Screenwriting : Short Script Optioned - Need Advice - Updated by Joe Thayer

Don't know but what I've heard is shorts don't make any money, so you'd probably love it know and hate it later that you gave the rights away? I don't understand why if you're not involved in the spin-offs why you can't get, say 5%... Number one, it's a business gotta be able to walk away?

It's not unusual to want all the IP rights when acquiring a short as they can easily become a proof of concept. That may be a big part of the appeal in this case.

Maybe do a one hour call with an entertainment lawyer, ask what could the extra clausula be like? Depending on how many pages and how difficult to shoot - depending on several factors -- the real problem could be that they don't have enough money to put in to the short to create a high production value. Let us say they wanted you to write a max 12 page short and they want to put in $10.000, that could be to little money for a quality product. Don't give anybody except them the numbers, but just saying! Talk to them as much as possible to find out what is possible and what is not.

Unfortunately, you have no leverage and the employer knows this, and movie contracts, from indie to corporate studios, generally screw the creator/writer. One thing my entertainment lawyer-neighbor has been doing is adding a time limit, say 5 years for indie or 10 years for corporations- for rights to return back to you; it puts everyone on the clock to make something. Good Luck!

take the money and run - be happy somebody is taking the time and $$$ to develop your idea and move on to the next one.

Be very, very careful. Don't sign anything without being fully briefed .

Reading between the lines, what you have you want to hold on to and this offer jeapodises that option.

I had a very flattering distribution offer for a short I'd produced and the contract was a bit wordy. I thought it looked fine but had luckily met a media lawyer that same week who I asked to glance over it for me. I thought it would be a quick read and all boxes ticked BUT he read into the wording and gave me a full hour chat explaining I was liable for edit costs, damage costs, and if they wanted to do anything more development wise, I was expected to foot the bill. I'm an intelligent being but these liabilities were so well hidden.

I made others aware on social media and the distribution company, that were really high profile at the time on line and in Cannes, with endorsements from A list stars heading their promotional videos, suddenly disappeared. I suspect they re emerged as another company soon after but that didn't last either.

If you want to hold on to your work and develop your idea's from this pivotal script then, as attractive as the money may be right now, think very, very carefully about what you want to be doing next year or in five years time. Could you be the master of your destiny with no regrets , quids in and moving on to new ventures or wishing you'd not sold out so soon? It's your decision but please be very careful and know if your idea is 'that good' others, who can offer more control, will be out there. willing to take a look.

Personally I'd let others know I've had this offer and see if that can be used as levaeage to get others to take a look. Use what you have to your advantage. If no one does, perhaps they know the offer isn't that great. Check it out!!

I wish you well and best of luck.

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Are they offering extra (future) compensation to you every time they exercise one of those rights?

Probably need a lawyer. One way (certainly not the only) is to use IMDB-Pro and do some reverse engineering. What other projects have they produced? Who were the writers on those other projects? Who were those writers' lawyers? That could lead to a lawyer who has dealt with them previously and should have greater insight as to which terms are negotiable (and much far to push) and which are not.

Wishing you well. Congrats on the contest win!

Grab a lawyer and have him review the contract. He can recommend changes to the language to ensure you don't get hosed.

Juan Seattle Thanks for you thoughts - I am not worried about the short making any money. I'm happy that they are making it. I am really only concerned that if I decide to write a feature based on the concept/theme, I do not want to give up my rights to do that and have it produced elsewhere.

CJ Walley Thanks for your feedback, I get what you are saying, but this is a bit different. I won their shirt script contest and the prize was to produce the film. The option $$ is token/technicality for the rights to produce it. So I am over the moon about that, but they are not paying to obtain the rights to any IP based on this as a concept. I'd feel differently it wasn't a contest and they were offering to pay (a real amount) for the rights and IP. Does that change your perspective or do you think this is standard?

Dan MaxXx - Thanks for that. I think they have a 36 month clause to revert the rights. I am wondering though if they make the short in the 36 months, does that give them rights to the IP forever. Guess I need a lawyer :(

Richard Bruce Stirling believe me a big part of me feels this way. Shut up and be happy :)

Joe Thayer, it's a tricky one. At the end of the day, you see a value in expanding the short into a feature and you want to hold onto that value by owning the rights. That means there's something of value they may want too, or they may want to pass that value onto whomever makes the short. There's a commodity here and it all depends on why people are at the table.

