Unique situation with unpublished book and screenplay. Would like to hear people's thoughts.

Briarose · Jan 31, 2016

Just wondering if I could get some feedback on my situation. My first screenplay has garnered a lot of attention. I am currently developing it with a producer and have a production company which is eager to read it once its been developed. Because this is my first screenplay, I do not have an agent and plan to use an highly recommended entertainment attorney for deals attached to the script. My question is, this screenplay is based on a non-fiction book that I wrote which the screenplay is based on. The book has also had considerable interest. It is on a very unique topic.

How does a situation like this work? Do I need a literary agent for the book? How do the rights work? Would the company that is buying the script buy the film rights to the book even though it is not yet published? Should I be contacting a literary agent?

Any help would be highly appreaciated! Thank you

T Robinson · Jan 31, 2016

Cyia · Jan 31, 2016

First and foremost, VET THE PROD. CO. Make absolutely, rock solid sure that they're legit and that they have produced other projects. Your wording has me concerned that you've not done this.

Does this producer not work with a production company? Why would a producer be helping you develop a screenplay for a production company that may or may not want it once it's developed?

Second - and please do not take this as an insult - your writing, as demonstrated in your posts makes me wonder about the quality of your screenplay. I'm seriously concerned.

When you say interest, what's the context? Who has shown interest in the screenplay if it's not developed? Who has shown interest in the book? What sort of screenplay are you writing from a non-fiction book? Is it a documentary, or an actual film?

On to one of your questions: If you sell a movie, then novelize it (or write a book about it), then there are no film rights left.

But seriously, the phrasing here is very concerning to me.

T Robinson · Jan 31, 2016

Just realized you are new, so my answer might not mean much to you. You are in the area of legal opinions, so don't trust anything you get off here or anywhere online (see FAQ's). Yes you need competent legal counsel for all your questions.

Briarose · Jan 31, 2016

1. The production company and the producer both came through personal contacts of mine. They are friends of friends. Not are they both extremely legitimate, they have been behind a good number of projects that have made many millions of dollars.

2. The producer is an independent producer who is helping me develop the project because he is very interested in the topic. This individual who is the producer and this production company have nothing to do with each other. These were two contacts who I told about the script and they were both interested. They are not doing me any favors, they both are interested in the script because it is a very unique project. I am a first time screenwriter with a unique project and the only reason they are paying me any attention is because of the topic, not because they are trying to be nice to me.

3. Not sure why the writing in my posts worry you? I might have errors because I type very fast, but this does not reflect the writing in my script...so no need to worry.

4. The book is a non-fiction which is sort of a bio, I don't want to say a lot about it, but it was adapted into a script for a full length feature film. I am not going novelize it, the book was pretty much complete before the screenplay was started. I had an agent show interest at the book, but this was before I started the screenplay, and I spoke to people who told me to wait.

Cyia said:
First and foremost, VET THE PROD. CO. Make absolutely, rock solid sure that they're legit and that they have produced other projects. Your wording has me concerned that you've not done this.

Does this producer not work with a production company? Why would a producer be helping you develop a screenplay for a production company that may or may not want it once it's developed?

Second - and please do not take this as an insult - your writing, as demonstrated in your posts makes me wonder about the quality of your screenplay. I'm seriously concerned.

When you say interest, what's the context? Who has shown interest in the screenplay if it's not developed? Who has shown interest in the book? What sort of screenplay are you writing from a non-fiction book? Is it a documentary, or an actual film?

On to one of your questions: If you sell a movie, then novelize it (or write a book about it), then there are no film rights left.

But seriously, the phrasing here is very concerning to me.

Cyia · Jan 31, 2016

Briarose said:
1. The production company and the producer both came through personal contacts of mine. They are friends of friends. Not are they both extremely legitimate, they have been behind a good number of projects that have made many millions of dollars.

Okay, this scenario is much less worry-making. Congrats on the foot in the door!

2. The producer is an independent producer who is helping me develop the project because he is very interested in the topic. This individual who is the producer and this production company have nothing to do with each other. These were two contacts who I told about the script and they were both interested. They are not doing me any favors, they both are interested in the script because it is a very unique project. I am a first time screenwriter with a unique project and the only reason they are paying me any attention is because of the topic, not because they are trying to be nice to me.
Also much less worry-making.

