How to Negotiate a work-for-hire Contract?

RainbowDragon

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Well, I asked for it, looks like I'm getting it. A real live contract to write an indie script that is, I'm told, on track toward real live funding. Not sure I believe it yet, but if a real live check arrives and I don't wake up, I'll consider it possible, so long as the check isn't made of real live rubber. :)

I have the WGA short form to use as a template. What are the major points as far as what to expect in terms of:

1. Credit
2. Writing fees (what % of the budget is customary?)
3. When are fees typically received?
4. Other

Basically, what consititutes a "good deal" vs. a "bad deal" and how do I emerge with a good one? Subjective, I know, but I'm interested in advice, stories of bad deals past, what have you. . .it's all good.

Thanks so much for all your help!
 

DevelopmentExec

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Congrats Rainbow.

There are so many variables when it comes to compensation, credit, etc.

The wga's collective bargaining agreement addresses so many issues and there's always language in guild contracts that defer to the terms of the mba for anything that isn't specifically addressed in the contract, or in areas where the mba is more favorable to the writer.

The point is the guild's boilerplate agreements leave out a lot of specifics because the mba's encompass so much. If you're not working for a guild signatory then the mba's don't apply so none of those issues are addressed in the short form contract you're usinsg.

Rights is the most complicated issue. Let's say your agreement calls for an upfront upfront 1,000 and 4% of the production budget. But the producer doesn't get the financing. Who owns the script? I'll give you a hint, unless it's specified in the contract - it's not you if you were are working under a work for hire agreement. The producer is legally the author and copyright holder.

If you don't have an agent, I strongly suggest you bite the bullet and get an entertainment attorney to negotiate for you. Factor his fee into your upfront money.

Good luck