... and the institutional knowledge to be found here among the members. Some weeks ago, here in Ohio, I got my first phone call from Hollywood. It was the senior vp of a production company (that's been around for more than a dozen years and made a lot of films, big and small). This exec informed me that my thriller script (which I'd submitted to him after a successful VPF query) was "doing really well" in-house and that he'd be back in touch shortly. So, being an industry outsider, I'd assumed that the phone call from this producer meant he was thinking seriously of optioning my script. Wrong!
About two days ago, I read a post in a thread here from Stage32 member and producer Regina Lee explaining that typically "The producer is working for free, just like the writer wrote for free, until the material is sold to a financier (who pays the producer and the writer)." Good timing. Because last night, the producer phoned me again, and instead of me saying something ignorant and newbie-ish like "You gonna option my script or what?" I now understood how things actually work out there, and we smoothly agreed that the producer would take my script to a meeting with a financier next week (where the producer has a first-look deal) to seek funding to make a film based on my script. Thanks, Regina!
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Good luck!!
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Good for you, Eric - gratitude is an emotion in seemingly short supply at times in today's world. Keep on keeping on!
Good Luck and Happy Writing, Eric Chri-stooo-pher-son!
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Good Luck. Hope to be in that position soon.
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Congratulations, Eric! I'm so happy for you! I hope it goes your way. Fingers crossed. ;)
And I couldn't agree with you more, we're lucky to have Regina Lee. I've learned so much from her. I truly can't thank her enough, and thank all our creative and generous members who keep me going. It takes a village, does it not? ;)
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Eric: Congrats and sending super positive Uncle Phil vibes your way.
Regina is correct. More often than not, paid options for unproduced writers have gone the way of the dinosaurs. Last month, I signed an 18- month option agreement with a director who has a new film being released on Tuesday. He's reading my new rewrite over the weekend and I'm sure I'll be doing another rewrite in the next few weeks. So, if your producer can find interested parties, they'll no doubt want to put their stamp on the material. So if you want to get your script made into a film, be prepared to be flexible and work with people that can get films made. My option is a project that the director was looking for, not a spec script. I have yet to sell a spec script to anyone. I use them as calling cards.
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good luck! it's always step by step in the business, and then there's the holding pattern of "turn around" which happens sometimes. It really is, when all is said and done, a team effort.
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That is such great news!!!! I am so happy for you !!!!!
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Thanks for informing others about your experience, Eric, and good luck!! I just want to note that we are talking about a US, and specifically a Hollywood context. Other regions/countries/localities have their own standards, e.g. options are much the norm in other places/countries where big financiers simply don't exist, where everything is indie, where grants are more available, etc. This is reductive.
Dan, that sound like a reasonable approach w/producers shopping material. BTW, like how you're looking these days! ;-)
Hi Dan, I have to get back to work and I can't spend time on the boards today. In a Hollywood context, producers typically (not always) do not create a paid option agreement. They typically (not always) try to "set up" the property with a financier who will either option the property or buy it outright, thus having the financier (e.g. studio, non-studio financier) create: 1) an agreement with the property owner (e.g. screenwriter, author), and 2) with the producer who "brought in" the property to the financier and is attached to produce it. As Eric, the OP described, in a Hollywood context, the producer has asked Eric for the right to submit his script to a financier next week. There is no written agreement between Eric and the producer. If the financier(s) passes, and if the producer still wants to try to get Eric's script financed, the producer will probably ask for a verbal agreement for him/her to keep trying to finance/set up the project, or the producer might want a producer attachment agreement, a shopping agreement, or a $1 option agreement. (In Hollywood casual-speak, a "free" option costs $1. This is simply casual terminology.) In all likelihood, the "Hollywood" producer will not pay an option fee, as a paid option is probably not required in order for the producer to try to advance the project (by packaging it or setting it up). If that "Hollywood producer paid to option a piece of material, that option would typically (not always) be conceived as what I'll call an "interim step" before the producer "sets up" the material with a financier (e.g. studio, non-studio financier). Thus, typically you don't need to formalize the interim step with a paid option. But many things can happen, including multiple producers vying for the material, that may change the playing field. And there's no one size fits all scenario.
