Producing : Production Puzzle conundrum by Fausto Ortega Villarreal

Needless to say, a lot depends on your own track record.If you have a documented history of developing big projects and nurturing them to box office success, it will make a deferred payment easier to suggest to the writer. If you're an obvious newbie, you're probably going to have to pay significant upfront money, especially to an established writer who'll also want back-end money included as part of his payment.

I have a mid-budget (17M) indy film in preproduction. Trackrecord in advertising big brands.

Thanks for your answer. I would appreciate advice a bit more focused on my specific situation though

First, make sure you've established ownership and rights to the IP (copyright, contracts, etc.).

Then organize a Zoom meeting with the writer, the actor and the studios with the specific purpose of mapping out a strategy.

Everyone should be given specific tasks:

the writer, to start his adaptation

the actor, to sign a letter of intent

the director (I'm assuming that's you), to assist the writer in crafting your vision

the studios, to actually put up some dev money (it doesn't have to be a lot, but something) - as well as reach out to their sales agent/distribution contacts to test the viability of the project and start defining a budget

What you're going to find immediately is EXACTLY how interested these parties are. If they're willing to put their money/time/contacts where their mouths are, you've got the beginnings of a team that will get it done.

If anyone hems and haws, makes excuses, wants to see somebody else commit first, or flat refuses to participate at this stage, here's what you do: MOVE ON. IMMEDIATELY. CUT THEM OUT RIGHT NOW.

Don't hang on to someone who isn't committed to sweat equity, who wants "to see how it develops." What they're really saying is, "I want to go along for the ride and maybe make some money/prestige without having to do anything." This type of person will drag your project down.

Politely tell them that they're not right for this project, and move on.

This is what my experience has shown me.

Hi John, thanks for your comment and advice.

I have secured the IP

I am at that point of needing the writers to start writing but have no cash yet. I am trying to get them to start on a deferred payment but for an established screenwriter I don't want to screw it up.

Its all about to have the right spark to light it all up

Good luck and keep moving forward!

I would put some feelers to WGA office, make sure you're legally legit from ground zero. Assuming the Oscar nominated screenwriter is a union member, and with reps working for commission fees.

Thanks Cherelynn.

Thank you Dan for that tip. I had actually made an inquiry but they directed me back to his manager.

Seems the big trend now is managers producing movies written by their writer-clients. Now sure their deals before they solicit $ from buyers. And prepare mentally & financially for at least 5 years to make.

Check Lit Management. The manager/owner just produced “Free Guy” starring Ryan Reynolds, and you have an Oscar writer name to solicit a professional courtesy reply back.

Oh, that's a very good idea Dan. Thank you mate! Do you have any thoughts on contract options. As in deferred budget percentage and such?

Fausto. I have never played the big game. Your budget is $17M. Well above my pay grade by $16.5M :)

OK, so basically, your main leverage in this potential deal is the IP. Where you are stuck, it sounds like, is development cash to pay the screenwriter. If you can find that, you're a producer.

Have you talked to the writer's rep? In your shoes, my first step would be to talk to the writer's agent or manager and ask for a ballpark of the sort of deal the writer would need. Then figure out how to pay for it.

Hi Christiane, thanks for your comment and advice. I did ask for a ballpark figure, he said what I expected "I am not going to negotiate with myself" it's a who's first question the egg or the chicken. I have "secured finance" with one of the companies interested but they want assurance that this particular screenwriter will pen it. It's all about saying the right things at the right moment to win or lose it all.

Fausto Ortega Villarreal Yea, that makes sense. Having never negotiated something like this (in case that wasn't obvious :D ), I can't tell you how to catch the dragon's tail.

Will the people who have pledged finance consider an upfront payment to get the script rolling? I highly doubt that a writer in that position would work solely on spec, and it would be inadvisable for any writer really. Even if your upfront were only modest, that could be ameliorated with a more generous backend than usual.

As a broad suggestion, anything that keeps the ball rolling is in your best interest, so long as all parties involved are sanguine with it. If the next step is 1st draft, yeah, whatever you can do to facilitate that.

I hope they will Christiane. II need a very clever approach that satisfies both sides and as Kay says, that keeps the ball rolling. It's a really a of bit nerve wrecking stage since I need to play a bunch of scenarios in my head hoping to come up with the right one.

I stick to my previous post - if people aren't getting excited about the story:

1. they're going to be unwilling to do anything without pay, which would make me question if I want to work with them or not,

2. ask yourself why aren't people getting excited - it may be that the story isn't good enough to light the fires (harsh, but realistic).

I've been in your shoes, Fausto Ortega Villarreal, and my experience says this: start with the story, work on it until people, when they hear your elevator pitch, go, "OMG that's awesome! What can I do to help?" Not only is this telling you the story is ready for the next step, but that the right people are getting it. And by right I mean kindred creatives, the people who resonate with the story. For example, I would not be the right guy to participate in a horror film. Horror isn't my thing. So finding people who love action, drama whatever your IP is about, is key.

Once this is happening, you'll be amazed at the doors that suddenly open! An example of this, using Christiane's post from above - forget contacting the writer's rep. If the writer isn't himself talking to his rep about this project, either he's not the right writer, or the story still needs work. This is what my experience says.

Fausto Ortega Villarreal I hear you and best of luck.

Well that is exactly the thing John. The creatives are in for it. But now I am at the stage of talking business. All the OMG parts are there. It's the put your money and your brains where your mouth is mate stage. I am just really figuring out the best way to play the business strategy part of it.

Thanks for your interest