Had a production meeting recently and the guys who are considering producing the script I wrote and want to direct and they were asking who owns the film if they come on board. The producer wants to option it and run it through his company and he basically asked 'who will own the film'...
So just wondering where I stand on this one as I'm fine with the guys producing it, but whats the deal with rights and making sure I direct the film.. Obviously if succesful in any way I'd want to be compensated, I'd want to travel with it through the festival circuit and well basically be there from start to finish. What way does the option agreement work and where do I stand if they raise the finance for the film?
1 person likes this
I don't nesesserely want ownership, just want to make sure I'm not cut out, dropped or forced out of directing this film.
1 person likes this
Congratulations on great project momentum!
I think it's good to be in discussions with your potential production partners, and you and your group will likely want to speak with an entertainment lawyer (Dublin, London, New York, Los Angeles, wherever, some of them will offer a free 1-hour phone consultation and then draft you a contract for $500 or more to protect each of your interests and desired rights and intellectual property protection).
There are quite a few possible partnership agreements so you might need some qualified industry legal advice to sort through and make sure you get what you want before agreeing to anything specific?
1 person likes this
As Dan says - everything is negotiable. But from my pov as a Producer, if I've taken a liking to your script, why would I want you as t Director? What chops do you have? I've got my own stable of cast/crew that I've known & worked with in the past. That's basically a no-go and I wouldn't option your script. That's just the hard & fast truth.
1 person likes this
I understand that Doug. Where we are at, this would be my first and their first feature film. We all in the same boat ready to shoot this thing together as a team. Of course if they raise finance and get some big actors involved they have clout over me. At the minute its a gentlemans agreement but I want to know what to do to make sure I direct this thing and they don't just go off and pay me as the writer and shoot the film with someone else.
Why not just sell 'em the script and go write another one?
The conundrum you've put yourself and the producer in is that a producer has the ability to fire a director. As a screenwriter, you can sell the script and walk away, no questions as to who owns the film, right? As a director, you can walk on to a project, sign a contract, and you can keep your job and your credit so long as you play nice with the producer. With this added component, the project might be harder to sell with you attached as the director (especially if you don't have a track record of directing). So, essentially, you're approaching a negotiation ASKING to be paid as a screenwriter and ASKING to be attached as a director - those are two big asks. Your only offer, as I read it above, is the screenplay, and not full creative rights. It's quite the bind you've put the producer in.
My suggestion to you would be - offer something more in order to offset the second ask. Can you bring in first money or a separate investor? If so, then you could also be attached as an Executive Producer, which would give you some sway over the producer you're working with, and you could allow the script rights to be "sold". Ideally, however, you would sell the rights to a separate LLC made especially for the production, and that LLC can make you one of the members as an EP. Yes, this is essentially what Dan MaxXx said, but the reason I'm echoing the sentiment is - you cannot guarantee your role as director unless you become an executive producer and retain some part of the rights to the script. Once you sign an option or a sales agreement, they don't owe you anything but money ('cause they'll put in the contract that they are under no obligation to make it, so they don't owe you credit).
2 people like this
Some sound advice guys. Need to really nail this down. The artist in me says just run with it but the entrepreneuer is saying papaerwork needs to be agreed and signed asap
Rob Kelly This is definitely something that requires professional advice. It doesn't seem like anyone involved has a clue what they want out of this, and that's the first thing you need to do. All of you. Negotiate over that and put it in writing, with definite dates, numbers, compensation, and how long is allowed for the producers to finance the show. It can be simpler or much more complex than that, and like I said, this merits professional legal advice during and/or after your discussions with the potential producers.