Additional question about Representatives.

Okay, the new manager sent my script to his contacts at two places. I spoke to him today. He says he will talk to these contacts later on this week.

So assuming at one point things go positively, since managers don't negotiate the actual deal what happens? If they're interested in giving me an offer, would the prodco or studio write down a contract to send to me? Something that I would then have looked over by a qualified entertainment lawyer or agent?

Aside from that, it's too early to here from the agent (around the 1st of Dec), and ditto for the prodcos I've recently made submissions too (though an earlier one may be making a decision soon)

TANGENT ALERT!

it's too early to here from the agent

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this is one of those common instances where spell-checking fails...even with scriptwriting software. don't be lazy you must read every line of your script and it's best to get someone else (with fresh eyes) to do it too.

write on!

Okay, typos aside.

To answer your question, I would say that if the manager's contacts are interested, your manager will get a sale proposal (either in writing or verbal) which in turn he'll give to you.

He will recommend that you have an agent or lawyer look it over and advice you.

If you don't have one, he will recommend one for you. (it will be easy for him to get an agent to sign you on with a sale proposal in front of him.)

Or, you can get an agent or lawyer on your own.

In the end. Your manager will get 10 to 15% (and maybe a producer's credit), the Agent gets 20% (or Lawyer 10%), Uncle Sam 30-35% and you get to throw a party for your family and friends and wake up the next morning, asking "Where did all the money go?

nike goddess

good point about the spell check. well thought out. i agree - the screenplay justinoxv posted (using his screenwriting software) should have been proofed line by line. and he should have gotten someone (with fresh eyes) to have a look. egregious. thank god (or goddess) for the likes of you and your keen observations

justino -

if you get a bite on script, get lawyer to handle contracts - just call a hollywood (entertainment) law firm, explain things, they will set you up. usually, these guys are in the $200/hr range, but you may be able to defer till after contract signed, checks written. congrats


zilla

Personally, I would go for an agent.

At $200 an hour for a lawyer, you can get socked for several thousand bucks and if the deal falls through, your may still be responsible for paying those lawyer's fees (unless you get a lawyer who will take a percentage, usually 10%).

Plus, getting an agent would be easier with a deal in hand and would be a good career move, whereas a lawyer won't do much in getting you future sales.

That's my take on the subject...

An agent taking 20%!?!?!?!?!?!?! I have never heard of an agent taking that much.

Managers will often take 20% or even 25%.

I've already spoken to entertainment lawyers. None of them charge percents. They all want hourly fees in the range of $200 to $300 dollars an hour. Some of them want to be paid upfront, and others want deferred pay.

Also, none of them WGA signatory agents would charge 20%. In the state of California, agents are licensed and who can call themself an agent is regulated. There is also the WGA signatory deal.

Managers on the other hand, are unregulated and a whole different ballgame.

I know all about the fees. My question was if managers can not actually negotiate the deal, would the interested part get me something in writing that I can review and then take to a lawyer or agent. Which all of you have answered. Thank you very much.

Simon, my mistake.

As I put a range with managers, I should have also put in a range with agents. I meant 15% to 20% (yes, there are some agents which take the higher end.)

As for managers, typically they take 10% to 15% with the mean average being 15%. I'm sure there are those who take more, but I have found so few as to not count them as legitimative rep options.

joe,

where the heck are you getting the 15 to 20 percent range for an agent?

Agents can only take 10 percent.

I thought managers were unnecessary.

I think there are laws saying that agents can only get 10%.

In New York, many of the modeling agencies in the past charged well over 10%. But recently there has been a class action lawsuit against said agencies. The New York courts decided to hear the case on the grounds that basically the entertainment agencies are still nothing more than employment agencies.

Employment agencies can take no more than 10% of your earnings.

I don't know if the models were able to get monetary damages from the agencies or not.

So Joe, are the high end "agents" licensed agents by the state of California, or they merely managers who maybe call themselves agents (not legal, by the way)?

Could you name us specific agencies that do this?

I'll get back to you all. I want to check from my sources.

here are some links on agencies that people may find useful.


California agents, as I mentioned, are licensed by the state of California.

www.dir.ca.gov/databases/...Talag.html

New York agents are licensed by the state of New York. At least in the state of New York, by law, agents CANNOT in most cases take more than 10%. I assume it is the same in California.

www.modelingscams.org/newyork.html

Talent agency, as described on the above link, includes literary agency.

Back to your other point on why you would get an agent oppose to a lawyer to do the negotiations, your pointed is noted Joe. I think I was going in the direction of asking an agent to do it, already. Thanks a lot for your help.

A PUBLIC APOLOGY.

To the group.
I wish to make a retraction on my statement that agents can get 15% to 20%. This was an assumption based on some rather old books I have in my library. After calling my manager, and getting the straight poop, I apologize for being... well... you know... wrong.

I still stand by my other statements though and hope that I haven't made a bad impression.

Sincerely,

Re: A PUBLIC APOLOGY.

"I still stand by my other statements though and hope that I haven't made a bad impression."

I thought your other statements in this thread, such as the benefits of an agent versus an entertainment lawyer in a situation like mine are very reasonable.

As for the old books,, this goes to my statements on another threads. Books can have dated or wrong information, and it is best to contact industry professionals such as your manager for the current 411.

Re: A PUBLIC APOLOGY.

and it is best to contact industry professionals such as your manager for the current 411.

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yet we all still come to the messageboards seeking answers from other wannabees with various degrees of success

anyhoo - back on topic:
an agent is someone who can help get you more work, selling more scripts or writing assignments. if you have multiple scripts ready for the market then an agent is a very valuable tool.

a lawyer can be a one time deal. you don't need to keep them on retainer. use them for a one time sale only and come back if you need them later.

good luck!