Screenwriting : Optioning a Screenplay by Timothy Moran

Timothy Moran

Optioning a Screenplay

Hey Everyone! I would love to get your thoughts on this... In July an independent Producer gave a verbal agreement to option a horror screenplay that I have written. No contract was signed and since then they have gone MIA. I've reached out to them but haven't heard back at all. Nothing but radio silence. I'm wondering if anyone else has had this happen and how long you waited before moving on.

Cheers!

Leonardo Ramirez

Hi Timothy Moran - I somewhat had this happen but it was before Stage 32. IF that happened here, I'd reach out to writerhelp@stage32.com. If it did not happen here, I would encourage you to consider other opportunities. You don't have anything in writing so you're not obligated. If they ever come back to you, then respond to them according to the timing of what's going on with you. A verbal option is not an option. An option is when there's a written agreement and money is exchanged. Hope this helps.

Timothy Moran

Awesome! Thanks Leonardo!

Leonardo Ramirez

You are very welcome, Timothy Moran

Martin Reese

Until the agreement is signed keep pitching and sending the script out. it's first come, first serve. You have no obligation to wait. Things happen all the time in this industry. Deals can fall apart. Financers back out. It's neither bad nor good it's just the way it works.

Kiril Maksimoski

Always have a written deal...no matter how trivial the service is.

Cyreita Drummond

sounds scary Timothy as I have a guy who is trying to do verbal and skate around an agreement and if they want to work with you they should be transparent but I am a newbie let’s see what more experienced people feel but I want to collaborate but I am one who just doesn’t trust easy so much dishonesty. one of the things that brought me to Stage 31 is having people try to do this all the time but not being honest

Timothy Moran

Thank you so much for the advice everyone! I appreciate it!

Eric Christopherson

I've had interest in my scripts from roughly ten independent producers, and in all but one case, they have sought a shopping agreement, rather than an option. (I've had an option offer too, but that came from the CEO of a production company.) In a few instances, these producers sort of ghosted me after a while. I assume that's what happened here to you, Timothy, and now that you've reached out, I'll second that it's likely time to move on ...

Jeelan Syed

Could it be they went cold because of the Writer's strike? Now that it has ended, it would be worth to reach out and give them a nudge.

Mario Leone

Is there a paper trail? Is there any text messages and or emails or anything that transpired with the date and time on it?

Was it copy written? Was there ever a written option agreement?

Timothy Moran

Mario Leone There was no written option agreement, just verbally through meetings and then some follow ups through messaging, but yeah overall I feel that it's time to move on like people here are suggesting!

Pidge Jobst

It is effortless and professional for any party to communicate. Regardless of the reason for the sudden silence, whether they are onward with the newest project flavor or they are checking on your project with financing from their sources, continued communication is key no matter the phase if a party wants to remain in good standing. This happens more in the entertainment industry than when dealing with corporate America unfortunately. In these cases, we remain with integrity on our end and still "close out" the business transaction with a short, respectful, and polite letter along the lines of: "We have made several attempts in communication with you concerning furthering ___________ (said project) without a response. We can only surmise the project has been tabled. We truly enjoyed working with you. and If in the future the project receives renewed interest, please let us know. Sincerely..... [In most cases you will hear back from them].

Maureen Mahon

Timothy, if there was no money exchanged and no agreement signed, you're not tied to that producer at all. I would send them an email stating that since you have not heard back from them in (how long?), you're assuming that you two are not going forward with the option agreement you had discussed on (what date?), and let them know you are moving on to other opportunities. That way everything is clear and it's in writing just in case.

Mario Leone

Timothy Moran Relying only on a verbal agreement to option a screenplay entails significant risks and this is an insight of learning. Situations can now stem from the lack of clarity, enforceability challenges, and the potential for misunderstandings.

Without a written contract, the terms of the option, including duration, financial considerations, and any conditions, remain ambiguous and susceptible to differing interpretations.

This wishy washy ambiguity not only increases the likelihood of disputes but also hinders the enforceability of the agreement, as proving the agreed-upon terms becomes challenging in the absence of documented evidence.

A written agreement adds a layer of professionalism and credibility to the business relationship, demonstrating a commitment to the project.

To avoid future exploitation, protect intellectual property, and navigate potential changes, formalizing agreements in writing and seeking legal advice are essential practices in the entertainment industry.

Am I a lawyer? No way... I did study Law for contracts at Harvard online. Live and learn.. I only care to protect you the writer...

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