It's impossible to go into all the "what if" scenarios. Of course there are situations in which a "Hollywood" producer has to dip into his/her own wallet to pay for an option. But typically (not always), the producer is asking the writer or the writer's agent/manager for the right to shop/package the project, in hopes that a more complete package will cause a financier to start paying both writer and producer. Obtaining this "right" is typically (not always) quite a non-legal process with no paperwork (beyond emails) and typically (not always) no lawyers involved.
Dan, you will of course do what makes sense for your path.
If I'm reaching out to someone outside of the Hollywood community, e.g. an author in Canada, I will typically ask for a 6 to 12-month runway to try to get a market-viable writer to pitch an adaptation of her book. If I attach a writer, and the writer creates a pitch that sells to a buyer, then we all get paid by the buyer. I keep the author informed, and if she's not happy with my efforts in 6-12 months, she should try to find another producer who will better service her book. If the author doesn't have a lot of experience in "Hollywood," I will send her a shopping agreement to protect us both and to make the author feel comfortable. If the author is familiar with "Hollywood," I will let our emails/conversations suffice as our agreement. Sure, without a signed agreement, I could get screwed as the producer, but for me (only me, does not have to apply to what you do), this builds trust between us. She can trust me to behave with integrity, and I trust her too. The "contract" is one of a business relationship.
I ask for a short runway because I want the author to feel like she shares control with me, and if I don't prove my worth in 6 months, she can eject. I may not attach a screenwriter within 6 months, but when the author sees all the work I've done (e.g. "here's a list of the 10 great screenwriters I tried to get"), an author will usually want to give me another 6 months.
I've offered to pay for a book option before. My offer was more than $1 but less than $1000. That author has had 3 previous books adapted into movies - 1 won the Sundance Grand Jury Prize. The author's manager rejected my offer. Was that the right move? Probably so. They've enjoyed higher option fees, and the author has higher "quotes." BUT, on the other hand, there has been no progress with the book in the time since my option offer was rejected. Is having me work for free to try to get the book made into a movie "better" than having it sit there without any producer trying to put it together? Maybe, maybe not. We're all rolling the dice here.
I am producing a script that Lionsgate didn't buy outright - they optioned it. They paid the writer for a script option, and they are paying the writer for a rewrite. I did not option the book myself to flip it or sell it to Lionsgate. I merely asked the writer if the previous producer was no longer attached, and when I found out he wasn't attached, I asked the writer if I could submit the script to Lionsgate. When we submitted the script to Lionsgate, the studio said yes, and they optioned the script. Thus, they made a deal with the writer, and they made a deal for me as a producer. When Lionsgate made those deals, that was the first paperwork generated on the project; I didn't have any paperwork with the writer prior to the Lionsgate deals. [Judging by the OP's post, this is the process that Eric's producer is taking with his script. The produced asked Eric's permission to submit his script to a financier next week. No paperwork to date. Paperwork to commence only after a financier says yes.]
This is a Hollywood context. I'm in no way suggesting that this is how the indie world works, nor am I saying that it gels with other countries' practices. I am in no way suggesting that "everything works this way," because it doesn't.
If I have failed to be clear, that is my own failure as a forum writer rushing to try to be helpful to other people.
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Hoping to go back for typos, etc. later... Pardon the above mistakes that I know I've made in haste.
Here's a message from a book agent. I didn't pay for an option, and I didn't sell the project. But I worked my butt off to try to. "[AUTHOR NAME] sends his deepest appreciation for all of your hard work and obvious passion for the project. He is deeply flattered by your enthusiasm and would be honored to work with you both again in the future. He says: 'I look forward to the day when our paths cross again.'" I attached a TV writer and developed a series pitch. We pitched to stars to try to attach a star and we pitched to buyers (e.g. Amazon). I kept the book agent informed of all my efforts to try to sell the TV writer's pitch. They were pleased with their decision to give me a runway with the book. Should they have rejected my offer to try to sell the TV series just because I didn't want to pay for an option? Probably not. Did I "take advantage" (per Dan) of the author by not paying for an option? I can't control your opinions of the matter.