3. Not sure why the writing in my posts worry you? I might have errors because I type very fast, but this does not reflect the writing in my script...so no need to worry.
On their own, a few typos don't bother me, but mixed with a new poster who could very well be a starry-eyed, naive kid on the hook of a scammer, they can be red flags. Glad to know that's not the case here.

4. The book is a non-fiction which is sort of a bio, I don't want to say a lot about it, but it was adapted into a script for a full length feature film. I am not going novelize it, the book was pretty much complete before the screenplay was started. I had an agent show interest at the book, but this was before I started the screenplay, and I spoke to people who told me to wait.

Okay, so with this in mind, you'll still get better answers out of an entertainment attorney. But basically, if you sell a movie, there are no movie rights for an agent to sell. That doesn't mean you can't sell the book, unless there's something in an eventual contract with a production company or studio that prevents it. (Those are very, very tricky contracts, with long passages of precise language, so if you really want to try and sell this as a non-fiction book, make sure you tell your attorney to check for clauses that might be standard, but would prevent such a deal.)

Good luck!

Briarose · Jan 31, 2016

Cyia said:
Okay, so with this in mind, you'll still get better answers out of an entertainment attorney. But basically, if you sell a movie, there are no movie rights for an agent to sell. That doesn't mean you can't sell the book, unless there's something in an eventual contract with a production company or studio that prevents it. (Those are very, very tricky contracts, with long passages of precise language, so if you really want to try and sell this as a non-fiction book, make sure you tell your attorney to check for clauses that might be standard, but would prevent such a deal.)

Good luck!

Thank you! This is a very unique situtation because the very unique subject matter of my book which is based on research I have done as a historian. I'm actually a young novelist ( not yet published) so this whole world is very new to me. this is my first screenplay and first non-fiction book. Fortunately I have a husband who has a background in the film industry and who knows the ins and outs, he has a very good, very experienced attorney who will be advising me. Also all these people are local to my area (Los Angeles) I just didn't know if I should go ahead getting in contact with agents now ( book agents, not screenplay agents) or if I should wait.

cornflake · Jan 31, 2016

I'm super confused by this.

You say the screenplay is getting "a lot of attention," but then say it's friends of friends. Has it been released into the wild, or are these the only people involved?

Do you have an option contract?

Why would you wait, if an agent was interested in repping the book? What were you meant to be waiting for, and is it these people who told you to wait?

I'm very wary of this whole situation - a newbie writer (what Cyia said rings true to me as well, just btw) with an independent producer and a co. interested because it's a unique topic? It can't be that unique, and it's not yours. So... please tell me you've got an option contract.

Briarose · Feb 1, 2016

1. It has not been released yet into the wild because the first two people I approached were very eager to read it and wanted to work with it.

2. I was given the option of having an option, but I turned it down. I own the screenplay outright now, the producer who has contacts wants to place it at a studio or with a production company, possibly the one that is interested. The producer who I am working with offered me the minimum amount as required by the WGA, I turned it down because I would rather wait until it is bought outright which is what we are preparing for right now.

3. I was advised by friends in the industry that I should wait because the agent who was interested in repping was a small time agent. I wanted to wait for an agent who could get it to the big publishing houses. I have also been told that if the movie is placed with a large studio, they might already have a publishing division and might want to release the book at the same time of the movue

4. It is actually THAT unique, and it is mine. Why would it not be mine? I am the only author/writer.

cornflake · Feb 1, 2016

Briarose said:
1. It has not been released yet into the wild because the first two people I approached were very eager to read it and wanted to work with it. This is a big red flag to me. I'd seek other venues for evaluation were I you.

2. I was given the option of having an option, but I turned it down. I own the screenplay outright now, the producer who has contacts wants to place it at a studio or with a production company, possibly the one that is interested. The producer who I am working with offered me the minimum amount as required by the WGA, I turned it down because I would rather wait until it is bought outright which is what we are preparing for right now. I don't understand this at all. Why in the name of all that's holy would you turn down an option? It protects you. Is this person offering it to other studios?

