It’s going to happen to you. 

When you get to a certain point in your writing, you’ll get requests to work on spec.  It is just a natural part of your development as a screenwriter. 

Your writing has become good enough that some small producers want to work with you.  Very likely, they’ll want you to work on spec. (no money up front) with some kind of deferred payment if and only if the movie gets made. 

Is that a good deal or a bad deal? 

DISCLAIMER:  I’m not an attorney, nor is this legal advice.  If you need legal advice on a deal, consult an ENTERTAINMENT attorney. 

Now, let’s get into this messy situation and see what happens when you’re offered one of these deals. 

THE SITUATION

About an hour ago, I got off the phone with a new screenwriter (completed two scripts) and she got a proposal from a producer to write a script on spec.  The producer (who currently has no funding) liked the writing style of a script she had submitted and wanted her to write a script for him that had the same voice. 

She posted the terms of the deal to a screenwriting group and got an overwhelming negative response.  Almost everyone who responded told her not to do the deal.  They pointed out how much effort it is to write a script and how the producer isn’t worth working with if they don’t have funding. 

Could be sound advice – if she was already a professional writer, had credits, and had other deals on the table with funding.   But she doesn’t have any of those; a point that she made when she posted the request for advice.

LOOK AT OTHER PARTS OF THE MOVIE BIZ

Before people go off screaming about how writers get screwed, let me point out another side of the industry.  The “filmmaking community” does the opposite.  They are out there working on as many movies as they can to get experience and to learn their craft.  They are also using spec projects to build their network and create relationships with up-and-coming filmmakers. 

BTW, the movie industry is built on spec deals.  Every producer I know does multiple spec deals.  In most cases, they don’t get paid a cent until a movie goes into production.  I know producers who have had a spec project in play for as much as 20 years before the movie got made.   It is typical for major production companies connected with Studio to have spec projects they’re getting ready to present to the Studio for funding – many of which don’t pan out.   

Why would spec work make sense in the filmmaker community and for producers, and be a huge “no-no” in the screenwriting community? 

But all of that is not as important as this one thing…

DID THEY CONSIDER THE WRITER?

What was interesting to me was that none of the advice-givers asked her what was important to her.  In fact, they didn’t ask her a single question.  They just went into the standard rant about why anything speculative is a bad deal. 

Let’s be clear about one thing.  I’m not advocating that everyone do spec deals.  But when someone asks me for advice, I first try to understand their situation.   I believe that the more rational we can be, the more likely the decision will be a good one.

Talking with her on the phone, I asked certain questions. 

1. Do you want the experience of working with this producer?
2. Do you like this story idea enough to spend six months on it?
3. Do you have other projects to work on right now that will benefit your career more?
4. What value do you think you’ll get out of this deal even if it doesn’t get made?
5. What will you do instead if you turn this deal down?
6. What will you lose if you turn this deal down?
7. What’s the best action for YOUR CAREER?

Why didn’t they ask ANY of those questions before they trashed the deal?  Were they actually considering her?   Or do they have a blanket answer to every spec deal? 

WHAT ELSE COULD HAVE BEEN CONSIDERED?

There are other things to consider in a deal like this – who the producer is, their vision, their plan for getting funding, how marketable the story is, whether the producer can attach talent, how they’ll write the agreement, etc.. 

But no one asked those questions, either. 

WHAT DID SHE LOSE?

At the conclusion of all their advice, here’s what she lost by turning it down:

1. She didn’t get the experience of working with a producer.
2. She didn’t get to challenge the quality of her writing and elevate it to meet the market’s standards. 
3. She didn’t get to take the ride to even see if the movie could be made.
4. She didn’t get the chance to have a credit (that may or may not have happened).
5. She didn’t get an increase in her credibility because she can’t call herself a “working screenwriter” or say that she has done a writing assignment.
6. She didn’t even get the chance to make any money if the movie got made.

Basically, she got NOTHING by not doing it.   Is it a serious loss?  I doubt it.   I’m sure she has other ideas to write scripts on.   But she had a chance to play the game and gave it up because of the advice she got.   

HOW SHOULD A DECISION LIKE THIS BE MADE?

Over the last two years, I’ve helped over 100 writers make some kind of deal – both paid and spec.  I’ve also advised writers not to take certain deals.   Today, I was on the phone with three different writers who had three very different proposals.   I gave each of them different advice BASED UPON THE OFFER AND THEIR PERSONAL CAREER. 

At different points in your career, you may make different choices. 

• If you’ve written a few scripts and need experience, a spec deal may be a great opportunity. 
• If you have already had a couple of scripts optioned, there would have to be something really valuable there to make it worth it. 
• But if you had already sold a few scripts, have other deals in the works, etc., the spec deal would probably be a bad choice. 

MY ADVICE:  Make the best decisions for your current career…and don’t let anyone keep you from doing that.

One more thing:  Even on a spec deal, you should get the agreement in writing.   That way, if it does get made into a movie, you’ll have a written document that gives you credit, compensation, and the power to stand up for yourself if something goes wrong. 

Remember this: Writing careers don’t happen because of fear.  They happen because of great writing, understanding the industry, and making good career decisions in whatever your current situation is. 

If you have a small or large producer who wants to work with you, ask the questions I listed above – and then make the best decision for you, whatever it is.

Filed under: Selling Your Screenplay Tags: by admin Date 28 January, 2010