Adaptation Advice

[sstaubin]

I have just had a conversation with an author about writing a screenplay that will be an adaptation of his published novel.

I'm not in a position to purchase film rights so how should I proceed?

What legal arrangement should I have in place before I start writing to protect both of our interests?

[odocoileus]

Find out who owns the film rights - may not be the author, depends on the contract. Call the publisher and ask about subsidiary rights for the novel.

Negotiate an option with whoever has the subsidiary rights. Use an entertainment attorney if possible - if anything comes of the project, you will deeply regret not having proper contracts etc.

The option would give you exclusive right to sell a script based on the novel for a set period of time.

The option should be for approx. ten years, if possible, because it could easily take that long for a movie to be made from the book.

If you can't afford an option, or you can't negotiate one, you'll have to look for a partners who will put up money in exchange for a piece of the pie.

Without an option, there really isn't any point in writing the script. You can't sell it. You may not even have rights to use it as a work sample.

[sstaubin]

Thanks odocoileus.

Assuming the author owns film rights and I can negotiate an option with him, what am I looking at for a split with him? I can't afford to put up any cash. I'm in this to make money not spend it.

Is there a difference between film rights and subsidiary rights?

Do you know any links where I can find this type of contract?

[odocoileus]

Film rights are part of subsidiary rights. People in publishing use the term.

You're posting from Canada, if I recall. You might call the Writers Guild in Canada, check out their website etc. The same for the WGA here in the states.

Examples of option and partnership agreements:
http://www.scriptsales.com/Examples.html

There are such things as "one dollar options", "dollar options" etc. Google these terms. See what people's opinions are.


These books go into detail about contracts, options, partnerships etc. Some of the books have sample contracts.

This Business of Screenwriting
http://www.amazon.com/gp/product/1580650163/103-0900843-2143856?v=glance&n=283155

The Writer Got Screwed but Didn't Have To
http://www.amazon.com/gp/product/0062732366/ref=pd_sim_b_2/103-0900843-2143856?%5Fencoding=UTF8&v=glance&n=283155

The Screenwriters Legal Guide
http://www.amazon.com/gp/product/158115352X/qid=1134251718/sr=1-1/ref=sr_1_1/103-0900843-2143856?s=books&v=glance&n=283155

Message board advice is not substantial enough to base a business partnership on. You need a lawyer, and the level of understanding that can come from reading books like these.