What are everyone's thoughts on the demand placed on writers to give exclusivity in option agreements?
When negotiating, is Non-Exclusively something that producers are readily willing to agree to?
I'm sure it's case by case but, as it was explained to me:
If a person has the right connections, it shouldn't take 3, 6, or sometimes even 12 months to get a script in front of a person that has the ability to actually greenlight it. They are either interested, or they're not...(?)
As long as the companies that will be pitched to by the person optioning the material is agreed upon upfront, and there is a non-circumvention clause in place, why is exclusivity so important?
I'd love to hear everyone's thoughts on this.
3 people like this
Sometimes options are preceded by non-exclusive shopping agreements that are shorter, but otherwise, I think most producers would want exclusivity for an option.
That's because it's not uncommon for those options to be 3 to 12 months in length. During that time, the producer is working for free. Who wants to do that knowing the rug could be pulled from under you at any moment because the writer gave it to another producer who got it over the line first?
Another reason for wanting to have exclusivity is that it shows the people he's shopping it to that you have faith in that producer. It would be kinda embarrassing if two producers tried to shop it to the same people (you might think you can police that, but wrangling the moves of multiple producers will be difficult and will not make you friends).
In the end, you shouldn't have a problem with the exclusivity (IMO) because you would have vetted that producer and decided he was a right fit and worth doing business with.
Others who have had more scripts optioned than me may think differently, though. It will be interesting to see.
3 people like this
If you want to sell a screenplay you really have no choice because no producer is going to option a screenplay unless they get elusive rights to it for a set period of time.
2 people like this
An option is basically a "layaway" plan. You don't own the script, but you got a down payment and first dibs.
Interesting... I think the fact that there are so many writers willing to give access to their work for free and do so exclusively is definitely part of the problem. Everything is negotiable and perhaps, exclusivity just needs to come with a realistic price tag attached. That said, are there any negatives for offering a short term (1-2mo) non exclusive option for cheap (or even free)...?
I really appreciate everyone’s feedback! If it’s about building true, I’m happy to do a deal like that. The last think I would want would be for someone to feel that their time and work is not valued. I wonder if everyone’s feelings are the same regarding Shopping Agreements, when deciding to do one or the other?
Do you have any idea how long it takes to hear back from someone?? Even when youre a producer with great contacts, unless you are making a MONEY offer to talent, it can take 2-3 months to hear back. And thats just ONE piece of talent. So a 2 month option doesnt do shit for anyone. No offense guys, but if first time writers start making ridiculous demands - high money options, non-exclusivity, signing an NDA, option periods shorter than 12 months - the producer is going to just find a better story elsewhere with a writer who isnt delusional. A shopping agreement or option agreement is always going to be exclusive or else whats the point??
2 people like this
Options must be exclusive. A producer has to be on solid ground. I wouldn’t work if someone else was doing the same.
The producer is renting your script to see if they can put a deal together. In the option it there should be a purchase price, if the producer is smart. How long is up to you.
I was assured that non-exclusivity was a viable and fair option. But, clearly that information was wrong judging by everyone’s comments. Thanks for clearing that up for me. Onward and upward!
1 person likes this
Just put yourself in the producer’s shoes.
You can spend a few months trying to put a deal together only to find out that the script was sold.
2 people like this
This guy made a funny video about selling a script. Pay attention to purchase price, “floor and ceiling”, and the only money that’s real in your hand- the option payment.
https://youtu.be/CQo4UUNJI-M
We used to put a floor and ceiling in our option contracts just so a writers lawyer couldn't screw up a deal.
That was a fun video. Thanks Dan! Very informative!
I was able to find a sample agreement online with these important points included.
Ryan. I agree the video is good. Everything he suggested is in my contracts which my agent gets from the WGA. I agree the net percent will never be paid to the writer because the Hollywood accounting is the same they use for the IRS. They are considered "Monkey Points."
My agent always asks for gross profits which even if you get 1% of the gross that would be better than 90% of the net. As far as option money goes get as much as you can because 90% of the screenplays that are option die in "Development Hell" so 90% of the time that will be all the money the screenwriter will see.