3. I was advised by friends in the industry that I should wait because the agent who was interested in repping was a small time agent. I wanted to wait for an agent who could get it to the big publishing houses. I have also been told that if the movie is placed with a large studio, they might already have a publishing division and might want to release the book at the same time of the movue Any decent agent or house would be able to coordinate things like this, and agents know other agents. What if the studio has no publishing division?

4. It is actually THAT unique, and it is mine. Why would it not be mine? I am the only author/writer.

You said it was historical, and frankly, nothing is that unique. Shakespeare ideas weren't unique. It makes me worry people are shining you on.

Old Hack · Feb 1, 2016

I share cornflake's concerns. This doesn't seem right to me: I am concerned that you're being taken advantage of here, I'm afraid.

mayqueen · Feb 1, 2016

Here's what I'm confused about: the producer. Like cornflake said, why don't you have an option in place? Is this person working on spec, as in, assuming they will be getting money once the deal is done? Or are you paying them right now to help you develop the script? Or what are they doing in all of this? I ask because I would be extremely worried about doing anything with this person without a contract in place. Make sure you talk to your lawyer about this. You don't want there to be any problems down the road if the two of you have different understandings of how the money is going to be handled.

As for the non-fiction book, I personally wouldn't hold off querying or going with an offer of rep from a legitimate agent just because of the potential film deal -- as long as you tell all interested agents everything. Film deals fall apart all the time. Rights are bought, things move into pre-production, screenplays are developed and cast, etc. And then they just fall apart because of money, because of whatever. So I would't pin all of your hopes of getting the non-fiction book published on the film deal. But that's just my opinion and I'm probably wrong.

Cyia · Feb 1, 2016

Briarose said:
2. I was given the option of having an option, but I turned it down. I own the screenplay outright now, the producer who has contacts wants to place it at a studio or with a production company, possibly the one that is interested. The producer who I am working with offered me the minimum amount as required by the WGA, I turned it down because I would rather wait until it is bought outright which is what we are preparing for right now. You say this is your first screenplay, so I want to make sure that you understand a couple of things. What you're basically doing at the moment is writing on Spec, which means that there's no guarantee the project will sell. Assuming the best case scenario, meaning that you finish an Oscar-caliber work and your producer contact can help you get it on the radar of a major production company, that then presents the project to a major studio who is willing to entertain the idea of making the movie, doesn't mean the piece would get bought outright. Almost none are.

Even in the big leagues, you get optioned. Either a production company will take it to a studio, or if it starts as a book, a studio might option it and then see if they can attach a director or producer or big name. In any event, you get a percentage (usually 10%) upfront with the studio having the option to hold onto that project for 12-18 months, on average. At the end of that time, they can renew or back out. If they renew, you get another 10%, and it starts over. You won't get paid outright until a few months before the movie goes into production - after all the pieces are in place and it's pretty much a guaranteed go.

Option amounts can very widely, depending on what the studio offers.

And since you mention the WGA, go check the guidelines for writing credit when guild members are involved. Maybe it's your work, but if your producer contact has had a hand in the writing at all, then the credit line can quickly change from:

AWESOME FILM, by: Author.
to
AWESOME FILM, by Author and Producer contact.
or
AWESOME FILM, by Author & Producer contact.

Each way of phrasing means something very specific ("&" =/= "and"), and it's the guild that gets to decide how credit is doled out.

3. I was advised by friends in the industry that I should wait because the agent who was interested in repping was a small time agent. I wanted to wait for an agent who could get it to the big publishing houses. I have also been told that if the movie is placed with a large studio, they might already have a publishing division and might want to release the book at the same time of the movue

Here's where my question about the subject matter / novelization comes in. IF you're writing a novel, then it's a story you own and the studio *might* want to sell that novelization as something akin to work for hire. (Unless it starts as a book and the movie rights are sold in that order.)

But you aren't writing a novel. This is non-fiction. You don't own the story of the person or event that you're writing about. Anyone could pick up that same story thread and write a non-fiction book about it. 12 people could, and it wouldn't matter because the story isn't something a single person owns.

