production deal

bobdole

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Hi guys.

I've been offered a production deal recently. I was interested in knowing what you thought of it.

An ambitious and independant film production company wants to direct, produce and distribute (or find distribution, I'm not sure here) one of my feature screenplays. They want me to be an executive producer on it. They're not really asking for much, just 700$ over the next few months (to cover incidental expenses) and 2000$ as a writer's fee once the film has been completed. They would bankroll the rest. The script would be relatively easy to produce. No special effects or explosions. It's just two girls talking. I would get the chance to watch tapes of the cast before going into production. I've never seen any of the films from this production company. They have a few movies made.

Now. I would keep 80% of the ownership profits and sales residuals once distribution starts in 8-9 months.

This seems like a pretty good deal when you think that I'm only risking 2700$ to see my script getting made but I can also maybe hope to make a profit.
 

IceCreamEmpress

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This seems like a pretty good deal when you think that I'm only risking 2700$ to see my script getting made but I can also maybe hope to make a profit.

No, it doesn't. It wouldn't seem like a good deal if they'd asked you for $27.

Any deal in which the production of your script is contingent on your giving someone money is not a good deal.
 

regdog

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Most warn about anyone who wants money upfront to cover there expenses. Please be careful
 

zagoraz

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You're about to get screwed.

No legitimate production company asks for fees from a writer, at any point, ever. It's just NOT DONE.

Run, Forrest. Run.
 

RainbowDragon

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Either you give your script away for exposure and possibly deferred pay or they pay you. You should never pay them. Never. Never. NEVER.

Sounds like they expect the idea of an exec. producer credit might lure writers into paying. Anyone can request a script, pretend to have read it and offer this "deal" to hundreds of writers with very little effort.

Wherever you found these guys, you might want to investigate further and/or report them if it might possibly be a scam (and I expect that it is). They might be fooling others to the tune of $2700. . .
 
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Blondchen

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Wait, they are asking you, the writer, for $2700 towards production? And how is $2K of that a writer's fee if you are the writer?

Seriously, why don't you just mail me the $2700. I'll promise you an executive producer credit, too!
 

bobdole

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Wow apparently I'm an idiot because I want my script to be made. Was Kevin Smith an idiot when he loaded 5 credit cards to make clerks?
 

icerose

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Wow apparently I'm an idiot because I want my script to be made. Was Kevin Smith an idiot when he loaded 5 credit cards to make clerks?

No because HE was making them. You are handing your money to a bunch of strangers that are 99% chance a total scam that get your money, blow a bunch of steam in your direction, then disappear.

If you are going to be making your own film, go for it. But don't blindly hand both your money and your script to an unknown entity.

A production deal is when they say "We're working with a low budget so we're going to pay you 700 up front, and then another 2000 when it goes into production."

That's a small-time production deal.
 

IceCreamEmpress

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Wow apparently I'm an idiot because I want my script to be made. Was Kevin Smith an idiot when he loaded 5 credit cards to make clerks?

As icerose said, you'd be an idiot if you were giving money to strangers and trusting them with it. Kevin Smith knew where every penny was going when he made Clerks.

If you want to spend $2,700 on filming your work, write a great five-minute short and hire actors and crew to film it. Then you'd at least have a strong clip that you could use as a calling card.
 

Blondchen

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Wow apparently I'm an idiot because I want my script to be made. Was Kevin Smith an idiot when he loaded 5 credit cards to make clerks?

Actually, yes, he was. Because the odds that film making it as far as it did were astromonically small.

But if you were talking about maxing out your plastic to make the movie yourself, be my guest! Then you are in control. Read your original post - they want you to pay, you have seen no examples of their work, and you say they are going to bankroll the rest, but still give you 80%? Dude, the math doesn't even make sense!

Joining AmWay is a better deal. Or answering one of those emails about millions of dollars in a foreign bank account...
 

icerose

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Second question, if they can bankroll the rest, why can't they cover the $2700 plus at least a nominal fee for the usage of your script?
 

Rainy Night

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It's just two girls talking? Okay, I'll make you a deal... for $2000 (a savings of $700 to you) I'll shoot it on a weekend and then try and find distribution for it. I'm sure I can even get SAG actors and experienced industry people. We'll make it look professional.

