film maker wants my shorts

jerry phoenix · Apr 19, 2010

hiya celluloid awers.

now the title is flippant but i have some real concerns.

this film maker, recently shown at a london film festival and their partner, a successful (although not well known) director have happened across one of my shorts and have emailed me asking if they can make it into a film.

i wrote back excitedly telling them it sounded great, and although the story is on submission to an anthology i do hold the film rights. i went on to say i have newly finished short they might be interested in.

last night i had the thought that i wass giving everything away for nothing. there has been no mention of money or even of giving me a credit, they have simpl,y asked for permisssion.

i will email them again and ask (diplomatically) what sort of contract they would make with me, the writer.

so, guys, what should i, could i expect. are there any form contracts anyone knows of that i could look at. what are industry standards for writers whose work is bought for film.

i am a writer not a film maker. i enjoy writing, not making films. i want to write and i am happy for people to read my work but if someone is making money off it i will want my slice of the pie. how much pie should i looking for here guys?

thanks

8thSamurai · Apr 20, 2010

You should be looking for a credit.

Shorts generally don't make a dime, and they cost money to create and show off. So the pie is a lie, as it were.

Shorts are 'show off' pieces or calling cards to tempt other production companies into hiring the creators. Stephen King even offers his short stories for free.

Asking for money in this case is pretty pointless, there's none to be had.

jerry phoenix · Apr 20, 2010

thanks 8thsamurai.

should i insist on a prominant credit, after the directors name?

a film by
joe bloggs
based on a shortstory by
jerry phoenix

something like that?

8thSamurai · Apr 20, 2010

It'll most likely show up after the screenwriter's name:

written by John Doe
based on the short story 'title'
by Jerry Phoenix

jerry phoenix · Apr 20, 2010

8thSamurai said:
It'll most likely show up after the screenwriter's name:

written by John Doe
based on the short story 'title'
by Jerry Phoenix

ok, that seems fair enough.

8thSamurai · Apr 20, 2010

Glad to help. You can negotiate for something else, but that's how it usually appears.

small axe · Apr 21, 2010

I'm no expert, but ... Remember to keep the rights to the CHARACTERS you created too (if that's not automatically included in the "story by" rights?)

There may be little pay-off in any one "story" ... but if you created the character of "Superman" or "Batman" etc ... that's a freakin' goldmine.

But again ... I dunno if creating your character in a story does or doesn't automatically give you rights to your character. Maybe consider that?

8thSamurai · Apr 28, 2010

The already published short proves rights to the characters, should that become an issue.

(Unless you've created an insanely unique character, I wouldn't worry about it.)

Could be a bonus though, if someone falls in love with a character from the short, and contacts you about a feature based on them. Don't expect it, but it could be cool.

Verbal · Apr 28, 2010

8thSamurai said:
The already published short proves rights to the characters, should that become an issue.

(Unless you've created an insanely unique character, I wouldn't worry about it.)

Could be a bonus though, if someone falls in love with a character from the short, and contacts you about a feature based on them. Don't expect it, but it could be cool.

I agree entirely. The only thing I would add is that, yes, shorts are calling card pieces for all concerned, but I would recommend a provision in your agreement (simple letter agreement ought to cover everything) that deals with compensation for both parties should it ever happen. Just in case.

nmstevens · Apr 28, 2010

Verbal said:
I agree entirely. The only thing I would add is that, yes, shorts are calling card pieces for all concerned, but I would recommend a provision in your agreement (simple letter agreement ought to cover everything) that deals with compensation for both parties should it ever happen. Just in case.

I think the point is, if you're not expecting any financial compensation, that the rights you sell need to be limited.

That is, you have to sell *only* the rights to make a short subject -- period.

No sequels, no features, no TV adaptions, no plays, no other media. No web this or net that.

Just this one short. And that's it. Period. Nothing else. Whatsoever.

You will still own all other rights. And why shouldn't you? You're not getting paid anything. And you're certainly not going to start down some long complicated road with lawyers drawing up contracts for something where nobody is expecting to make any money.

So you certainly don't want to give away the farm on a deal like this. That is, you don't want to sign something that gives away "all media rights" for credit on a little short -- hey, guess what, the short manages to attract Big Hollywood Producer's attention.

So the guy who makes the short goes off and makes Tons o' Cash making the feature version and where does that leave you?

Nowhere. Not even with credit on the feature because you gave away the farm for the sake of getting credit on this little short.

So you want to give something away for credit -- go ahead. But don't give everything away.

NMS

film maker wants my shorts

jerry phoenix

Almost expert!

8thSamurai

jerry phoenix

Almost expert!

8thSamurai

jerry phoenix

Almost expert!

8thSamurai

small axe

memento mori

8thSamurai

Verbal

Suspicious of Bunnies

nmstevens

What happened?