ASK & DISCUSS INDEX

10 years, 4 months ago - Justin Hayward

Ha ha! That would be mindblowing!

If anyone's interested, it's this http://theluckparticle.com

Thanks all!

10 years, 4 months ago - Justin Hayward

Thanks all - looks like there is a good reason why I posted this in the ethics section! I'll give them a little time and see how it goes, then if it gets to option stage see what the deal is.

10 years, 4 months ago - Stephen Potts

Hi Aleve, Delays are inevitable but unnecessary, and I agree they are intensely frustrating, especially when a project is time sensitive. Anyone starting a script about the Russian Revolution for release in 2017, 100 years on from the events, may already be too late.

10 years, 4 months ago - Justin Hayward

Good call Marlom - thank you

10 years, 4 months ago - Justin Hayward

Thanks Paddy, that's good to know :) Cheers, Justin

10 years, 4 months ago - Justin Hayward

I guess in this case this isn't his only focus - he has a dedicated role in the entertainment industry for one of the biggest live event companies, so this is perhaps something that he's not 100% dedicated to at the moment but wanting to expand.

10 years, 4 months ago - Paddy Robinson-Griffin

The time to talk to a lawyer is when 1) someone asks you to sign something or 2) there's money involved - until then you have no commitments to anyone. If your producer wants to OPTION the work (ie go exclusive), he pays, until then you're free to offer it around all you want ;-)

10 years, 4 months ago - Paddy Robinson-Griffin

Days, weeks, months are nothing in film finance terms to be realistic!

10 years, 4 months ago - Paddy Robinson-Griffin

@Alève Life on Mars took 7 years to sell! Just saying things have their own natural times...

10 years, 4 months ago - Paddy Robinson-Griffin

@Alève Mine Heh heh, yes, but...

The industry isn't one big machine, it's a rag bag of people, all with different tastes, motivations, budgets, calendars, friends, etc. Getting the right people together to back a project will involve a load of meetings, things falling through, new meetings to book, travel, rewrites, more meetings, schmoozing, promising people roles, casting and recasting... before all the finance collapsing and starting again. I'd say it was a fallible system, but it's no kind if system at all, it's just people!

I mention Life on Mars (the UK, not the US remake which flopped) because it was a great idea, a brilliant construct, but was turned down over and over again. When it finally got commissioned after 7 years of rejections, it became a huge hit. You could argue that it should have been a huge hit 7 years earlier, but perhaps the audience wasn't ready for it. Perhaps the right exec wasn't in the job then. Maybe the time just wasn't right. I don't believe it was any kind of conspiracy to suppress the idea, just the circumstances were wrong for anyone to get behind it for an age...

10 years, 4 months ago - Alève Mine

Optioning: what makes the decision making so slow? Every minute counts.

10 years, 4 months ago - Alève Mine

Here is what may be wrong in having a project wait: timing of the themes and approach relatively to what the Zeitgeist would allow for, and ability of actors, composer, director and other talent to collaborate. And more, like unknowns regarding the market's future. I'm not sure waiting is truly justifiable in all cases. Those who delay assume that the project and its relevance are constant, indefinitely available, forever ripe. Maybe they have, as they said here somewhere, more skin in another project, but they want to keep all doors open but you are losing disproportionately much skin in having to wait. It's just not right. Unless you don't yourself have much skin in your project, of course.

10 years, 4 months ago - Alève Mine

Justin there are so-called book agents as I've met one at Berlinale, who take a book to place it as film. He'd have wanted to see a book of one of my projects that started directly as a film project. I guess if you already have a script, he has no business. So it is an advantage there indeed that you want to delegate the screenwriting.

10 years, 4 months ago - Stephen Potts

It's courteous to wait while they look at it, for a while, but don't get strung along if they take ages or don't get back to you at all (it happens). Be prepared to say you'd like to show it elsewhere if they don't respond by time x. If they do offer an option it may well be for £1, and if you say yes you won't be able to show it elsewhere for a year or so. Worth doing perhaps if there is a reasonable chance they will do something with it during that time, but I wouldn't commit to an automatic £1 renewal.

10 years, 4 months ago - Justin Hayward

Absolutely - and it's also registered with The Script Vault too so I think it's as protected as any creative idea and realisation of that idea can be. Thanks Stephen.

10 years, 4 months ago - Paddy Robinson-Griffin

Yep, good plan. There is no rush, so give them a chance to have a look. In the meantime, if Kathleen Kennedy asks you for a copy, you're free to give it to her - you haven't painted yourself into a corner.

10 years, 4 months ago - Stephen Potts

Rough guide to setting option rate: ask the producer what budget they have in mind. Set writing fee at 2.5% of that. Set option fee at 10% of writing fee. So a screenplay for a £1 million film should be optioned for £2000. Per year. If they can't raise that (0.25% of the total budget) even once, how can you be confident they will raise the other 99.75%?
If they offer less, but tell you they'll get it read by this Oscar winning director, and attach that BAFTA winning star, you have a choice of money or hope. But bear in mind that name talent will often not commit until finance is in place.
When you sign an option you sign away your right to develop the project elsewhere: that's all it is.so if the option doesn't pay,and the packaging they ofer looks shaky, why do it? If you are still tempted, make sure the option contract sets the terms for any eventual deal (eg the less they pay up front the higher your fee as a percentage of the budget). And make sure you have a way out at renewal time, if they have not progressed with finance or talent, in the form of automatic renewal via payment to you, or a reversion to you, or new negotiations.

10 years, 4 months ago - Marlom Tander

That said....

If someone is interested then while you COULD use that as an excuse to tell your agent to kick off a bidding war, it's polite and trust building to give them time to think about it and make a proper offer. And you'll need trust if the project is to go anywhere.

A few weeks perhaps since it is implied there are several people who will have input and that probably means a few meetings over pints on their part....

good luck

10 years, 4 months ago - Peter Spencer

Average time for a film to get produced is seven years. So nothing wrong or odd about you having to waiting. There are cases where films have taken DECADES to get made. What has the producer made so far? Have you seen his films? Seems everyone here is talking about the money but what if he makes films you hate - is that who you want your work to be with? So from his imdb links do his films get distribution? Have they made any money? If he is. Among indie films (which is what has been happening to me) but you like him/her and believe in the project then you can take a small option fee with a clear conscience.

10 years, 4 months ago - Stephen Potts

Hi Justin, You are in a strong position. The book is not in the public domain. It's under copyright, and the copyright holder is you. No-one can do anything with it unless you agree, so why sign away that power prematurely? You are the flower: they are the bees.

10 years, 4 months ago - Justin Hayward

Yes, it's a difficult balance Alève. As he's not asked me for exclusive access and as the book is in the public domain, I've taken the decision to share it with a few industry contacts and see what settles. I've not made an agreement with any of them and they're aware that the book is out, so if that prompts a sense of urgency, I don't think that's a bad thing. I've written the book and the treatment but want someone else to write the screenplay if it happens, so it might be unique enough in the realization for that to be the differentiating point in the negotiations if there are any. Whilst it would be nice to see a little bit of money come back, at this point, I'm interested in seeing something be created first and foremost.

I'll keep you posted if you're interested!

Have a good week,
Justin

10 years, 4 months ago - Justin Hayward

Great advice Stephen, thank you.

10 years, 4 months ago - Marlom Tander

£1 options go to people you think dedicated. Proper money is what non dedicated people pay to be able run with project on their schedule :-)