Okay, I'm being sarcastic, I don't mean to offend you, but don't let your desire to get your script made cloud your judgement in financial matters.

There are over 5000 movie made every year, roughly 500 make it to the theatre, and of those only a maybe a hundred show a profit.
 

icerose

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I can't help but feel maybe you think me might be picking on you or putting you down, this really isn't the case, I promise.

Hollywood is filled with scam artists. Scam artists feed off dreams, and those with the most passion for their dreams if they aren't informed are the most likely to fall prey to those scams. And Hollywood isn't the only ones with this problem. See Publish America.

They actually pay you upfront and they are still a scam company.

We don't want you or any other writer to fall prey to a scam. That's all.

Good luck out there, it's a tough place with a lot of pitfalls.
 

dageezer

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On face value of your question.........

Writers fee? Never heard of it, $700 over the next few months for incidental expenses? Whoa...... Red flags are popping up all over this one.

A prodco giving up 80%? That's when the robot comes with arms flapping DANGER WILL ROBINSON DANGER!

Where did you find these guys? Check the Bewares and Backgrounds check thread, see if anyone else has done business with them. Then recheck all over the place.

I wouldn't walk away, I'd run.

Yea, Kevin Smith took a huge risk with Clerks. All movies are a risk. But you have to look at his resume before then and who he was working with. Can you match it?

I'm with Ice on this one, if they can backroll it, why do they need your money?

If it walks like a duck......
 

RainbowDragon

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As icerose said, you'd be an idiot if you were giving money to strangers and trusting them with it. Kevin Smith knew where every penny was going when he made Clerks.

If you want to spend $2,700 on filming your work, write a great five-minute short and hire actors and crew to film it. Then you'd at least have a strong clip that you could use as a calling card.

You could also spend money only on film, find some talented actors, crew and if you don't direct, even a director waiting to be discovered, a director of photography and some crew people and film it for the price of the film as a calling card for everyone involved. You can find talented people willing to volunteer for the experience and exposure.

Is the $2,000 fee for someone to rewrite your script because it's "good but not up to professional standards"? I might know who these guys are, or they could just be using a similar MO. . .

Don't feel badly, you were smart to run it by us on here, we're just looking out for you.
 

GigiZ

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Hi bobdole,

This company may end up turning out good stuff someday but right now they are not ready to do so otherwise they wouldn't be doing things the way they are.
Most people who make something worthwhile usually start from scratch but I have a problem with anyone who relies on the talent to help them build their capital.
It doesn't mean that they are a complete scam or that you should cut bonds with them completely. But I wouldn't pursue this deal.
What pisses me off the most is that these run-ins usually make us lose faith in our work. It would discourage me at least to feel that I came close to being scammed but then you might not feel that way; I'm just wired that way.
In any case, good luck with everythong. Keep submitting your work. I think that getting response is a matter of time when you're consistent with that.
 

gophergrrrl

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Bob Dole, don't do it! Listen to all of us! If you can afford $2700, then shoot your own movie! Don't throw it away on a scam artist!
 

MrJayVee

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Scam alert!

SCAM!

This is one of the oldest scams around. I once knew two budding writers who got swindled out of $10,000 on a similar deal. Once those "eager producers" get their hands on your cash, they're gone forever. Don't fall for it!
 

ricetalks

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You wrote it, right? Youy've got something to show for your work. What have they got to show to you? You're throwing in a script which they like, right? That must mean it's worth something. So, they're going to finance the rest. That means everybody gets paid but you? Does that make sense? Can pay everybody else but you, well, we need money FROM you. Does this feel right? You've got the script. You're going to put up the money. Why don't you hire them and offer them the same deal back? Wonder iff they'll take it?
 

Mac H.

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Hi Bob,

There is good news.

But these people aren't being entirely honest with you. Or they are incompetent. There isn't really a middle ground.

