Read 'Will an established writer get credit for my screenplay?' at http://www.SellingYourScreenplay.com.

I got this question recently:

“Upon finishing a screenplay I contacted a producer/script doctor/who seemed to know what he was talking about…and as a published screenplay writer himself, he advised me that most likely my own name would never ever be attached to this project should it ever be sold. Instead a published screenplay writer would take credit for my own writing…the trade off is a large payment ranging between 1-5 (million) or so he said. This would be payment for all rights concerning this project. The news felt like a slap in the face. My desire is for a career-with my book rights in tact-not a get rich quick exercise.

Mr. Meyers-is any of what I have been told regarding unpublished screenplay writers true at all? Is it really true that an established screenplay writer would take full credit for an entire years worth of my hard work-and the studio would retain all creative rights after the sale?”

No need to worry. I’m not sure what “script doctor” you used but as best I can tell he’s wrong on every front.

Virtually no screenwriter is paid over a million dollars for a single script and the few who might get close to that figure are certainly not new writers, they’re established screenwriters with serious track records. I haven’t heard of anyone getting this sort of money since the early 90′s when Shane Black and Joe Eszterhas were all the rage. In fact I don’t know of any screenwriter who has been paid anything close to 5 million for a single script. I think Shane Black or Joe Eszterhas hold the record for a single payday and it’s only around the 3 million dollar mark.

If your screenplay is bought by a large production company they will most likely be a WGA signatory production company, in which case they have agreed to abide by strict standards set forth by the WGA – which is in business to protect writers. Without going into elaborate details, suffice it to say that the WGA has very fair guidelines on who gets writing credit on a film so you have nothing to worry about. In general when you sign an option agreement with a WGA signatory production company there will be a clause in the option agreement that credits will be given according to WGA guidelines.

If your screenplay is bought by a smaller production company that is not a WGA signatory company you would need to be a little more careful and in your agreement with them you would want to lay out the writing credits. Generally what will happen is that in the option/purchase agreement you would have a clause specifically stating how writing credits will be awarded and you can state that you must receive writing credit. Typically the producer will want to have the ability to assign writing credits to other writers if he has to hire other writers to do rewrites (which is fair) but it’s also fair that you would always receive a writing credit too, no matter how much rewriting goes on. I’ve optioned dozens of screenplays over the years and I’ve never once had a producer try and prevent me from getting a writing credit. It doesn’t cost a producer anything to give out credits so he’s usually more than happy to accommodate a writer on this.

Read 'Taking deferred pay for your screenplay' at http://www.SellingYourScreenplay.com.

I got this question recently:

“If you have no street credit in writing, much less Hollywood, but you think you got a great movie that can be made on the cheap and strike a nerve like Juno, My Big Fat Greek Wedding, Little Miss Sunshine, etc., is it likely that a producer will accept paying you nothing and give you an option to take a few points out of the profits if you think you got something?

Or are writers too easily disposable to get that much of the cream unless you are a Seth Rogan level writer?  If they are ready to option it, I’m assuming they like it enough to move forward and raise capital and pander to agents for actors? Would producers find that bravado intriguing or would it just turn them off because you are clueless to the reality of the industry?”

I can’t emphasize this enough: Take the money and run!

One thing that people outside of the industry fail to understand is that it doesn’t matter how great your script is, it’s highly unlikely that it will “hit a nerve” like Juno, My Big Fat Greek Wedding, or Little Miss Sunshine.  There are so many moving parts when making a film that it’s impossible to predict how successful it will eventually turn out.  Yes, a good script is a key ingredient to making a good film, but many good scripts have ended up terrible films.  The producer or director might make changes to the script that, in your opinion, destroy it.  The actors might not give the performances that you think they should.  The budget can force the producer to rip entire sections of your script out.  The weather can force changes to your story.  The marketing of the film can miss completely and there won’t be anything you can do about it.

But the main problem with taking only backend pay is that you’ll probably never see a dime no matter how successful your movie is.  Film accounting is a black box and costs for other films can be piled onto your film so that your film doesn’t actually show a profit.  Some of the most “successful” movies of all time never made any money on paper.  Forrest Gump was one such film.  I think it was the writer, had some backend points on the film and the production company wouldn’t pay him because they claimed the movie didn’t actually make any money.  He had to sue them.

Forrest Gump is an extreme example.  Suppose your film is a modest hit and is made on a budget of $5 million and grosses $20 million at the box office.  That’s a big hit but the production company and distributer will pile in all sorts of costs, some legit and some not so legit, and they’ll make sure the film never shows a profit on paper.

So unless you want a percent of nothing, make sure you get paid up front.

Also, a career in screenwriting isn’t about one film or one script.  As the screenwriter of a successful film many doors will open up for you and your career will soar so don’t worry too much about how much money you’re going to make on your first script sale.  Think long term.

