I am developing a film project which has attracted a producer. Said producer now wants to develop the project as a TV series and pitch it to networks. Yet now, fearful of being left out of the loop when and if it gets picked up by a network, wants Co-Creator and Executive Producer credit - and wants to option the script for free.
While the producer has been working diligently for over a year, this obviously raises red flags and questions.
A) They say never option for free, but as a first-time writer with potential of purchase should this be ok? If so, under what terms?
B) In television, I'm told the original Writer is also considered the Executive Producer by default. Is this true, or are Creator and EP separate entities?
C) What exactly is the difference between Creator, Writer and EP in Television?
D) Is there a good place to find a sample option or Writer/Producer agreement for this scenerio?
E) I recently acquired a co-writer for rewrites and polishes, but who holds no creative rights. Where do they factor into this equation?
Thank you all for any assistance.
Regarding the free option -- opinions on this differ. There might be circumstances where a free option, for a brief time is permissible -- but the point is, all of that refers to situations between a producer/employer and a writer/hiree.
That, within the world of the motion picture business is the basic relationship between producers and writers. Our work is considered "work for hire."
Like you hire me to build a boat. I build it. You buy it. You own it. You can hire someone else to modify it. Barring contractual obligations between us, it's yours to do with what you want.
And it doesn't make any difference if I happen to build a boat on my own and sell it to you. The business relationship is unchanged. It's still considered, in business terms, a "work for hire."
But what you are talking about is different. You are talking about you and this producer becoming partners in a business enterprise in which, presumably, you and he would become co-creators and, I'm assuming, co-producers or co-executive producers on this project.
That is, you are creating in some sense a partnership in which you are both vested in this project. You are both *co-owners" in the underlying material. Not you as a writer - you option (and presumably ultimately sell the material) to what amounts to a separate business entity that consists of the two of you as *producers* who would ultimately remain vested -- that is, continue to have some ownership of this property.
Now, if he's talking about something else -- hey, you option it to *me* -- as sole producer, and I become co-creator, exec producer, sole owner who can then sell the project, etc. -- and some where down the line maybe some day you'll get paid -- that's sort of a different deal.
That's because the extent to which you will get paid or have any participation in this (either creatively or monetarily) can be very limited, especially presuming that you are a beginning writer.
Really, the above, reduced down to the short answer, is that if you really want legal advice in the entertainment field -- this isn't the best place for it.
What you really need to do is to bite the bullet and talk to an entertainment attorney. Most states have a "Legal Counsel for the Arts" which provides free or inexpensive legal services for members of the arts community. I advise you to check out where you live and see if you can find something like that (a call to the local bar association can help if you can't find it any other way).
These are complicated legal issues which can have profound legal implications if you make the wrong decision or act without the proper *legal* guidance.
Truly -- this isn't the place to get it. Entertainment law is a highly specialized field.
Someone we knew (actually a member of my wife's family) had come up with a game show concept and went out to try to sell it and got an offer from a producer and asked us about it and we said that the deal didn't look good -- that they should talk to an entertainment attorney.
They went with a non-entertainment attorney, got some questionable advise, went ahead with the deal and ended with with a lawsuit that encumbered this project for a decade.
And last time I checked, ten years later, they're only just now able to start going out with again because they made a bad decision about it ten years ago.
So every time the thought enters your head -- boy, those entertainment attorneys really cost money -- just tell yourself -- *not* having one can cost you so much more.
I understand the thinking when it's all no money and free options, but believe me, when and if this producer gives you an option agreement, it won't be something that he printed up off the internet. It will have come from a real honest-to-God entertainment attorney.
His entertainment attorney.
And before you sign it, you need to have it looked at by another honest-to-God entertainment attorney.
Your entertainment attorney.
NMS
