any opinions on using a imdb legit producer but is not wga signatory?

My understanding is the following.

If it's a very new prodco, then they might be looking to sign a script or two to develop. They can become a WGA signatory at ANY time, but if they have no money and are looking to get a hot screenplay to GET money, then they might initially be looking for a non-WGA writer who will work with them.

Doesn't mean they will, but my understanding is this can and does happen. You should be able to get an idea based on the contract. 'Cos even if they are offering a low option, if the contract states that when they get funding/start shooting, you'll get paid in line with WGA rates, you have an idea as to how kosher they are.

And with William Morris and Endeavor merging, look for a bunch of new producers popping up as axed agents set-up a prodco.

scriptwriter74 said:

any thoughts. i assume this is where you really want to have an agent or attorney tightly watch any option

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Well, you would always want that no matter what. You shouldn't think that just because a producer is a signatory that you can't get screwed. You most assuredly can.

Their not being signatories just makes the screwing a lot easier.

But the fact is, they may not have a lot to give you (though they'll always claim to have less than they have) -- and you always have to face a certain reality.

If you could sell your script to a guild signatory company for a lot more money, you obviously would.

That you're considering selling it or optioning it to a non-signatory company suggests that their offer may be the best that you've gotten -- or may ever get.

So the laws of supply and demand may be working in both directions.

Obviously, it's important to have an entertainment attorney review the contract, unless you are really prepared to have your script vanish forever into the night without you ever seeing either a dime or the rights to the script ever again -- because that could easily happen if you sign something without knowing what you're signing.

With little money being paid and little chance of getting any, it's important, at the very least, to have a clause in the contract stating that credit will be assigned in accordance with WGA credit policies -- which really means that they can't just arbitrarily steal your credit away from you and give it to the producer or the director.

By the way, if I haven't mentioned this -- if you need an entertainment attorney and can't afford one, most states have a "volunteer counsel for the arts" that provides free or inexpensive legal services to members of the arts community, which you can check out.

NMS

scriptwriter74 said:

I have the money, just not the hollywood connections.

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Then you just need to make sure that you hire a lawyer who specializes in entertainment law. It must be that. Nothing else will do.

They don't come cheap, but the alternative is that you're going to get ripped off.

NMS

How exactly do you know they're legit? IMDB list every actor, film and prodco they can find. It doesn't mean they're legitimate, just because they're listed. Having a lawyer look at the contract would be a good idea.

Chances are good you will not get paid anywhere near WGA rates with a non-union prodco. Why? And why or why not should you try to make a deal: First the money:

1 - They don't have to.
2 - They don't often have the budget to.

Now about the Prodco
1 - If it's on IMDB have you seen their other movies? If you can, do so, see what kind of work they do. If it's something you really despise do you want your script in their hands?
2 - It's really good to get credits, even mediocre ones that were paid for because it tells future prodcos that someone else took a chance on you.
3 - Get everything in writing, don't work on good faith, there is no such thing as good faith, it's how much can I get from you.
4 - Lawyer as others said.
5 - Collect a paycheck, working for free gets you nowhere.

scriptwriter74 said:

they have produced movies of 5mill and 3mill budget, the producer was an actor in the movie eagle eye and has 2 scripts of his own thathave been either optioned or are in development by imdbpro.com

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Sounds like a pretty decent start. Now the terms of contract and payment. If you can live with them, then by all means, go for it.

scriptwriter74 said:

I will consider all of your points. I think it is almost about time to turn this over to an agent or entertainment attorney. The producer said he will get back with more info by the end of the week, but he stated he believes he has a director already lined up and he was excited about the possibilty of being the lead. On the flip side I have not seen a $$ amount yet. Of course, I have not promised or given them the ok with my script yet. My feeling is, if they are that interested, they should buy the script and forget the option. What is your thought?

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The thing about options and outright buying is:

Options give them time with less money spent. It's all fine and dandy if he gets a director on board, it's the money people he NEEDS if that makes sense.

An option with a good company is about 10% of what they're going to purchase it as. Say they want to buy your script for the guild minimum at $100,000. They option the script for $10,000 and this gives them 18 months to 2 years to get everything in place, budget, actors, everything. If it falls through, they're out $10,000. If everything is golden they pay you the other $90,000 dollars and the movie is greenlighted.

On the other hand they risk much much more if they buy it outright and they put a lot more money on the line when it's most likely to fail, as it's a cold hard fact that most scripts that even get optioned do not get made.

It's all about risk assessment. Hope that helps.

scriptwriter74 said:

The production company now has listed on their website that they are a SAG signatory production company. I checked this out, and they are!! Hopefully this will mean a more legitimate opportunity over the next week. will keep you all posted with more info if it does come through.

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That's fantastic, good luck with your project!

Just take IMDB listings with a huge grain of salt - last year they but a kabosh(sp?) on people listing imaginary projects, student projects, and things that never got finished - but they're still there.

Make sure to do a search to find out if the projects actually existed.

Of course, if the SAG confirms it...

icerose is right on the optioning. An option gives a prodco the time to develop something without spending huge wads of cash on something that could still fall through. If you don't allow them to option your work, they might simply not go for it at all. If they option it and it doesn't get made, you still get to keep the 10% option payment and the rights to sell it to someone else. In my opinion, optioning is a win-win situation for both parties in every way except the time you have to wait for a finished product.

Do not blow them out just because they're not WGA. If they have a track record and you have an entertainment lawyer and you're happy with the people then just do it, hope they make the film and write another script while you wait.

Life's too short to hope you'll get Universal or Sony into the mix, or even someone less moneyed.

Follow your gut instincts and your lawyer's advice.

And getting real credits is worth a lot. It gets you in the door.

And optioning something for 1000 can get you the full 100,000. It really can.

wga means "contractable"

imdb means "experienced"

Interesting stuff. If you don't mind me asking scriptwriter74 how long had you been floating that script out in the ether?

You might try a hybrid if you're not good on the phone. Call up, talk to the gatekeeper. Tell them you want to send an email but first want to make sure you've got the right person and that they are open to submissions.

Then your email mentions the phone contact. And not a bad idea to have a tiny compliment to the person who took your call, since they might well be the one reading the email.

Being a guild signatory (any guild) doesn't reflect on a producer's "legitimacy", just their commitment to the union cause. The most important things are: how much are getting paid? When? Is the producer able to get the film produced? And in that order. Get a competent corporate attorney who has done film option agreements before and you should be fine. It doesn't sound like you will get rich off this deal anyway, so you should be aiming to get experience, get paid, and then ask for help getting representation. Then keep writing so you have something else to sell. A writer's currency is words.