If you want to go after big-named agents, then do so. If you want to submit to agencies that handle media rights, then do so. Tell them that you've got a screenplay in development with a producer (name said producer). It might not help you, but it won't hurt you, either. The point is, there's no sense in waiting for things to settle with the screenplay.
4. It is actually THAT unique, and it is mine. Why would it not be mine? I am the only author/writer.
(see above about historical events not belonging to anyone, and WGA guidelines for work done on a screenplay)

.

Briarose · Feb 1, 2016

Just to make things clear, I was offered an option by the producer. He would pay me the 10 percent of the WGA minimum. I turned it down because I could make more money if the script gets sold . I know there is no guarentee. The producer is taking his time to help me develop the script, if it never gets sold, I will still have a pretty good script and at the end of it, I still own the script and have not tied it up in an option. If I took an option, I could not go to other people right away. The producer ultimately wants to get it set up at a studio, he will make no money if it is just optioned, all that money will go to me. The production company I mentioned before is just one of the possible places it could be brought to were there could be a deal put together. The person who owns the production company is a very well known person and his family have been friends with a mutual friend of mine for many, many years. This producer has and is working with A list people, he is very busy and I don't think he would take time out of their life to spending time developing something they didn't think would make it big. He is not doing this to be nice to me, what he is doing is based only upon my script, if he didn't think he could get it set up somewhere he would not waste a minute on it.

I know I do not "own" the story, but the script is based on information on a historical event I uncovered based on information from an ancestor of mine, not many people would have access to the information, it is not common knowledge though historical event it is tied to is well known. I and other descendants own much of the original documentation.

cornflake · Feb 1, 2016

Briarose said:
Just to make things clear, I was offered an option by the producer. He would pay me the 10 percent of the WGA minimum. I turned it down because I could make more money if the script gets sold . See Cyia's detailed explanation - you'd get paid whn it sells regardless of the option. The option protects your interests. I know there is no guarentee. The producer is taking his time to help me develop the script, if it never gets sold, I will still have a pretty good script and at the end of it, I still own the script and have not tied it up in an option. If I took an option, I could not go to other people right away. The producer ultimately wants to get it set up at a studio, he will make no money if it is just optioned, all that money will go to me. Well, theoretically, he'd be able to be a ... producer. The production company I mentioned before is just one of the possible places it could be brought to were there could be a deal put together. The person who owns the production company is a very well known person and his family have been friends with a mutual friend of mine for many, many years. This producer has and is working with A list people, he is very busy and I don't think he would take time out of their life to spending time developing something they didn't think would make it big. Honestly, if he's that connected, he'd know the likelihood is so mniscule that something will get made anytime soon, and would tell you that. He is not doing this to be nice to me, what he is doing is based only upon my script, if he didn't think he could get it set up somewhere he would not waste a minute on it. Or he has another agenda.

I know I do not "own" the story, but the script is based on information on a historical event I uncovered based on information from an ancestor of mine, not many people would have access to the information, it is not common knowledge though historical event it is tied to is well known. I and other descendants own much of the original documentation.

We're just concerned you'll get burned here, and/or aren't getting good advice.

T Robinson · Feb 1, 2016

"I and other descendants own much of the original documentation."

Now that really is a red flag. Do you have signed contracts with these other descendants?

Please understand that no one here is doing anything other than responding to your original question. Some of these people have decades of experience in the very area you are talking about.

I have not, but the sentence of yours I quoted is a true danger signal (to me). If you personally outright owned the "documentation," I would see no problem (from that standpoint).

However, you just said others are involved. Do you want to do all the work and someone else come along and say, "Grandpa left that to me, not you." (as an example)

Now is the time to plan for the unexpected.

Toothpaste · Feb 1, 2016

I turned it down because I could make more money if the script gets sold .

Okay this makes no sense at all to me. As someone who has had many projects optioned and one project sold it isn't an either/or scenario. What happens is a studio/production company/producer options a work for an amount of money. That gives them sole right to see if they can/want to make the work into a film. When they decide that yup that's what they want to do, they then purchase the rights for much much more money. You don't option OR sell. You option AND sell. No one can produce your film without purchasing the rights. You will always make that secondary money. What the first money (the optioning) does is give you some change in your pocket while at the same time ensuring the company you're doing business with that you aren't going out with the project with multiple producers.

