ASK & DISCUSS INDEX

11 years, 4 months ago - Paddy Robinson-Griffin

You should not use somebody else's contract template as their situation will be different and there is no 'standard'. One or two words out of place and you could find yourself in all kinds of trouble - for instance if mis-phrased you could be purchasing not an option but an obligation to producing the film with a minimum budget of £xM and committing to all sorts of secondary writing costs/using the story author who sucks at dialogue/whatever.

Negotiate the deal in broad terms upfront but pay a lawyer for specific (insured) legal advice for the details. But you need to pay for this advice/contract as then you'll be able to sue if they give bad advice.

11 years, 4 months ago - Marlom Tander

Simple - make the PRODUCER do the work. It's up to them to make an offer (to option) that the writer finds acceptable. The details of the option will be driven entirely by the producers business model and timescale.

So producer makes plain english offer. Negotiations happen (does the writer get to do the first draft? etc). Agreement is reached. Producer get's it turned into a contract. Writer takes that, plus the initial plain english version to his lawyer to check that the legal doc reflects the original understanding.

11 years, 4 months ago - Francesca Sciandra

Hi Martin, have you looked at the docs listed in the SP Production Resources?
https://shootingpeople.org/resources

There's a Writer's Agreement under 'Contracts - Paid' that might be a starting point or a reference.

11 years, 4 months ago - Martin Belderson

Okay, I think I should have made clearer what I was asking. I do understand that a template is a starting point. A writer friend needs some help, I only have US option agreements to refer to. He cannot afford a lawyer to draw one up - media lawyers do not come cheap - but, wisely, wants to be able to table an agreement that protects him, as the rights holder. What he's looking for is to sell a option for one or two years for a nominal sum. If no one can help, that's fine. It is, in the end, a simple proposition.

And, please, there is no need to shout, nor be dismissive. Keep it friendly. Constructive advice is very welcome.

11 years, 4 months ago - Marlom Tander

Paddy is right. An option is a contract, and in the UK courts are perfectly capable of looking at plain english broad brush agreements between two people who are not lawyers. But if one side's non lawyer presents junkish boilerplate, YOU LOSE.

You need the lawyer only when you are willing to make a major commitment to the writer, covering all the bases, with NUMBERS (or at least equations that will generate numbers), exit clauses, break clauses etc tailored to your needs.

TBH, if you can't afford a lawyer, then your project isn't at lawyer stage and you should really just proceed on the basis of goodwill. After all, it's unlikely that you will be in a bidding war for the property, and if you are, then your writers lawyer will highlight any attempt on your part to lock him down. If you can't follow through financially, keep your money in your pocket.