So I have an individual that is really interested in one of my scripts. As busy as she is with her workload I'm surprised she took the time to read my work. She is on IMDB as well so she seems legit. This person is an actress, director in some shorts and is working on a TV show series. She wants me to fly down to LA in March to shoot the script on her property and rent out a studio for green screen. She already has a team put together. I want to sell or option this, but she rather work with me to put this together so that we can present this at a film festival. She's not asking for money or anything so I don't see this as a scam...or is it? She also wants to talk about structuring contracts when I fly to LA. So I don't know what the process is. Anybody have any idea on what this process looks like? I'm treading carefully with this kind of stuff since I'm new to this realm of work. Thank you.
Screenwriting : Certain question by James Pappoe Jr
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I don't have any experience but if you go with her, make sure you get everything in writing to protect yourself. You seem to have done your research. If you didn't or don't have it, check out IMDB Pro which is more for finding out about people's position.
What does she want your roll to be if she has a team put together? If she is not optioning or buying the script, what is your compensation?
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Process? Hmm... Look, you're going to guerilla shoot a feature (I'm guessing a short). As far as I understand, there's no money down: your not paying, and she's not paying you. The process is basically straightforward: you'll sign a release form and a contract, and hopefully, you'll get some credits and maybe some festival awards. What you have to decide is who gets the credit for what, and how to share future profits and awards. If it's a short, there's no money anyway, so nothing to be too scared of. You can contract an entertainment lawyer to help through it, but it's not essential.
Just make sure the person is legit. Check who else is in this project: DP, gaffers, production assistants, light crew, etc. These people work on dozens of features and shorts, so they can smell bullshit from a distance. If you have an experienced crew working with her - in multiple projects - this is usually a great sign.
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Who's paying for all this? Just get the business end done first, call/skype with this person and go over everything. Then, if she is legit, follow up with a signed contract (ask a lawyer), form a LLC for the movie and work together for XXXX months/years. It's basically a marriage but have a legal way out (divorce). One project in your life shouldn't be your whole life.
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Owen, it's a feature. The plan is she wants me to take the important parts of the script that sticks out, fly down to CA so we can shoot the important stuff I have chosen, create a 10 minute trailer or short out of it so that we can send it to festivals for funding and create this film into a feature if we get funding.
Dan: For the small shooting she will be paying.
Sharon: Yeah, I should've asked what my role is in this. I'll call her here in the next couple of weeks. Last time I had a conversation with her was back in September. Didn't want to be a pill to her calling alot.
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James Pappoe Jr that's awesome. Get your paperwork in order and put a deadline for her to do what she says she can do. She's on the clock. March is 3 months away. Not a lot of time to prep.
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Sounds promising, James. Good luck! Keep us posted!!!
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James: Based on what I've read it sounds promising. Get the producer to pay for your flight and expenses too.
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I am not an attorney and I wouldn't take this as a substitute for legal advice. But I definitely would be aware of the following.
1. It doesn't cost much to do a small shoot of sorts, and even with a green screen, on the low-end of the cost range.
2. I'd make sure to have a legal agreement in place that I'd be okay with - and it would include
a. current ownership definitions of the finished tape, including copyright applications.
b. ownership rights of the story, screenplay and characters in that screenplay used as the basis of the tape.
c. a cost/budget breakdown from pre-production (including all of my personal/travel costs) to post-production of the tape; and marketing/festival/contests, and other costs associated with the tape.
d. creative control definitions - what is chosen for the tape; any rewriting for the content of the tape; the production responsibilities; and the direction roles/responsibilities/choices.
e. logistics about the tape that is going to be produced (format, number of copies, time frame, place/personnel, disbursement).
f. the compensations for all of the personnel associated with the production and marketing of the tape.
g. the scope and details of the plans regarding festivals, contests, shopping and other activities.
h. language that states that the ownership parties have to agree on any option and shopping agreements, and on any sale and the amount.
i. language that states that at a certain point in time, the ownership rights of the underlying story, screenplay and characters revert back to me (if I gave that up to the partnership), if nothing happens with the tape by the agreed-upon time frame; and that the actor may continue to use the tape for audition purposes.
j. language that states that we are kept together as production/co-production partners as defined in the agreement if the tape gets sold to be produced.
Just to play devil's advocate on myself here...I go and spend a couple thousand to get there/be there, we shoot it, I sign something that allows the project to be shopped, some producer offers us a little bit of money for the project...and I lose ownership and any additional potential production credit at that point. Or she sells it to someone against my wishes or even without my knowledge because I didn't sign an agreement that calls for both of us to agree to any type of sale, and now my original story is tied up for awhile in legal land, and I look kinda not so bright and I have to spend many thousands to straighten things out. Or I die, my work gets made into a great film, and my estate doesn't benefit from that because I didn't set up the necessary legal protections. That's just three of many. Shit happens.
Best case scenario...shit doesn't happen,and everything works out for the best.
So I'd protect myself. If she's a pro like I think, then she's used to the proper types of contracts. It's my work, my passion, and my blood, sweat and tears. And I hope it turns out to be a best-case scenario. And before Summer 2019. But I'd protect myself, because anything can happen if I don't. And I'd have no problem giving my work for free to the cause, if I'm satisfied that the cause is a just cause for all of us.
Best wishes and best fortunes to all!
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Phillip, that's one of things I'll bring up to her. If she's persistent on my project and wants me there, that's one of the perks I would like in a contract.
Bill, I might need an entertainment lawyer for this. Even the small details like these matter. Where can I find one who knows these things?
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James: I would start here, there are a handful of great ones. Best wishes and best fortunes to you, bro!
https://www.stage32.com/education/tag/legal
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Just remember that sooner or later you will have to wait. It's neither a good nor bad thing. Just the way Hollywood works. Like the army, hurry up and wait,
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My man... Way to write, way to network, way to work it.
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Bill Albert, I'll take that to heart. Thank you for the advice.
Shawn Speake, thank you. It's fun and interesting getting to meet people in this kind of industry. Great people.
Bill Costantini, thank you for the information. I'll let you know when things start rolling. Big help.