Optioning is good. It's a limited time frame (12 - 18 months as someone else said) so you aren't locked into one person/company, and there's always the hope that they will purchase the rights which is way more money and even better.

I am utterly baffled why you'd turn down an option and am very worried you are being sold a rotten bill of goods here.

Briarose · Feb 1, 2016

Like I said, its a very unique situation. I don't understand why I am being sold a "rotten bill of goods", no one is selling me anything...I have a partnership with the producer and in the over all project. He offered me an option and I turned it down because I know there is a lot more money to be made as a partner. Furthermore I 100 percent own my script, so he can not make any deal with anyone without my say so. What I have is extremely unique, what people have called a once in a lifetime script and story, so I am not going to take WGA minimum for something that I could make much for. This script has had been shown to very few people, and the two people who I showed it to, who are very reputable, well known professionals pounced on it immediately. I have other contacts who are friends of friends and I have not even brought it to them. I am a first time screenwriter, this is my first script. The first company I showed it to saw one of my earlier drafts. Their reader passed on it because they didn't feel it was developed enough. This company is a very well known and reputable who are very, very busy. They told me they didn't develop screenplays, but they told me that I could bring it back to them and they would read it again since they like the story and subject matter. These are not personal friends of mine, they are friends of friends and the only reason they gave me a chance was based only upon the subject matter and story.

I do have written permission from other descendants ( of which there is about two and they are both in their 90s). They are just happy to see the story get told.

Toothpaste said:
Okay this makes no sense at all to me. As someone who has had many projects optioned and one project sold it isn't an either/or scenario. What happens is a studio/production company/producer options a work for an amount of money. That gives them sole right to see if they can/want to make the work into a film. When they decide that yup that's what they want to do, they then purchase the rights for much much more money. You don't option OR sell. You option AND sell. No one can produce your film without purchasing the rights. You will always make that secondary money. What the first money (the optioning) does is give you some change in your pocket while at the same time ensuring the company you're doing business with that you aren't going out with the project with multiple producers.

Optioning is good. It's a limited time frame (12 - 18 months as someone else said) so you aren't locked into one person/company, and there's always the hope that they will purchase the rights which is way more money and even better.

I am utterly baffled why you'd turn down an option and am very worried you are being sold a rotten bill of goods here.

cornflake · Feb 1, 2016

You don't seem to have anything that says what he can do - and he can say you're partners, or that you gave him permission to shop it, and who knows what he says when he does that.

Again the option does NOT limit the money you'd make selling it. I could option it for a dollar. If I then decided to make it, we'd negotiate the price.

Have they discussed with you the likelihood the script would be seriously altered, if produced?

Cyia · Feb 1, 2016

Briarose, please understand that the people here are being cautiously optimistic because of the number of times new members have come in with what they believe to be golden rings and later realize they're painted lead. Everyone here really is pulling for you to get the best deal out of this that you can. We just want to do everything *we* can to make sure the deal you get is the deal you expect and deserve. And since this is an open forum, and most of us aren't attorneys, all we can do is ask questions and give personal anecdotes of experience. Sometimes we'll see writers who have expectations based on things they believe wholeheartedly to be true, and the other party, sometimes through no actual malice on their part, is working off a different expectation. It's heartbreaking to watch happen, and we don't want that to happen here.

I have one last question for you. Without giving me any specifics of your story, can you tell us how your producer contact has helped you develop the screenplay? Pointers? Advice? Rewrites? Because if s/he has rewritten or restructured the script, then you might not actually be the sole writer by guild guidelines.

Cyia · Feb 1, 2016

cornflake said:
Again the option does NOT limit the money you'd make selling it. I could option it for a dollar. If I then decided to make it, we'd negotiate the price.

You agree on the price at the time of the option. The option is a percentage of that price, with the remainder to be paid when / if the film goes into active production.

cornflake · Feb 1, 2016

Cyia said:
You agree on the price at the time of the option. The option is a percentage of that price, with the remainder to be paid when / if the film goes into active production.