Mainly, though, when you’re pitching your script either over the phone, in person, or in a query letter you don’t want to mention anything about payment – either backend or upfront.  All you’re trying to do is get the producer to read your script.  Once they like it, then you can begin to negotiate the terms of your payment.

Read 'What is a screenplay option?' at http://www.SellingYourScreenplay.com.

A little while back I made this post: How to decide if you should option your screenplay to a producer

A got a few people asking me to define what a screenplay option is.

An option (as it relates to screenwriting) is when a screenwriter gives a producer the right to purchase the writer’s script according to the terms laid out in the option agreement.

I won’t get into all the specifics of an option agreement in this post but will highlight a few items.  Option agreements are almost always exclusive, meaning the writer promises not to shop the script around to other producers while the option is in place.  The producer typically pays the screenwriter for the option, although in many cases it can be as little as $1.  The option agreement will usually last at least one year and in most cases two years, and in some cases allow the producer to renew the option period.  The amount of money that a screenwriter will earn and how a screenwriter will be paid when the producer buys the script will be laid out clearly in this agreement.

The reason for signing an option agreement is simple: it allows the producer to go out and try and raise money to shoot your script knowing that they have the legal right to buy your script at a predetermined amount.

I’ve written many posts about screenplay options.  Click here to view them: screenplay options.

As with all legal matters, please consult with an entertainment attorney if you have any questions about option contracts. This post is merely presented as an overview of what you might be presented with if a producer wants to option a screenplay from you but it in no way should it be used to help you understand your specific option agreement. Option contracts can be quite complicated and you should definitely seek the advice of a lawyer before signing any legal document, especially one as complicated and important as a screenplay option contract.

Read 'How to decide if you should option your screenplay to a producer' at http://www.SellingYourScreenplay.com.

There’s not an easy “right” answer to this question but there are some factors to consider.  I think to turn down an option purely because you want to find someone who will “buy it immediately” would be a mistake.  It’s very unlikely that a producer, especially an independent producer who is willing to work with a new writer, would be willing to buy a script outright.  It would be a huge and unnecessary risk for them.

When I’m trying to decide if I should option a script to a producer there are several factors I consider.

1. How long will the option period be?  How much are they willing to pay for the option?

These two questions are directly related.  The less a producer is willing to pay me for the option the less time I’m usually willing to give them on the option, although the other factors I’ll discuss below play a significant role in this decision too.

2. What changes do they want to make to the script and how do they intend to address those changes?

This is a huge part of the equation.  Producers and directors will always want some changes made to your script.  Get used to it.  If you don’t want your script re-written you need to become a producer, too, and producer your own material.  Most producers will want you to make changes for free.  This is a big issue with me, not because I think my scripts are perfect and shouldn’t be changed, but because my time is so precious.

3. If they do actually produce your script, do you think they’ll do a good job?

This may be hard to gauge in the early stages when you’re still getting to know a producer but you should make some evaluation about this as early as possible.  In the initial meetings spend most of your time listening to the producer (not talking) and trying to get a feel for whether or not they share your vision for the material.  If you feel like they’re going to ruin your script and make a terrible movie you need to factor that into the equation.  You may be thinking “why would a screenwriter option a script to a producer when he thought that the producer would ruin it?”  As a rule I’m willing to option any of my scripts to anyone assuming the price is right even if I think they’ll ruin it.

4. Do you like them?

This may seem like a strange consideration but keep in mind what’s going to happen after you option the script to them.  Best case scenario is that you’re going to be working with them for at least 2 years while they try and raise the money and shoot your script.  To raise millions of dollars to shoot a movie takes time, often years.  By optioning your script to a producer you’re going into business with them and if you’re lucky you’ll be spending a significant amount of time with them so getting along with them on a personal level is important.  The better the relationship you have with the producer the more influence you’ll have as the project progresses.

5. What budget range are they planning for this film?

The budget range is very important as it is the single biggest factor in determining how much you will get paid.  As a rule the screenwriters can expect to receive somewhere in the range of 2% to 3% of the production budget (there are some more complexities to it but this is a good guideline).  Obviously if the producer is going to try and produce your movie on a budget of $100K that means at most you’ll only be receiving $3,000.  I’m not opposed to low budget filmmaking, these films can be fun and rewarding, but you need to be aware of what budget the producer is shooting for to gauge whether or not you should option the script to him.

6. What are the chances that they will actually be able to raise the money for the film?

If you don’t think they have a chance in hell in actually being able to raise the money for your film it begs the question, “why bother?”  However, if all the other factors are very favorable I’ll often option a script to someone even though I don’t think they really have the metal to get a movie made.

