Screenwriting : Film Contract by Donell Jones

Do they want your soul as well? No way I'd give up anywhere near that amount. And if I'm the author, I'm not giving that up either. How are you to receive a credit if you're not credited as the author or writer? I'd suggest getting an entertainment lawyer to advise. Seems way over the top and quite dodgy, especially the bit about them handling expenses and being reimbursed by you (how does THAT happen if they're handling expenses?), but I stress I'm no expert.

David is right get a lawyer. They may cost a bit of cash but they are worth it. Some of them will even negotiate for you.

So this isn't a writing gig? It's you writing on spec and THEY sell the script you write? On a work for hire it is standard for the company to own the copyright. But they should pay the writer to write. From what you say here this is a bad deal. Not because of the copyright (fairly standard) but because you are not being paid to write. If they have a long track record of getting scripts sold then it might be a good (if unusual) way to get your foot in the door. 10% of a $100,000 deal is better than 100% of no deal. Once you have a screen credit and a sold screenplay doors open. I'm sure you have checked their track record. Do you believe they will sell the script you write for a fair price? Are they a company with a track record at all?

It's a one year writing agreement with a option to negotiate after the year is done.

Are they really going to sell the script and give you 10%? Are you sure they aren't asking you to write the script for 10% of the project they are gong to produce? Also if they are for real why aren't they just paying you to write the script instead of all this other BS?

Donell, The company will be reimbursed by the writer on a deferred basis only if the work sells....uh....what?

Can I send one of you guys a copy of the contract to read and tell me what you think?

Contracts with non-WGA writers are not my area of expertise. I don't feel comfortable commenting. What I will say is that "90% of sales" might refer to a net profit definition (i.e. once the film is released), rather than a screenplay purchase term. I guess my point is that this all sounds pretty unclear to me. In any case, good luck!!

Run. NEVER take a percentage of profits. Because most films make $0.00, and 10% of that is $0.00. About a decade ago I went to a panel of indie distribs, who agreed there were about 27,000 indie features made every year and only a few hundred got any form of distribution (including home video). Most are never seen by anyone. I'm guessing that's true, because I have a friend who crews on films and most never made it to DVD and a friend who used to run a film crewing company (and most of those films never got any form of release) and I also have a friend who has made 8 indie features and none of them got any form of release until he put them up on YouTube for free. So there are usually no profits at all. This is why if someone wants to hire you it needs to either be money up front (or you are doing it for love and a possible credit and understand that going in). Indies usually pay around 2.5% of the budget up front - but it can be as much as 5%. That is before any back end % based on profits (which tend to be in the same range). Oh, and you get credit for the screenplay if you did the writing. If this is a ghost writing deal (a writer hiring you rather than a producer hiring you), then it's pretty much the same... except you should be getting a majority of the sales money if you are doing a majority of the work. Either way - sounds bad to me.

A one year writing agreement. But you don't get paid. Am I understanding? You only get paid 10% of a sale IF this company manages to sell your script?

That basically sums it up Marcus, and it also seems like they can dip & dab into my 10% for production cost when they want too.

Donell. If that really is the deal then I would tell them to go find some other sucker.

Doesn't seem like a good deal to me. Doesn't even seem like a job. It seems as if they want a writer (writers) to write script for them and they will take almost all of the money. But there must be something attractive to you about this. What is it? You said you feel writing for them for free will jumpstart your career? I asked before (and didn't get an answer): does this company have a strong track record of making movies that get released? Or of selling the scripts other writer write for them?

I never said I wanted to write for free, of course I want to get paid. Mostly I've seen is shorts & web series nothing on the big screen

Just don't let this get you down too much, Donell. Don't let it affect your tomorrows - but certainly learn from your yesterdays. There are sharks swimming in every ocean, and the bull shark can even swim in lakes and rivers. Crikey - there's one in my bathtub right now! Learn your lessons; lick your wounds; come out smarter and stronger than before; don't become one of them; and keep the faith, bro - keep the faith. That's what continues to keep this world a better place.

Again, non-WGA deals are not my area of expertise, and I'm hesitant to even comment. To play devil's advocate, if this company offering Donell a deal (which sounds like a weird deal if anything) has a great track record and has helped launch the careers of other young writers, then it might be beneficial for a young writer to take a less than ideal deal on his first project, get the project made, get it into film festivals, etc. And then you're in a much stronger position for your 2nd deal. If this company has a poor track record, then I'd certainly factor that into my decision. We all have to build up our fees, and doing so is based on previous fee quotes. We all have to start from somewhere. If you have a bunch of offers coming in, then you'll pick the best one. If you have a fewer number of offers coming in, then weigh the whole landscape before making your decision. Is something better than nothing? Maybe, maybe not. I certainly don't have enough info to say, and again, I fully admit that non-WGA deals are not my area of expertise. So please do give more attention to advisers who work in the indie space and regularly see non-WGA deals. Best of luck!!!

A good Entertainment Lawyer, ex-screenwriter Greg Du Paul could review it. He did some work for me when I optioned a book, years ago. He’s a good egg.

Donell, you never said you wanted to write for free. I never said you wanted to write for free. But this deal (as you present it) is asking you to write for free. You will never get paid under this deal. If you feel this deal will open doors then you should take it. Work with them knowing you will never see any money at all.

What I have learned in 25 years as a screenwriter: there's always another possible deal on the horizon. You may not be able to see it now, but it will come. If you get one chance that means there are others.