Balancing Act?

Isn't there an agent drowning somewhere in all this madness?

Your contract should be very clear about what it is you are being paid for. It is, I assume, detailing that you will be paid for a first draft and a first set of revisions, delivered by a particular date. It should therefore outline four payments. 1. An amount paid upon execution of the agreement (commencement payment). 2. An amount paid upon delivery of a first draft. 3. An amount paid upon commencement of the first revision. 4. An amount paid upon delivery of first revision.

This would be a very typical step deal designed to allow the maximum number of cooling off periods, read: opportunities for the producer to bail if he doesn't like what he's reading. Your contract should mention the possibility of further rewrites as a term/condition to be negotiated, leaving the door open for discussion if more work is required.

Providing a further set of revisions (a second set, if we're counting) is further to the original contract and necessitates another round of paperwork and, I should hope, another round of payments. If you've been paid for the first set, you should be paid for any additional sets. Doing that second set of revisions unpaid sets a precedent that you may not feel like living up to the next time. You were paid for a first draft and first set of revisions. If they want anything more, they need to cough up some paperwork to protect you both.

As for the treatment, it's a separate project and as such requires separate contract. Writers are often cajoled into writing a treatment based on the appeal of a producer offering to go out into the world with it in search of funding but I feel that if they are that serious, they should be able to pony up a few dollars for your trouble.

You should never sign any deal you're not comfortable with and, if possible, your paperwork should be checked over by someone who really knows what they're talking about. I'm not a lawyer or an agent and the above are my opinions only.

Now if I can just have your credit card details...

Tonight, I got back "notes" on the rewrite I turned in. Though it wasn't outwardly stated, it is implied I'm expected to rewrite the rewrite, based on the notes I received. So I'm finding this somewhat curious...

Click to expand...

This question should probably form the basis for your next phone call or email. Is producer asking you to do another rewrite or were the notes FYI? Are you still allowed to work with this material, since contractually speaking it's not yours any more?

Both this new rewrite AND the ten page treatment are needed ASAP. If the treatment is approved I'd have the option to write the screenplay for it, as well. Both are needed immediately, if not sooner. I've not signed a contract for the treatment yet and haven't showed it to them...but I don't want to lose out on the dough for it, either. But I'm going to have to back-burner one or the other

Click to expand...

"Which project would you like me to give priority to?"

-Derek
My Web Page - naked women, bestial sex, and whopping big lies.
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

Or let an agent handle all that crap.

Glad everything got sorted, Boo. Wishing you the best.

Before signing with my agent, I was the one who looked up people to write to, I printed my scripts, bounded them up, hoisted them to the post office and awaited the replies. It's nice being able to just concentrate on the writing and let the agent handle the ins and outs. Two of the four agents at the place that reps me were lawyers in a former life and it's good to know that when my first deal comes, there will be plenty of experienced hands to scruntinise the contract.

But kudos to you for going it alone so far, you must do what you feel is right. I must say, I don't think you'll have a problem getting an agent if you tell them you have a deal set up and need someone to negotiate it for you. I don't think there's an agent in the world who wouldn't be interested in at least taking a look. You've got a great opportunity to ram your foot right in that door. But obviously take your time, go at your own pace.

You're right, there is a great support system here. There are a few egos and sometimes they clash but I doubt there's anyone who wouldn't be stoked to here of someone achieving success in screenwriting, especially when we all know how difficult it is to make progress. Again, good luck to you sir. Let us know how it goes.

Wow!

So there really are real life success stories out there about people making it!

Congratulations!

But do you mind me asking, how did you do it without an agent? Did you look up prodcos which might be interested in the type of genre for your script? And they accepted it when you sent it in unsolicited?

Just wondering