Screenwriting : Rights to TV Pilots by James Pappoe Jr

Sounds good. The 1st episode is a spec and the 2nd was by assignment. Should I ask for payment for the 2nd episode? No agreement has been done on paper yet. She will let me know when the time will come to pitch the pilot, then negotiations will take place.

Never write for free. If they ask for work, ask for a contract.

1. get the agreement in writing & signed by both parties. 2. Get at least a little 'walkin' around money' up front.

Get an IP? You mean Intellectual Property?

I don't think you're clear on what you're asking, nor do many of the responses reflect that.

It's not uncommon for a producer to ask you to write additional material to go with the package s/he hopes to take out to the networks. You should have a contract with this producer, acknowledging that it's your work and she has either the option to market it or a shopping agreement. You can and should get some money for this, which, according to most contracts, would be deducted from the payment you get when s/he sells it. I would also insist that the contract have some provision for you to be brought into the writer's room, even just as a consul]tant, since this is TV.

I assume you have already filed the original pilot with copyright.gov. If not, do so now before s/he starts taking the project out. This protects you legally by establishing your ownership of the original idea (the IP). You do not need to file the second episode, as it is based on the characters, situations, etc., you created and own from the pilot registration.

The producer owns NOTHING until s/he pays you for it. YOU are the sole owner and you are granting them the right to take it to their contacts in hope of a sale. The contract you sign with the producer should elucidate your ownership, your expected payment and theirs. It should also be either non-exclusive, or contain a time limitation clause.

Also, to clarify, the second episode was ALSO a spec, unless she agreed to pay you ahead of time for it. spec simply means you wrote it without someone commissioning you to do so (paying for it ahead of time, even if payment is deferred). You own it in its entirety as well.

I remember reading Mickey Fisher’s blog from nobody to rookie TV creator. He partnered with a Manager first, then with an Agency, then with Amblin prod company, then as a team pitched to CBS Network who commissioned a whole first season.

Mickey was never paid for rewrites and his partners are billionaires, Millionaires, corporations. Nobody from his camp paid him until they got a check from CBS.

That's usually the norm these days. Create something, pitch and get screwed. Get up, do it over again, become broke until you make it. It's rare I hear people make it down the straight and narrow path of perfection with everything they want falls into place. Reading about Mickey Fisher and Sylvester Stallone is what keeps me above water in this industry.

I apologize Paul if I sound a bit confusing. But apparently I don't need to copyright the 2nd episode, but just the first, which is what I did. So she will not be able to take the idea. Not to mention I do have an attorney who can help me out when the negotiations are set in motion.

The way I look at it would be: if there's no money, I would insist (after legally protecting my work, i.e. copyright) on being intimately involved with the pitching/producing process (being at meetings, creative decisions, etc.). This has two purposes: 1) assuming success, you need to get to know this producer well - you'll be working VERY closely with her, and knowing if y'all can get along is crucial; 2) you will see how they conduct business, which leads back to 1) - do you want to be in business with this person?

If she balks at this, WALK AWAY. Even if there's money, TV writers have more power than in film, and don't be afraid to exercise it.

Of course, if they offer you enough money and tell you to get lost, that a whole other decision. :)