One thing that is not a factor for me is the idea that my best and only script will be tied up for a significant amount of time.  I’ve written dozens of scripts so I always have lots of material ready to be sent out.  Tying up one of my scripts for six months or a year is never a consideration for me.  It shouldn’t be for you either.  You should always have lots of other scripts ready to go so when this one is tied up with an option it doesn’t slow you down and you’ve got plenty of other projects to market.  The key is to get several options going at once because most options will not result in an actual sale and production.

The first script that I ever sold, Dish Dogs, was actually the first script I ever optioned.  The producers were planning on making the movie for a budget of around $2 million, which is plenty of money to make a quality movie with a few “B” actors.  They were willing to pay for the option, $500 for the first six months and $1,000 for three six month periods after that.  They were willing to gives us 2.5% of the production budget (a fair amount).  The producers had a fairly impressive track record getting movies made in this budget range so I knew that they had a good chance of actually producing the film.  They were really cool dudes, too, so spending time with them was always entertaining.  The negatives were that they did want some free re-writes and I was pretty sure they would make a pretty mediocre movie.  While they had produced quite a few movies in this budget range, the movies were all cheesy “B” movies.  One of the movies they had recently finished starred “Stallone.”  No, not Sylvester Stallone but his very similar looking brother!

While at the time I certainly hadn’t clearly thought through all of these factors in my mind looking back at it I would still option the script to them today even knowing what I know now, which is that they changed (and in my option ruined) the script.  We got paid and we got a decent credit.  After years of plugging away as a screenwriter I can honestly say that’s pretty good.  And besides, as I mentioned I have lots of other scripts ready to go so I’ve never been one to get overly attached or sentimental about a project.  The great Jack London was quoted as saying something like, “I write solely for the money.”  That’s why I write, too.

A few years ago I optioned a thriller / horror script to a low budget producer / director.  He didn’t want to pay me for the option, he told me he was hoping to raise only $100K so at most I would only make $3,000, and his resume of produced credits indicated that at best this movie would be direct-to-video fair.  I optioned it to him because he agreed to a 90 day option and I was able to talk him into postponing all rewrites until he had actually secured financing.  I wrote this script as a sort of homage to low-budget horror / thrillers so I never expected it to be a big studio movie and seeing it made and getting another credit would have been fine with me.  And since I didn’t have to do any additional work other than signing the option agreement, what did I really have to lose?  He never raised the money and I got my script back in 90 days.

I’ve had this sort of thing happen to me quite often over the years.  I’ll meet someone who works in the entertainment industry who wants to be a producer and thinks they have enough contacts to get a project off the ground.  If I don’t have to do any rewriting and the option period is short I really don’t feel like I’m losing anything by giving them a chance.  You never know.  I have met some cool filmmakers this way and have built relationships over the years with some of them which have resulted in script options, sales and credits.

I’ve probably optioned more than 20 scripts over the years and only one time have I turned an offer down.  In that case I didn’t feel like the producers really would produce my movie (they had a dozen projects optioned), they wanted substantial re-writes, and they didn’t want to pay anything for the option.  In addition, I didn’t feel like the re-writes they wanted were very good so I would be making them specifically for them and not really improving my script.  But part of my decision was based on the fact that I didn’t have any other scripts to send out at that time.  It was early in my career and I only had three quality scripts that I felt were ready to be seen and two of them were already optioned so this one was the only one I was sending out.  I didn’t like their offer and so I walked away from it.  I doubt they would have ever gotten the film off the ground but if I could have talked them into minimizing the rewrites what would have been the harm in giving them a chance?  The fact that I simply didn’t have more material handcuffed me.  Don’t let this happen to you.  Make sure you have lots of scripts written and ready to send out so that you’re not turning down offers because you think something better might come along.  To sell a script is a numbers game and the more people out there hawking your material the better off you are.  That means you need to have lots of options going at once.  You can only have lots of options going if you have lots of material written.

One very important dynamic that’s present right before you option your script to a producer is that it’s the one time in the filmmaking process where you (the writer) actually have some degree of power.  Before the producer has read your script he’s got 100 scripts or more sitting on his desk waiting to be read and you are just another writer begging for his attention.  And once you’ve signed the option agreement you essentially sell all your power to the producer.  But that brief moment after he’s read your script and before you’ve signed the option agreement you have the power.  The producer has read your script (and hundreds of others) and likes yours.  He doesn’t want to have to go back and read hundreds more trying to find one he likes.  He’s decided he likes your script and now it’s him that’s pursing you.  Use this to your advantage.  I’m not suggesting you ask for ridiculous things but this is the time to think through the factors outlined above and try and make them as favorable as possible.

Read 'How can I prevent a producer or director from ruining my screenplay?' at http://www.SellingYourScreenplay.com.

