Dark Scrawl contest

heatgirl said:

Okay so this contest is weird...
If they pick ur script for a winner they bind you into a contract (because its a production company) This is part of that contract which I found odd..

"If said chosen screenplay is chosen as a winner, it will be immediately bound by an exclusive 60day option Agreement with NEO. If NEO formally expresses its intention to purchuse said Screenplay before expiration of the Special Option, I fully understand and consent to the additional requirement that I enter into a 12-month Option Agreement."

12 month option? It seems a TAD long to me.

Also it has the payment to the writer if the script gets put into production, if the budget is below 5 Million the writer gets 1% of the budget! It is still alot of money but it made me think that these people will do whatever they can to have it not go over 5 Million so they can pay us less!

Maybe I'm being silly but the whole thing seems odd...

Click to expand...

A one year option is not odd. In fact, a year to eighteen months for an option is pretty standard. Generally, for option agreements, it would be a year and then they'd have the right to re-up for another year with an additional payment.

Of course, you're buying into a deal that doesn't pay you anything at all -- except the privilege of having someone agree to try to make your work into a movie and then, if they can't you get nothing.

The idea that they'd try to limit the budget in order to pay you less is silly, since *they* aren't paying you anything.

You would be paid by whoever is financing the movie, and if they could get somebody to pay them eight million dollars or twenty million dollars or fifty million dollars, do you really think they'd want to have a smaller budget in order to pay you less?

Believe me, the amount that they'd be paying out for you *after* the movie is financed, represents a very time line item on the budget.

The real issue -- and it's a question that most beginning screenwriters have to answer, and for which there's no right answer -- is whether you are prepared to give free options on your work.

Your script is only new once. There is only one chance for it to be shopped around town. And if it is shopped around that one time by a producer that nobody knows or that nobody likes, and it is turned down because nobody wants to be in business with those guys, it will then be "shopped out" and it's chances of getting made can be blown.

Of course, that's not to say that you have a ton of opportunities knocking for your script. A so-so "yes" may be the only "yes" that you'll get. So if you turn it down, you have to be willing to accept the possibility that no other "yes" will ever come your way.

It's because they know that and count on that they producers offer free options. They know that it's a buyer's market.

The real question is -- are they prepared to let you have a lawyer look at the contract or is it strictly a "take or leave it" deal?

If they are, then you should have an entertainment attorney look at the contract -- not for the big terms which are probably going to be non-negotiable, but for the little terms (such as if the script doesn't sell when and under what circumstances do you get it back, because there are often strings attached) and what are the rules regarding credits and residual payments, etc. -- which you are not in any position to negotiate yourself.

If you can't afford an entertainment attorney, most states have a Volunteer Counsel for the Arts that provides cheap or free legal services for members of the Arts Community, which you might check into.

But signing a contract without knowing what your signing often costs you more in the long run.

NMS

The people at NEO ART & LOGIC are great, but I'm not sure how they interface with this contest.

Many of these contest monetize the search for material. Basically, someone profits off a script search. This is in contrast to the traditional methods of a production company, studio or agency footing the bill to find worthwhile material. My agency doesn't charge a writer to submit a script for consideration. Neither do the studios or production companies.

I disagree with the ethics of these sorts of contests, because, while organizers line their pockets with cash from entry fees, writers will find very little profit of their own. But desperate scribes will resort to anything in the belief they can be discovered - even if the contest campaign is mostly apocryphal ballyhoo. That's not to say this contest cannot deliver. But this isn't Project Greenlight, which guaranteed the winning script a production.

The way I understand it, if you win this contest, there is a 60 day waiting period (sort of a free option) while NEO determines if they're interested or not in the script. If they are interested, they will option the material for one year for $500.00.

I'm not clear what the winner gets if NEO passes on the script.

Always inquire about the end of the option period. Most options have a first rights refusal clause, which gives the contract holder the right to option the material again before the writer takes his material back. If this is the case, make sure there is an additonal fee paid to you for this extension.

And as NMS suggests, an attorney is a wise idea before you sign anything that could lock up your script for a period of time. (Ironically, it will probably cost you half of the prize money.)

To be honest, $500.00 is more money than most any writer will ever make in his pursuits, so it could be a worthwhile venture for the winner. But since I believe most contests are just a waste of money, writers should invest entry fees in contests with big cash prizes that could really help to make a year of writing a bit easier. (No options, no contracts, no promises of stardom or representation - just cold, hard cash!) Since most contests are illusions anyway, it doesn't make sense to invest in one with a prize that isn't definite (like a possible option).

nmstevens said:

The real issue -- and it's a question that most beginning screenwriters have to answer, and for which there's no right answer -- is whether you are prepared to give free options on your work.

Click to expand...

No - the real question is whether you are willing to PAY $20 to get the free option!

Let's just say you want the deal with Neo. After all, it might be OK.

You have two options:

1. You can submit your work to Neo directly via a link on their website. This is free. -or-

2. You can pay some money to an unlicensed literary agent .. who will pass it on to Neo.

So what the heck is the benefit of this 'competition'?

And who is this mysterious agent (who has already negotiated this deal with Neo) who is getting paid by you for passing scripts on? Perhaps if this was someone high-powered in the industry .. someone who's opinion is sought after by all and sundry ... perhaps it would be worth it.

Except that he seems to forget to provide handy links so people can use this information to make a decision. That seems odd ... especially since it is their reputation and good name that you are effectively paying them for.

So who are they? Thankfully, you don't need to wonder. Here's his website: http://www.andrewbentonconsulting.com/About.html

Now you have that information ... would you pay him the money, instead of simply clicking the damned link on Neo's website yourself?

Mac
(The logic behind figuring out who they really are is listed here: http://messageboard.donedealpro.com/boards/showthread.php?t=42871 )