ASK & DISCUSS INDEX

8 years, 7 months ago - Paddy Robinson-Griffin

Every deal is different, but at this stage you should be selling time-limited options with a price agreed for the first day of production

8 years, 7 months ago - Dan Selakovich

What Paddy said. Outside of the union, there is no standard fee. Long ago, I optioned a couple of scripts and back then option money was something you could live on. I don't think that's true any longer. A friend of mine just optioned a script for a dollar. Also, option times tend to be longer now. I'd expect a year option. In my case, I had an Entertainment Attorney, and the option contract went back and forth several times between her and the producers. I'm telling you this in hopes that you'll realize that nothing is standard. I'm sure you can find a boilerplate agreement, but do you know what you don't know?

8 years, 7 months ago - Andrew Ionides

Thanks Paddy. Could you clarify what 'selling time-limited options' means? Does that mean each draft of the script to be completed by a certain date?

8 years, 7 months ago - Lee 'Wozy' Warren

A time limited option is an option that has a specific time frame before it runs out - ie 12 months, 18 months, 2 years etc. An option must have a number of elements to make it legally binding. Two of those elements are time specific and option fee. As Dan said, a lot of options can be made legal for $1. If no money changes hands, then it's not a legally binding option.

8 years, 7 months ago - Lee 'Wozy' Warren

And what I mean by saying it runs out... the person who buys the option from you loses the right to utilise the script without 'buying' a new option from you. So the script will revert back to you to do whatever you want with it.

8 years, 7 months ago - Lisa Ray-Jacobs

Hi Andrew. I would recommend joining the Writer's Guild of Great Britain as they have a contract vetting system. They may also have templates, although of that I'm not sure. I recently sent them an option agreement my producer and I had put together based on a contract a writer friend had sent me. The WGGB ran it by their lawyer and he came back with really helpful points. As (like me) you are starting out, this process, although perhaps longer, will be cheaper than engaging a lawyer directly. Either way, you are right, it is important to have an option agreement in place. Good luck!

8 years, 7 months ago - Andrew Ionides

Hi all, thank you so much for your responses. Really grateful for all this and yes Lisa, I have thought about joining the Writer's Guild of Great Britain so I think I will. And thank you Lee and Paddy for mentioning the time limited option. That actually led me to find this interesting article online http://www.bang2write.com/2013/06/what-is-a-screenplay-option-agreement-how-does-it-work.html which has a PDF of an option agreement at the bottom. Would this be suitable for my situation?

8 years, 7 months ago - Paul Campion

Stephen Folllows has a sample option contract here:

https://www.google.co.uk/search?q=sample+option+contract+for+film+script&ie=utf-8&oe=utf-8&client=firefox-b&gfe_rd=cr&ei=MXFvWI2BHtPW8gennJDwAQ#

If you do a google search for 'sample option contract for film script' there's a lot of information available online, as well as sample contracts.

8 years, 7 months ago - Paddy Robinson-Griffin

Hi Andrew, the sample on that site seems loaded against the writer TBH - the full rights should transfer and be paid for on the first day of principal photography, and the bit about the producer having no liability after 5 years is ripe for abuse. I'd keep on hunting, but yes that's the kind of thing :)

8 years, 7 months ago - Andrew Ionides

Okay. Thank you both

8 years, 7 months ago - Dan Selakovich

One thing you need to be aware of is a "re-writing" clause. It's easy to get caught into free re-writes until the option runs out. In my contracts, I gave the producer one free re-write after 2 or 3 studios or production companies did their coverage of the script. Otherwise, what is common, is to keep re-writing for name actors they want to submit your script to, emphasizing their acting "style." It can be a huge trap. Also, there needs to be a bit in the contract that you'll get a certain number of drafts, once your script is sold, to bring it up to the producer's "standard" before they fire you and bring in a new writer. Of course, this brings up the matter of screen credit, that should be addressed in the option contract as well. Most boilerplate options you'll find, I'm sure, favor the producer. Just be careful.

8 years, 6 months ago - Andrew Ionides

Thanks Dan! You're right. As Paddy pointed out, and as I've seen on some of the contract samples, everything in the option agreements seems to sway more towards the Producer's favour rather than the Writer's. I've spoken with the Writer's Guild and they seem to be a really good way of vetting contracts and making them fair for the Writer. Although it would help to have a trustworthy Producer in the first place! Thanks mate