I got this question recently:

“I have written a script which is my baby and I want to ensure that the producer and director don’t mess up my vision for this story.  How do I bring this up when talking with the producer?  How can I ensure that my vision wins the day when this film is produced?”

I’ll take the second part of that question first, “How can I ensure that my vision wins the day when this film is produced?”  The short answer is simply that as a screenwriter you can’t in any way ensure that the final movie will even remotely resemble what you had originally conceived of.  Even if you, the producer, and director basically share the same vision it’s quite likely that you won’t recognize parts of your movie.  Filmmaking is a very complex and collaborative art form.  It’s extremely labor intensive and relies on lots of different people to do their job correctly.  It’s not just the producer and director who can mess up your movie.  It’s the actors, the cinematographer, the art director, the location scout, and even a P.A. could accidently lose a roll of film which could result in your favorite scene being cut from the movie because there was no budget for a re-shoot.  A lot can go wrong.  And this is assuming that you, the producer, and director share the same vision.

It’s quite likely that you and the director (or producer) will disagree on many major story issues.  This is just the reality of a collaborative art form.  The screenwriter is never in charge on a movie set (unless he’s also the director or producer) so in the end your voice won’t matter much unless the director and producer agree with your ideas.

I’ve recommended this before and I’ll re-iterate it here.  If you’ve never had anything produced that you’ve written I highly recommend that you write a 10 or 15 page script, round up a few friends, and go produce it with whatever equipment you have even if that means shooting it on your cell phone camera and editing it on Windows Movie Maker (standard on all Windows machines).  The point of this exercise is not to win an award at a film festival or jump start your career; it’s to dive into the logistics of filmmaking.  You’ll quickly gain an appreciation for how hard filmmaking is and how difficult it is to make a good film.  Your script may get destroyed but it’s not always as simple as “the director sucked.”  From a writing perspective it’s fascinating to see people breathe life into your script and see how they interrupt your material.  It’s not always as you expect.

Now back to the first part of this question, “How do I bring this up when talking with the producer?”  The answer is you don’t unless you want to seriously hurt your chances of selling your script.  You have to be ready to sell your script and all rights in perpetuity and the producer can re-write it however he likes.  That’s just how filmmaking works.

When you first meet the producer there’s really no point in giving him a bunch of demands because he’s either going to walk away from the project or just nod his head politely and ignore your comments when production begins.

What I usually do when I meet a director or producer for the first time (before I’ve optioned my script to him) is to start the conversation with a question like, “what do you think needs to be changed?”  I’ve never had a producer or director hold back.  They’re usually more than happy to tell me all the problems with my script and how it can be fixed.  If the producer asks me a question about my script I answer it accurately and thoroughly but only if I’m asked.  Otherwise I simply listen.  I usually figure out pretty quickly if the producer and I share the same vision for the story.  Then I decide if it’s worth it for me to option it to him knowing full well what I’m getting into.

After I’ve optioned the script to the producer and re-writes begin I don’t hold back and I try to politely fight for my ideas.  They’re usually ignored but I knew they would be.

It really boils down to nothing more than money.  Whoever is in control of the money has the final say on all decisions.  I firmly believe that this is how it should work, too.  The hardest and riskiest part of filmmaking is raising the money.  Whoever is in charge of the money is the one who has the most on the line.  Think about it if it were your money.  Wouldn’t you want final say over everything?  Or course you would.  And you would deserve it, too, if it were your money.

Some directors have enough of a track record and reputation that they get to make virtually all story decisions – but make no mistake about it – it’s the producer (who’s in charge of the money) who relinquishes this power and gives it to the director.

After you’ve been in the business for a while you’ll hopefully meet some directors and producers who do share you artistic sensibilities and will shoot your scripts as you intended them.  But this could take a while to build those relationships and when you’re first starting out your main goal should be to get some credits.

So that’s really the answer: if you want control over your projects become a producer and raise the money to shoot them.  Then you can either direct the movie yourself or hire a director who shares your vision.

The obvious next question is “how do I attach myself as a director to my script.”  It’s your script so you can control its fate before you option it to someone.  So you can simply refuse to option your script to a producer if he won’t let you direct it.  But realize that this is killing your chances of ever optioning your script.  No producer in his right mind is going to want to get involved with a prima donna writer who thinks he can direct no matter how good his script is.  Remember, raising the money is the hardest part about filmmaking so it’s the producer who truly has the power.  Finding a person or company willing to put up the money to shoot your film is much harder for you then it is for a producer to find another good script.

My post Should I Have Specific Actors In Mind For My Script? covers similar material in that I explained how to handle it when you want to cast yourself as an actor in your script.  It’s a very similar problem and not something you really want to do if writing is your real focus.