You're being told you don't have any negotiating power. I disagree with that. You have the damn script lol! I think it's fine to have a conversation about your rights to take your idea further, especially if they have no intention to.

When my first script was optioned, I was concerned because I have a bigger universe some of the characters are referenced in. I was scared of approaching the producer and making sure it was okay for me to maintain that without them owning it and they were fine about it. It doesn't hurt to talk providing your'e going in with humility and an open mind.

Sara Dee Thanks for sharing your experience.

David Bass - Good advice!

Lindbergh E Hollingsworth I think I will - thanks

CJ Walley - Always appreciate your advice. I think that's where I will start - by discussing my concerns with them. I try to go into everything with humility and an open mind, and sometimes I even succeed at it :)

I had the same chance - someone wanted to produce one of my short films - I said "No" I am holding out to see how it does on the festival circuit - bad move - the film will not be produced - missed my chance - as my Hollywood producer friend said "Hollywood is full of writers who have passed on getting produced while hoping for a bigger break." Lesson learned.

Richard Bruce Stirling It’s not about making more money, Or even any money on this. It’s more about protecting my rights to create a Feature based on similar concepts

Joe Thayer James Wan & Leigh Whannell created a billion$ horror franchise, SAW, and they dont own the rights, not sure if the duo gets SAW merchandise $$. They were fired . I dont know if the duo intentionally made the short to do the feature, or the short was a stand-alone short movie or proof of concept. Too many truths and false, depending whose point of view. There is a long list of franchise movies where original writers repped by big agencies and big law firms were paid and immediately fired off their creations, the rights owned by a studio. Welcome to Show Business! :)

Dan MaxXx don't know if I should laugh or cry, but I guess this is what I asked for :O

Joe. Tell them what you want to see in the agreement. They might agree, or they might not agree. You find out by asking them, not the people here. Good luck.

@Dan Guardino that’s my plan. I like to poll the crowd here to get people experiences.

That's good to know. But keep in mind this is a public forum, so don't disclose anything you wouldn't want them to know.

re protecting your rights - I understand completely - here's what you do: make it a licensing deal - offer them first right of refusal to license said stuff for a stated period - if they don't agree to licensing for a stated period, walk away - with a licensing deal you maintain copyright etc., and get paid for whatever they do, and you have the luxury of walking away when the licensing period ends...

Dan Guardino Good point! - Thanks Dan

Richard Bruce Stirling Hmmm... Interesting Angle to think about. thanks

Update - Thanks for all the feedback. The producer agreed to reserved rights for me to write the feature, giving them first negotiation and last refusal. So I'm happy.

Hey Joe Thayer great work on the negotiating.

Juan Seattle knowing your screenplay was optioned, to me, is a great sign that it has amazing potential.

My story was for a finished short film so the boundaries and game plan are a bit different I agree.

If a screenplay has been optioned but didn't get finance, then it's a tricky one to pick up and try again. The original owners may have tried the most obvious finance pool available and I guess it wouldn''t do to re visit with the same script.

If I help get a script optioned or commissioned I always ask the writer to keep tabs on who gets involved in any deals. If it doesn't work out and another person options the script later, it's been advantageous for them to know where not to go again for financing or, indeed, who to open it up to again if there was an investor interested and equally disappointed at the loss..

I wish you luck finding another option.. Sx

Hey Joe Thayer, is it indiscreet to ask which competition it is? I'm curious.

Good for you Joe Thayer, five people here told you that you had no leverage but you bit the bullet and took a little risk. There's a lesson here.

@Evelyne Gauthier - they have not officially announced yet so I cannot say :(

Haaa... ok, then ;) By the way, congratulations on the short film and the rights you managed to keep. Sometimes there's room for negotiation, even if you think otherwise :)

I'm amazed a short can be optioned. Do you mind sharing what kind of amount that is?

@Lauran its not much, a token amount, them producing the short is really the prize :)