Regina, your outline of how Hollywood works is helpful as I slog my way through pitching my story series to producers. I've saved it for future reference. And yes, I think the "good faith" contract is one that does establish mutual trust as well as commitment to the project going forward.
Yes Regina - Hollywood certainly has changed over the decades - I'm glad I'm not there now.
Hi Doug, do you mind saying over what period you worked in Hollywood? During that period, did producers typically pay to option scripts as an interim step prior to selling those scripts to Hollywood studios? Or were those producer/writer "agreements" less formal than a paid option? I am genuinely asking. The process has not changed in the time since I've lived in Los Angeles, but I don't pretend to know the M.O. prior to my time in LA. Thank you.
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Playing devil's advocate to Dan Max, sometimes (not always), if you do NOT negotiate an option, you can get a HIGHER FEE later on when the project actually sells to a financier. By negotiating all the rates at the option stage, you might (or might not) be undercutting yourself. Again, it's way too complicated to get into all the possible scenarios. It's just not that simple, and as you might know from me, I'm not in favor of dispensing advice that is not specific to a particular scenario. You can do more harm than good by giving "one size fits all" advice.
A super quick example... Let's say you option your book to a producer for $500 for 12 months. Within the option agreement, there is a $5000 purchase price. The producer attaches a hot writer, and when that writer pitches to buyers, multiple buyers bid. Maybe you could have gotten $25,000 as a purchase price due to what the producer did to package the project and due to the screenwriter's great pitch. However, because you have a $5000 purchase price in the option, you've cost yourself money and undercut a potentially bigger sale. This is merely a reductive example. There really is just no one size fits all.
Happy writing and good luck to all. I've talked this to death. Shutting up now.
Hi Dan, this statement felt like it needed to be discussed. Quoting your post: "I don't know where you came up with the idea producers in US don't pay for options because they do especially if want to get the script off the market to raise development money." My response: They might or might not pay. I've been speaking to the "Hollywood producer" context in which producers typically take the material to a financier for the financier to pay. Take care! Truly my last post on this topic.
Regina - I've been retired for several years so I can't speak to current trends but I can assure you that optioning scripts used to be a modest 'cottage industry' for the starving writer crowd. I received an option on three, one went on to become a sale. The humongous number of scripts floating around now-a-days is the likely culprit. I donno.
Doug: as late as 2003, and maybe even later, some unknown writers with no actual produced scripts were still getting five-figure up-front option money - and with only a six-month option.
Obviously, the times have greatly changed. You still hear about it happening now and then, but those are rare circumstances these days, and are certainly not as prevalent as they once were.
It certainly could be a tough predicament for a writer to accept a one-dollar, 12-month option - and especially if the producer doesn't have any/many credits, and especially if the writer doesn't know how many other scripts the producer has under option. Each and every option offer is a different situation. I'd have no problem accepting a one-dollar option if I felt the circumstances were right - but even then....anything can happen. I would also expect any reputable producer to have many scripts under option at any given time.
On these Stage32 boards, I've always praised producers who put in Herculean efforts to get films financed and made, and always will. Writers and producers both face daunting tasks in what they do, and I wish all of them the best in today's cinema business.
MAY THE HEAVENS BLESS THE VICTIMS AND THEIR FAMILIES/LOVED ONES OF THE LAS VEGAS SHOOTING TRAGEDY.
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Bill, you're correct (I think); my experiences go back to the late 70' and through the 80's when options were fairly common. I think that a lot of beginning writers (who have no knowledge of those good ole days) assume/hope that it's still the same today. It ain't - and a lot of those good ole days weren't all that good either.
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Dan: We both know there is a huge glut of spec scripts out there. It's a buyer's market, and has been at least since the Writer's Strike of 2007-2008. I know, like I mentioned above, that things started changing even before then. I got paid pretty good up-front option money in the early 2000's and wasn't an established writer. I knew writers who made really good money in the early 2000's optioning scripts that were never produced. After that...things started changing.
