My novel optioned for screen, due for renewal, but....

aruna

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Hello all, and I hope you have a lovely Christmas weekend!

I have a bit of a dilemma. Here it is:
Hoping to get your views on this situation.

Back in April 2021, somebody approached me out of the blue and asked to purchase the option on one of my novels. She said she worked as al lawyer at Paramount Pictures, had contacts in the industry, but no experience in producing. And yes, I did check her out and she is a Paranount lawyer.

She read the book some time ago and would love to see it on screen and be instrumental in doing so. Background: the book was published in 1999 and has already been optioned once, without success, several years ago. The problem being it is very long. I actually wrote a script at the time, which ended up being almost 180 pages long.

So now, this new producer, I'll call her Farrah, said she wants to adapt it for a streaming service like Netflix, which could easily accommodate the length. As I saw no other future for the book I agreed. I asked if she'd let me write the script and she said yes. I agree that it would be great for streaming in about four seasons. I told her that I have some experience in script writing, had written a script for the whole book, and would like to write the pilot and in fact all the episodes. She agreed. I sold the option and also got a contract to write the TV script.

I finished the pilot in about a month. She said she was working on the pitch deck, and would not read my script till she had finished the deck.

Many months passed. Now and then I gave her a nudge, and every time, she said she was still working on the deck. She has no details for me, except that she still has not read my pilot. I assume she still has not read it, almost two years later. I found this very annoying and very strange, as when you've written something, what you want most is feedback from someone who counts. But she refused to read it, and told me to get a professional assessment. This I did. She still did not read it.

The option expires on April 14th 2023. The contract says that she can renew for a further two years! I absolutely do not want to renew. I am hoping against hope that she has given up and simply does not want to let me know.

So, what are your views? Is this normal behaviour, for a producer who has contracted for you to write a pilot, not to even read it? How far along should a producer be by now, considering we are just four months short of the two years for the first option? Surely if she'd made progress, she'd have let me know, and read the pilot by now, and given feedback?

I realise that this is all conjecture, and you guys won't know any more that I do. I just want to know if you also think it is strange. And maybe a bit of sympathy at my frustration! I don't want to nudge her so close to the option's expiry date, as she might just start getting new ideas. However, renewing the option will cost her $1500, whereas the first option was only $500.

It's especially frustrating as a few months ago I was approached by another producer/director, this time someone with bone fides, someone on IMDb with movie credits. He also sees it working best as a series, and when I told him the option had been sold, he said he'd be happy to work with Farrah. But she said no; and still won't tell me how far along she is, and no clue as to when she'll be ready to pitch to Netflix (which is her aim). I can only say, working with her is absolutely awful.

If she were an editor or an agent I'd have cut my losses ages ago, but I guess in scriptwriting I'm just the lowly writer and not worthy of feedback.

Edited to add: no, I don't have an agent. I suggested to her that I look for an agent or manager, and she said she'd only let me send out the script if whoever it was signed an extremely detailed Release Form -- one I just know nobody would ever sign before agreeing to rep me. So I can't even do that. I am a member of WGGB, btw, which entitles me to free membership in WGA West.
 
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Woollybear

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Hiya,

*

Do you have friends or family who are producers for film or TV? I would think they'd have valuable input here.

My limited experience speaking with such folks about their careers is that yeah, life is hectic and chaotic, producing can be slow, and timing is important. On the other hand in your shoes I'd probably want to shop the project around, too. (I no longer believe there is any such thing as 'normal behavior' but instead individual humans taking individualized strategies toward individualized definitions of success.)

Sounds like it might resolve naturally in April, and I might hope she doesn't renew (since she hasn't read the damn thing.) If she doesn't, you're clear. If she does, can you negotiate the terms on the renewal?

*None of this is legal advice, merely commiserations.
 

lizmonster

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Does your contract give you any out, or is it all at her discretion? Because I'd run for the hills from this woman. IME, bad communication never turns into anything good.

Anecdotally (and probably OT!), it's also my understanding that it's been some time since Netflix has been willing to commit to more than one season at a time, and their ways of analyzing viewership are changing. They're looking for sustained viewership rather than bingeing, and it's leaving some very popular series in Season 2 limbo.
 
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CMBright

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My opinion is go with your gut. If your gut says run screaming from this deal, as long as the contract is set up so both have to agree to the extension, don't agree to the extension. If it's set up so this other individual can act alone to extend and choses to do so, you might need to consult a laywer to see what legal options you have.
 
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Maryn

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I'm speaking from a POV of having zero direct experience but being active on a now-defunct screenwriting board watching other writers stress over their options.

It's pretty clear to me that your Paramount attorney either has lost interest or is unable to pitch it well enough to sell it. Either of those means her end of the contract is kaput. It's unlikely that she will want to renew when it expires. I mean, it's been ages and many nudges, you've done the work, and it's still just sitting there. What might change that? Nothing, most likely.

You could contact here with the information that you do not want to renew the option. Does the contract give her the renewal option without also giving you refusal of that renewal? This might spur her to act on it, or to realize she isn't going to, which might free you to sell the option again to someone else.

Maryn, thinking she might just buy up far more options than could possibly be produced
 

frimble3

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If she's really a 'lawyer at Paramount' this may just be a side-gig for her, and if anythig else comes up, you get shunted aside for it. Because I can think of no reason for her not to have even read it, even if only to be able to say it's unusable.
Unless this is some deal whereby she buys the rights to anything that looks likely, in hopes that something similar becomes a big hit, then she has a successor.
But TL:dr
Yeah, wait it out, get your rights back. She's done nothing for you, at least if you're doing nothing you'll have excellent communication with yourself.
 
