Producing : Percentages by Shereen Elcherif

Shereen Elcherif

Percentages

Hi Everyone, I have a question regarding contracts and what is the fair percentage that should be in the contract for film developer, screenwriter and original writer? Is there anyone that can help me out with this? I tried googling it but I think I'm not putting in the correct keywords. Thanks, Shereen

Douglas Eugene Mayfield

I'm not sure what a 'film developer' is. Exec producer? Producer? 'Original writer' sounds like the author of the play/novel/short story. As far as the screenwriter, total compensation on the order of 2% of the proposed budget is a possible working number. But if you're talking micro-budget, I'd say there are no rules. A lot depends on what these individuals want. Cash up front? A piece of the action? Please clarify. And assuming that you are basing your project on material already written, that is, a novel/play/short story, in my view, you want to sort that out first, get the rights to that material secured, before you approach a money raiser or a screen writer.

Shereen Elcherif

Thank you so much Douglas. Yes, that was my problem as well. I wasn't sure what the writer meant by developer. A lot of clarification is needed. I agree. Thanks again.

Regina Lee

Hi Doug, fyi, in countries like Australia, England, etc., "film developer" might refer to the "script editor" or "script consultant," which is a standard role in some non-US countries. In short, because there is no studio system like in the US, there is no abundance of development execs in staff positions, and they hire freelance development execs as "developers" whose titles are "script editor/script consultant/story consultant/etc." I do a lot of this work for the Aussies I met when I worked for Hugh Jackman. :-)

Shereen Elcherif

Hi Regina, Ok so since you have experience with this, I am hoping you can help me out a little here. This gentleman has the rights (sole owner) to the script for production. he says his job will be development for story and screen play and I am to produce. He os requesting 2.5% of budget and 5% of net profit. He also would like to be compensated for money that was paid to the screenwriter. He also wants me to pay the screenwriter another 5% of net profits. He wants to continue keeping writes so that he can write the story into a novel. Honestly, I feel it's a bit much. But I need advice. Thanks, Shereen

Douglas Eugene Mayfield

Regina - thanks for clarifying. Shereen - Here's a quick example of what I did with a writer I hired. I wrote a treatment (6 pages) for a horror comedy which I still think I can get done on a micro budget and I think could be quite funny. Since I had not written comedy, I asked around and a writer was referred to me. He sent me pages of his work to audition. We did a 'step deal' for work for hire (WFH) using a 'plain language' contract which we wrote ourselves and agreed on. (WFH - He would get paid but not own any part of the completed script for the project.) I paid him installments, $ for the first 30 pages, more $ for more 30 more pages, more $ for the competed script, and more $ for a revision. I was not satisfied with the resulting script so I've shelved the project for a while. Reflecting on how it went, I suspect that I was perhaps too vigorous in giving notes early on and he listened to my notes too much and as a result, did not create enough original material/ revise my treatment sufficiently. That is, perhaps he needed to get away from my notes and 'spread his creative wings and fly'. Or since the result did not strike me as having enough humor, perhaps it's just plain very difficult to get to a good comedy and (nobody's fault), we simply missed the mark. The next time I try to get the project going, I'll try taking the story to people who have done short films which I found funny. But I'm waiting to grow as a producer to get to budgets which are a bit bigger.

Regina Lee

No one can advise out of context. You should please ask him for his quotes. For example, if he has previous contracts at that amount, he has an established quote, and you may well have to match his previous quotes. As for "feeling it's a bit much," I might go to an auto body shop and get a quote for a bumper repair. $2000 sounds like a bit much for my comfort level, but if that is that shop's going rate, I have to pay it or I have to find another body shop. That said, you can always ask for a discount off their going rate and cross your fingers. :-)

Regina Lee

That said, it's impossible to advise out of context, and important decisions should not be made out of context.

Shereen Elcherif

Thank you Douglas and Regina. It all makes sense. True, I will ask him for previous quotes. Thank you again. I did get to read the script and I love it, but since this will be my first huge project, i want to make sure I do it right. Thanks again for both your wisdom

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