One of my established writer friends who was speaking at a seminar said to the room full of aspiring writers, "you pretty much should expect to give away your first script to get in the door." And that was in 2002 or 2003. Silence fell upon the room. Maybe Stage32 can do a webinar about the realities of the situation for aspiring writers. Regina Lee has written about it here a few times, and I commend her for her honesty.
Unlike Claude, I don't consider it "working for free." For aspiring writers, I think the means justify the ends, because that is the way the business mostly operates. Generally speaking, aspiring writers can't expect a big check up-front for an option from the typical producer who doesn't have a lot of their own money to begin with; who has many scripts optioned at once; and who is trying their best to get financing for one (or more) of those scripts.
And yes....there are exceptions to that on occasion...but that's the way it mostly is today for aspiring writers who are trying to break into the business.
MAY THE HEAVENS BLESS THE VICTIMS AND THEIR FAMILIES/LOVED ONES OF THE LAS VEGAS SHOOTING TRAGEDY.
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Bill, I think what you're saying is very accurate. When I first started as a freelance writer, I wrote for free for various small magazines and online entities that couldn't afford to give a writer anything more than exposure. I knew this was necessary because my resume was devoid of writing experience. In time, I started getting paid gigs and now I'm able to say no to unpaid work.
I've always gone with the assumption that screenwriting is much the same. I've yet to be offered the $1 option but I'd certainly be open to it, depending on the terms. That's just the way the writing world works these days, and I think getting a foot in the door, with a possible paying gig down the road, is much more important (to me) than trying to negotiate a large option from a producer who may already be operating on a shoestring budget.
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Jody: you said it. I did the same thing (in advertising and marketing), and my portfolio and testimonials led to paying jobs. When I was in bands, the unknown bands played for free - regardless of how good your tape sounded to the club's booking agent. In L.A., unknown bands....even bands with decent-sized followings....paid to play in the clubs that were known for having talent scouts in the nightly audience. When I had a comedy group, the actors rehearsed and acted for free, and our comedy tape led to paying jobs for many of them. When new restaurants open in town nearby, they walk into my office with free food samples. And when I interned at NBC, I worked for six months, six days a week, for free - no wait....I was still paying tuition for those six months....and it led to four job offers.
And speaking of internships.....that is also one of the biggest competition areas for aspiring writers....interns who are getting their feet in the doors at media companies. Can't forget about those young interns, either, aspiring writers, since they already have a leg up on you in developing relationships and are being mentored and groomed by working professionals.
MAY THE HEAVENS BLESS THE VICTIMS AND THEIR FAMILIES/LOVED ONES OF THE LAS VEGAS SHOOTING TRAGEDY.
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All I can say is that the times/rules have changed - go with the flow or go extinct. There was no 'indie filmmaking' during Hollywood's golden era and the big ole' Hollywood dinosaur is stumbling around, drifting off to meet it's maker while the infant indie film industry is starting to walk. My advice: produce your own movies. I see a lot of screenwriters still clamoring to join old Hollywood; which pretty much ain't there no more and the last hangers-on don't want you anyway.
Doug: True enough, although indie filmmakers greatly struggle to find platforms and audiences, too - domestic and global. And to add to the equation....Hollywood still doesn't know what the future of film is going to be like five years from now, which is partially why studies are investing in ways to make films more interactive in theaters. Outside of two areas - family films and franchise films - it's all up for grabs...at least in the U.S. This new generation of youngsters that practically do everything on their phones aren't exactly going to the movies like they used to, and this year's box office numbers attest to that. And attention spans aren't what they used to be, either, generally speaking and with caveats.
I had an investor for one of my scripts, and when the rubber hit the road after I did all the numbers-crunching and analyzed the market opportunities, I actually talked him out of the deal and got him to invest in something more on-the-ground and that people use and need everyday: a clothing company. It seems much more safer, and I didn't want to end up buried in the desert. Heh-heh.
MAY THE HEAVENS BLESS THE VICTIMS AND THEIR FAMILIES/LOVED ONES OF THE LAS VEGAS SHOOTING TRAGEDY.