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ChaseJxyz

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Did you have a lawyer look over the contract before you first signed it?

Why have you not had a lawyer look at the contract now? The reason why people say "get an agent" is because agents have experience with these contracts and will keep you from signing something that is unfair to you. Asking us for help on how to get out of the contract or to keep her from renewing the options isn't something we can do without looking at the contract. And also that would be giving out legal advice, which we can't do here.

Also, was you saying "I want to write the pilot" and "I want to write all the episodes" recorded in writing? Is it part of the contract? Unless you already have credits/experience writing for film and tv (as in, these films/tv shows were made and aired, not just scripts sitting on your hard drive), there is no real benefit to letting the author do that. JK Rowling, infamously, is a complete control-freak when it comes to her IP and she has the rights to reject anything in adaptions. One of the many reasons the Fantastic Beast movies have done so poorly is because she wrote them, because she demanded that she write them. And writing a screenplay is very different from writing a novel. And even then, WB twisted her arm into letting someone co-write with her for the third one. And it still bombed. So what benefit would this lawyer--or any producer/production company, director, show runner, investor, etc--have in letting you write everything? What can you do that a proven scriptwriter with a long filmography can't?
 

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I have zero experience in this area, but am a former lawyer and I recognize this as a legal problem. Can you prevent other party from exercising the option to renew or can the other party forcibly extend the contract?
As an ex-attorney, I advise you spend some money to get good legal advice. You want to know all your options vis a vis the contract before taking substantial steps.
As a former attorney, I cannot give legal advice, except to strongly suggest you seek legal advice. Don't guess. Get a lawyer. Use your contacts or contact the bar association for a referral for a good entertainment industry contract lawyer.
 

Catriona Grace

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At best, she's flakey and undependable and does not have your interests at heart. It is past time to lawyer up, but since you can't do it any sooner, you might consider doing it immediately.
 

Janine R

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As Chase and Grubster suggest time to have an entertainment lawyer look at your contract. I wouldn't do anything to alert her to the coming renewal date until you know your position.
 

aruna

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Thanks to all the replies. Regarding the lawyer: at the time of signing, I was a member of the Society of Authors in the UK, which provides me with free legal advice. Yes, they looked at the contract, and made a few suggestions, some of which she took on board (though I later noticed that, unnoticed y me, she extended the limit of the first option from 18 months to two years! That was sneaky. I did notice because I was only looking at the amendments she'd made, and it is a very long contract, in legalese. You can tell she's an attorney.
However, the Society of Authors is really only skilled at legal advice for novelists, which is why I joined the Writers Guild GB. I have not yet approached them on the matter.

As far as I can tell, I sadly do not have the right to veto a second option.

As for writing the pilot and the series, ChaseJ: I've some experience there. Back in the early 2000s I really wanted to move across to screenwriting and so read all the books, attended several courses, and wrote two screenplays. I've had both assessed by professionals; they've had good feedback and I'm ready and willing to work with another, more experienced, screenwriter when and if the time comes.
My aim is to give up writing novels and adapt some of the ones I have into scripts. I really love the medium screen: I always get so frustrated with having only words to tell stories, and I think I can make a success of it.

I realise that none of you can really help in this situation; I just really wanted tome sense that my gut feeling is in the right direction. that she's lost interest, and I need to prevent the second option if at all possible.

Thank you all for chiming in!
 
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CMBright

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Thanks to all the replies. Regarding the lawyer: at the time of signing, I was a member of the Society of Authors in the UK, which provides me with free legal advice. Yes, they looked at the contract, and made a few suggestions, some of which she took on board (though I later noticed that, unnoticed y me, she extended the limit of the first option from 18 months to two years! That was sneaky. I did notice because I was only looking at the amendments she'd made, and it is a very long contract, in legalese. You can tell she's an attorney.
However, the Society of Authors is really only skilled at legal advice for novelists, which is why I joined the Writers Guild GB. I have not yet approached them on the matter.

As far as I can tell, I sadly do not have the right to veto a second option.

As for writing the pilot and the series, ChaseJ: I've some experience there. Back in the early 2000s I really wanted to move across to screenwriting and so read all the books, attended several courses, and wrote two screenplays. I've had both assessed by professionals; they've had good feedback and I'm ready and willing to work with another, more experienced, screenwriter when and if the time comes.
My aim is to give up writing novels and adapt some of the ones I have into scripts. I really love the medium screen: I always get so frustrated with having only words to tell stories, and I think I can make a success of it.

I realise that none of you can really help in this situation; I just really wanted tome sense that my gut feeling is in the right direction. that she's lost interest, and I need to prevent the second option if at all possible.

Thank you all for chiming in!

If you are in either writing guild, with free legal benefits, definitely find out whether you do or do not have those veto rights. I suspect the poster above is correct, this screen lawyer/wannabe agent decided she wasn't actually interested or wasn't able to sell the project. Which could mean she wasn't able to sell it, you or a different agent with a different angle might be or not, I don't know how "translatable" it is.

In she has not lost interest, definitely do as much as resources permit to get a lawyer to look over the contract to find out what the "opt out" conditions (or whatever the wording) are. I'd be surprised if their aren't. You might not have the financial resources to buy back your rights, but at least you would know that they are there and what it would cost.

Note to self: get any future contracts checked completely by a lawyer every time it's changed, not just any amendendments.
 
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