I'm currently negotiating with a potential Agent to represent me and their asking for (X) % gross of the budget. I thought Agents get a % of what you make but this particular Agent is also acting as consultant and is negotiating finance and distribution for the project. Should I be concerned with them wanting a gross % of the budget?
Screenwriting : Gross or Net? by D. Miles
Gross or Net?
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By law agents can only make 10 percent of what you are paid, and can not be involved in the production due to conflict of interest. Is this person a real agent, or just calling themselves an agent? Here is a list of real film agents from WGA: http://www.wga.org/agency/agencylist.aspx
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I agree William. Beware of anyone who asks for money before they produce for you.
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Get an entertainment lawyer to negotiate the contracts. He works for you and gets 5% ... probably worth every penny if he prevents them from screwing you. Just sayin'. The only one I know is mine, Paul S. Levine in Venice, CA.
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Good luck with that D. sounds complicated.
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Thanks William, I sent out query letters to a list of a Agents with WGA. Yes, Don I'm talking to an Entertainment lawyer now! I appreciate all the help from everyone!
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For Don: wouldn't it be better to get the entertainment lawyer's hourly rate instead, in order to save money? And as for other entertainment lawyers. the kid who played Chunk in THE GOONIES is currently one as well.
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It sounds like that "agent" is trying to rip you off. An agent is not supposed to get a percentage of the gross budget. Agents get a percentage of ONLY the sale or auction of an script. I advise you to separate the "functions." Pay the agent what he or she is due for helping you sale or auction the material. And then hire a different person -preferably a lawyer- to handle contracts, etc. Good luck.
Illuminating
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Hi, I agree with Stacey when she said "illumminating." An agent gets 10% of what YOU make. However, to me, this agent is acting more like a producer with negotiating finance and distributing the project when done. Just my opinion, but I would check out the agent first and get some reviews. Financing is obviously a big thing is getting your project made, so if this agent knows the right people and can get it done, you're in, but the % you agree on is up to you. Good luck!
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Listen to the still small voice speaking in your conscience and obey it! If you don't believe God, then, what do you want me to say? Be patience, do your research, ask questions like you're doing, and never let anyone back you in a corner to get an action out of you without doing all of the above. -Saint-