A novelist in foreign territory

[Roger J Carlson]

I'm not a screenwriter. I don't even play one on TV. I'm a novelist, but I've been involved in an odd situation. I've never had anyone to talk with before that could help, so I'm asking it here.

About a year ago, I was contacted by a Hollywood agent (Rick Brown, Gemstone Talent). He'd been to my website and saw the blurb I posted about my as yet unpublished YA novel (science fiction). He asked to see it. He might be interested in representing it. I sent it to him (it is copyrighted but not registered). He liked it, but had some criticisms which I agreed with. I rewrote it and he said he would represent it for screen adaptation. I objected that I have no interest or talent for screen writing and he said that wasn't a problem. We could sell the story.

I talk with him several times on the phone. He seemed open and honest. He never asked me for any money or promised me anything. I never signed a contract. His interest was selling the screen rights only, not the literary rights, although if we found a buyer, he'd help me find a literary agency for the book rights. In the meantime, I'm free to sell it where ever I can.

Originally, he said there was some interest at Dreamworks, Disney, and Nick. A few months ago, he called to ask if it was all right with me if he showed it to a screenwriter pal. I agreed. I haven't heard anything since.

My questions:
1) Is this normal business or at least typical in Hollywood?
2) Does this send up any red flags? (I've learned a lot about literary scams, but I can't see how this could be one.)
3) Can you really sell an unpublished book to a production company?
4) If he's not legit, what possible purpose could there be?
5) Any other comments?

I'd really appreciate any insight.

[Joe Calabrese]

your questions:

1) Is this normal business or at least typical in Hollywood?
Sort of. Anyone interested in your work will want to show it around to see if there is interest in the industry. It is odd that a release form wasn't atleast signed by you in order for him to do so without fears.

2) Does this send up any red flags? (I've learned a lot about literary scams, but I can't see how this could be one.)
It's not a scam, not yet. But I would be cautious. Do not give him money, no matter the reason. Do not sign anything without an entertainment lawyer's advice.

3) Can you really sell an unpublished book to a production company?
Yes. Davinchi Code, Memoirs of a Gesha, Life of Pi. Done all the time for published ones. Unpublished is just another form. I don't see what's wrong with it not being published other than the fact that it was a stroke of luck someone saw it, whereas a published novel is easier to do so.

4) If he's not legit, what possible purpose could there be?
He's definatly not a major agent and my guess looking for new talent to help him become a big fish. I would make sure he's not a manager (who can attach himself as a producer) not a bad thing, but contracts will need to be clear.

5) Any other comments?
Be careful, but be enthusiastic. You are somewhat protected by copyrighting it and anyone wanting to steal the idea could do so from the blurb on your website alone and copyrights do not protect an idea only your specific characters and the actions they take throughout your story. Since your story is complete, it would be foolish for someone to start from scratch at great expense when they can get it from you for much less.

[JustinoXXV]

" Be careful, but be enthusiastic. You are somewhat protected by copyrighting it and anyone wanting to steal the idea could do so from the blurb on your website alone and copyrights do not protect an idea only your specific characters and the actions they take throughout your story. Since your story is complete, it would be foolish for someone to start from scratch at great expense when they can get it from you for much less. __________________"

I truly believe people do new writers a major disservice by talking about theft, when it really doesn't happen.

If you've gotten such a fantastic manuscript, screenplay, etc. that someone would want to "steal" it, then you should have no problem selling it. The studio or publishing company would be more than eager to deal with any would be plagarism cases.

It sounds like the guy shoppped the manuscript around and got no bite. So what he does is take the script to a screenwriter friend of his to get him to analyze it. Nothing shady. I've been there myself.

Oh, by the way, as for the names this person through around, a lot of newbie agents can do that. Whether or not they'll be able to deliver or not, is an entirely different thing. A lot of people want to call themselves agents or managers. But many haven't the slightest clue in how to identify a good script.

But back to stealing. I think all writers, myself including, would be best served by continuing to improve our writing. And doing whatever it takes to get there. Worrying about theft at best won't get you anywhere, and at worst is a cripping distraction. Since the people on the development oe editorial end think that 99% of scripts submitted are trash, chances are they aren't going to steal your work.

[Joe Calabrese]

Roger was obviously worried about something, otherwise he wouldn't have asked the question.

So, I am not doing anyone a disservice.

My statement was to alleviate the fears he obviously has and simply put:

It would cost more for someone to steal your work and write a new script than to buy your script in the first place.

Of course be careful with who ever you deal with because they only look out for their best interests, but be enthusiastic, willing to work and hire people who will look out for your best interests (entertainment lawyer).

Maybe I wasn't clear.

[Roger J Carlson]

To clarify, I'm not especially concerned about stealing. I only threw that business about copyright in there because the agent asked if it was copyrighted and it was. My main concern was more of a general "Is this really how things work out there?" and "Does this throw any red flags?" kind of thing. The whole business seemed odd, but then Hollywood is odd. I figured if there was something funny about the business, someone here would know.

You guys have eased my mind on these issues. Thank you. I'm not really expecting anything to come of this, but if it does, that will be great.

I've got more to say on the copyright thing, but I'm going to start a new thread.

[Chesher Cat]

I'm not a screenwriter. I don't even play one on TV. I'm a novelist, but I've been involved in an odd situation. I've never had anyone to talk with before that could help, so I'm asking it here.

My questions:
1) Is this normal business or at least typical in Hollywood?
2) Does this send up any red flags? (I've learned a lot about literary scams, but I can't see how this could be one.)
3) Can you really sell an unpublished book to a production company?
4) If he's not legit, what possible purpose could there be?
5) Any other comments?

I'd really appreciate any insight.

My credo is check people out before giving anybody anything. I've never heard of these guys so I googled Gemstone. First red flag: they have a P.O. box. Second red flag: they are in Santa Clarita. Third red flag: they represent every type of talent possible. Fourth red flag: they have an additional website that sells autographed headshots of their nobody clients. Fourth red flag: they don't say who the principles are. Fifth red flag: their website is tacky (unprofessional).

Overall, they are probably harmless but I doubt the guy has contacts at Dreamworks.

Screenplays should always be registered with the WGA. You can also register novels and treatments with them. It's easy to do online at www.wga.org for $20. I disagree with whoever said nobody steals - it happens all the time, there's just not much you can do about it. I'm not saying it's always intentional but it does happen. But if you are a good writer, keep writing and your time will come.

If your ideas are high concept and really original, I wouldn't put them up on a website. And again, always check people out before you do business with them.

[JustinoXXV]

"You can also register novels and treatments with them."

No need to register novels with the WGA. If you haven't registered a manuscript with the Library of Congress, the publisher will do it for you. WGA registration carries no wait with them.

And when all is said and done, the WGA is just a private body take that your money and holds your script for 5 years. LOC registration is perputual and it is the only legal registration per se.

Even the studios or producers, when they buy a script from you, would do LOC registration.