Hi folks! I'm relatively new to Stage32 and have learned so much ever since using the site. I make my living as a freelance writer and recently my boss has asked me to write a screenplay for him based on his idea. However, I'm trying to write a contract for him and trying to make sure that it's fair to both of us. I'm still not in WGA and although I have screenwriting experience I've never written for an individual. I was wondering if you all have any tips that could help me and my boss avoid future legal problems. Thank you!
Screenwriting : What to do when commissioned to write a film for someone by Ingrid Cruz
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Ingrid, my advice is to write a prototype contract (yourself)... and then invest the money to have an entertainment attorney write a more professional one. Last year, I got taken to small claims court over a co-writing gig, and the judge deemed that the contract I wrote was "Vague." The way I generally work is to ask for 50% of your fee up-front to secure your time. Then I ask for 25% to be paid once I finish the first draft. Then I ask for the finally 25% to be paid after they're satisfied with the polished draft being final. After that, I add that the "boss" must re-hire me with a new contract for any future revisions after that "boss" pays you the full 100% of the agreed-upon contract fee. Another thing I'd add is that the copyright doesn't belong to your "boss" until 100% of the agreed-upon-and-signed contract fee is paid. Another thing to add is an escape clause for both of you... as well as a "reasonable time" for your work to be completed and for your "boss" to pay you promptly... and that the intellectual property belongs to you up until the final 100% contract fee is paid. I'd also add a clause that you get a small percentage of the script's sale if you help sell it (which means... keep a paper trail... don't delete any emails... store them all, save them all... just in case). The whole point is that I've had people decide (after the honeymoon period is over) not to pay me for the rest of the contract... after they somehow lose interest... or when their financial situation changes and may not have the same money they did when the contract was initially signed. This is where paying a good entertainment attorney to draw up the contract is worth its weight in gold. Just make sure that the contract is simple, precise, and clear... fair for both parties... win-win. It shouldn't be any longer than 1-2 pages. I then have 4 copies that both of you should sign and date. You get 2 originals. Your "boss" gets 2 originals. Then make copies of your signed contracts. Keep them stored and safe. Create a file and a folder at home to keep all your notes and correspondence. If taken to court, you need to prove "good faith efforts" to keep up your end of the contract... should it ever go to court. That's because if your "boss" decides that they don't like what you've wrote, you might lose the writing gig and your job too. It's a possibility... because an piece of intellectual property created by two people is like getting married and having a baby. In the case of divorce, who has "custody" of the "child" (the script, in this case). I'd assume that your "boss" will ask you (daily, at times) about "progress." My opinion is that you should kinda keep the first draft "to yourself" somewhat... while still showing your "boss" tidbits of progress that shows 'em your good faith appetizer. In other words, keep serving your boss "appetizers"... until the first draft's "entrée" is complete. That's because your "boss" might want to micromanage... which may detour your gumption to finish. As they say, editing is a totally different hat than writing. Hope that helps! All the best, Brian Shell http://www.PassionHero.com Be a Passion Hero... at times, use words.
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Good advice, Brian. Thanks