am more worried about Frontend than Backend. But if it's available and within the realm of speculation and negotiation, then i wanna make sure i got all my i's dotted, and t's crossed before going in there so i do not look like I just got off the farm....lol. Thanks again sir. Be well.

I like where your heads at Dwayne Pagnotto. Studios love making money at the box office, but what they love more is a strong passive income stream via merchandising! All the money with 1/10th of the work!

Well, thanks very much for that sir. I am indeed highly honored to receive such words from a man of your caliber. And what yer telling me is good to hear, because this movie is going to be iconic, and i know it will not just settle for remaining in movie theaters....lol.

I am basically just starting out in the realm of screenwriting, and am now in the process of developing my portfolio. To date, I have one Television Pilot, called The Magic of Jingles, which is in a contest now on another site. A second episode to go along with the pilot. A series bible that develops the pilot more fully, including ten other episodes that brings the show to the season finale.

I also have a game show that i have created called Romancing New York. Plus i have written a new Episode for the TV show Seinfeld, which is probably my favorite TV series of all time.

And last, but certainly not least, is the movie i mentioned, my life's work, the actual screenplay that i was asking the question about. A swashbuckling action-adventure epic called, "The Dead Sea King."

As good as it is, it clocks in at about 300 pages. And although i have tried and am trying now to shave it down, it's extremely hard for me to do so, without removing some key elements which go a long way towards making the movie be all it can possibly be.

But of course no one will touch it until then, and so i am stuck trying to do something with it, which i know eventually, I will....lol.

But thanks again for yer lovely comments sir, and the encouragement. It definitely helps.

Be well.