Yeah, but in the OP's scenario, an independent producer wants to option it, not tied to a company. In which case, in my understanding, it can be optioned just as a hold, and when sold to a company, negotiated as if new. I may be wrong...

Cyia · Feb 1, 2016

Maybe. I only have experience in selling to a studio after securing the production company via agent, so it could be different.

Old Hack · Feb 1, 2016

Briarose said:
Just to make things clear, I was offered an option by the producer. He would pay me the 10 percent of the WGA minimum. I turned it down because I could make more money if the script gets sold .

When you sell an option you get money. If and when that option is taken up, you then negotiate the final contract, and get more money. Selling an option doesn't reflect on the final deal, it just gives the film company time to develop the idea and see if they want to go forward with it.

I know there is no guarentee. The producer is taking his time to help me develop the script, if it never gets sold, I will still have a pretty good script and at the end of it, I still own the script

What concerns me is that you're working on your script with this producer and you have no contract. He could claim that he has produced his own, entirely new script, and if he can show that, he can take the script and do what he likes with it without giving you any financial recompense.

and have not tied it up in an option. If I took an option, I could not go to other people right away. The producer ultimately wants to get it set up at a studio, he will make no money if it is just optioned, all that money will go to me.

If you took an option everything would be spelled out, and you would have some degree of legal protection. And the producer would have the right to exercise his option and offer you a contract to go into production, and so would make money there.

The production company I mentioned before is just one of the possible places it could be brought to were there could be a deal put together. The person who owns the production company is a very well known person and his family have been friends with a mutual friend of mine for many, many years. This producer has and is working with A list people, he is very busy and I don't think he would take time out of their life to spending time developing something they didn't think would make it big. He is not doing this to be nice to me, what he is doing is based only upon my script, if he didn't think he could get it set up somewhere he would not waste a minute on it.

You tell us the producer is working with you to develop the script: can you explain what this entails? Is he reading it and offering comments? Or is he rewriting bits of it, and being very hands-on?

I know I do not "own" the story, but the script is based on information on a historical event I uncovered based on information from an ancestor of mine, not many people would have access to the information, it is not common knowledge though historical event it is tied to is well known. I and other descendants own much of the original documentation.

The producer now has access to the information, though. And is not contractually bound to give you anything if he takes this idea and the information and runs with it.

Briarose said:
Like I said, its a very unique situation. I don't understand why I am being sold a "rotten bill of goods", no one is selling me anything...I have a partnership with the producer and in the over all project. He offered me an option and I turned it down because I know there is a lot more money to be made as a partner.

Do you have a partnership agreement? Did the producer tell you you'd make more money like this? Or was that your own decision?

Cyia said:
Briarose, please understand that the people here are being cautiously optimistic because of the number of times new members have come in with what they believe to be golden rings and later realize they're painted lead. Everyone here really is pulling for you to get the best deal out of this that you can. We just want to do everything *we* can to make sure the deal you get is the deal you expect and deserve. And since this is an open forum, and most of us aren't attorneys, all we can do is ask questions and give personal anecdotes of experience. Sometimes we'll see writers who have expectations based on things they believe wholeheartedly to be true, and the other party, sometimes through no actual malice on their part, is working off a different expectation. It's heartbreaking to watch happen, and we don't want that to happen here.

I have one last question for you. Without giving me any specifics of your story, can you tell us how your producer contact has helped you develop the screenplay? Pointers? Advice? Rewrites? Because if s/he has rewritten or restructured the script, then you might not actually be the sole writer by guild guidelines.

All this. Yes.

mayqueen · Feb 2, 2016

That's my concern, too: without a contract in place, if the producer is doing anything that can be construed as writing (however broadly defined), then the producer may be able to claim part ownership of the script when it does sell. Make sure you've talked to an attorney about this.

Unique situation with unpublished book and screenplay. Would like to hear people's thoughts.

Born long ago, in a different era

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Rewriting My Destiny

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Born long ago, in a different era

THE RECKLESS RESCUE is out now!

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Rewriting My Destiny

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Rewriting My Destiny

Such a nasty woman

practical experience, FTW