Anyone who knows micro-budget independent cinema knows that there is no way that they can expect to make a profit on this film. That isn't a slam on the script - it is just the reality of indie films. For example, 'Bad Boy Bubby' won the special Jury award at the Venice film festival when it was released. The director has since picked up thirty odd awards. The film has been shown on TV a few times. In fact, it is about as successful as it is reasonable to expect a micro-budget indie film to be. And it STILL hasn't made a profit. After more than a decade.

If they don't know that then they are incompetent as producers.

If they do know that, then by promising you 80% of the profits they are being dishonest .. unless they've 'fessed up and admitted that the profits are as likely as investing in a lotto ticket.

The problem is that even if it turns out to be a smash hit, the finances will be in control of people who are dishonest, so you can never expect to make your money back. (Hint: Profit = Income - Cost. If they are in control of costs, then they can ensure that they get all money coming in.)

That's the bad news about micro-budget film making.

There is great news, however. Really good news.

As you said, you've got a script that is suited for micro-budget.

There are plenty of up and coming people with enthusiasm and contacts who are interested in this kind of thing ... film student directors who want something for their portfolio, film student actresses etc etc.

You know the type - people who are honest and talented but have zero track record.

Why not work with getting in contact with students like that? You'll be in the same position (still having the experience of a script made) with the added advantage that you'll be paying nothing and working with honest people.

Mac
 
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zeprosnepsid

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Yeah, sorry, this is absolutely a scam.

You should just pay someone $2700 to make your movie. Rainy offered =) If I wasn't so busy, I'd shoot it for $2700.
 

nmstevens

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Hi guys.

I've been offered a production deal recently. I was interested in knowing what you thought of it.

An ambitious and independant film production company wants to direct, produce and distribute (or find distribution, I'm not sure here) one of my feature screenplays. They want me to be an executive producer on it. They're not really asking for much, just 700$ over the next few months (to cover incidental expenses) and 2000$ as a writer's fee once the film has been completed. They would bankroll the rest. The script would be relatively easy to produce. No special effects or explosions. It's just two girls talking. I would get the chance to watch tapes of the cast before going into production. I've never seen any of the films from this production company. They have a few movies made.

Now. I would keep 80% of the ownership profits and sales residuals once distribution starts in 8-9 months.

This seems like a pretty good deal when you think that I'm only risking 2700$ to see my script getting made but I can also maybe hope to make a profit.


I'm afraid I'm going to have to add my voices to the others around here.

The problem with the above deal isn't that it's bad. It's that it's too good.

Too good to be legitimate.

Presumably, you're not directing, not producing, not distributing, are only expected to kick in 2700 dollars, and yet for that amount, they are willing to give you 80% of the profits and residuals?

Which means that everyone else involved -- they as producers (and if they direct, as producer/directors) -- or if they hire a director, whatever points they would give to a director, plus all residual payments that come in to them, would amount to twenty percent?

How could that possibly make sense? Even if it's just two girls talking at a table, you still need to rent equipment, have a crew, feed them, presumably pay your actresses, edit the thing, pay for pens and pencils and scripts and cab fare and the electric bill while all of this is happening.

Even if your 2700 dollars covered *all of it* -- would that mean that they're taking no fee at all -- working for free up front for the entire length of time it takes to make your movie, which may never be released at all, and even then, they're willing to settle for a mere twenty percent?

And if they were actually bringing in financing of their own to the production, their accepting twenty percent becomes more ridiculous the more money they bring.

With one possible exception -- and that if the whole thing isn't simply a scam designed to milk you out of your money on the false promise of turning your script into a movie -- so long as you pay. A little bit at first. And then more. And then still more. And then still more.

Look, if you don't trust anything that anyone here says to you, then take one single piece of advice.

This is a significant business venture. Talk to an entertainment attorney before you sign anything. I strongly suspect that any entertainment attorney will tell you what we've told you here.

If you can't afford one, most states have a Volunteer Counsel for the Arts which provides lawyers for little or no money for members of the Arts Community. Call the local bar association and check.

If you feel that you really want to go forward with this deal, do not do anything without consulting an attorney.

Everybody complains about how expensive having a lawyer is, but those that enter into significant business deals without one often find out just how expensive *not* having a lawyer can be.

So if you're uncertain about anything else -- at the very least, talk to an entertainment attorney about this.

NMS