We have writers who are making deals right now because of this new philosophy.

Initially, we designed this for our ProSeries Alumni, but two weeks ago, the decision was made to release it to screenwriters everywhere…and to do it at no charge to you.

Starting Jan. 31, 2011, you’ll get a philosophy tip every day by email.  These are some of the most important ways of thinking about your screenwriting career.  But we’re not forcing this on anyone.  You can read the tips, consider them, and then decide which you’d like to add to your current philosophy.

And the great news is this:  We’ll be discussing these tips live on the ScreenwritingU Twitter and Facebook pages.  We’d love to have you join us for those discussions.

To get more info, go to the Philosophy of a Great Screenwriter homepage.

TO SIGN UP NOW:

Over the past 10 years, I have dedicated myself to the education and promotion of true writing talent in the area of screenwriting. So, when an opportunity like Amazon Studios comes along, I’m very excited to see new pathways for new writers.

There is a lot of undiscovered talent throughout the world and I applaud your willingness to create another pathway for writers and filmmakers to break in. I can see you are trying to offer a unique opportunity and create a collaborative community in the hopes that the peer development process will succeed at creating better movies than the Hollywood system. It is an innovative approach and is definately worth testing.

The problem:  the Amazon Studios agreement has caused a lot of confusion and concern among the writing community.

You can see some of that in these blog posts:

Craig Mazin at The Artful Writer
Amazon’s Bad Deal

Liz Shannon Miller at GigaOM News
Read that Amazon Studios Contract Carefully, Kids.

Jesse Harris of NFFTY
Amazon the Movie Studio? Yeah right?

You say “We’ll evolve our contest rules over time, so you’ll want to check for updates.” on http://studios.amazon.com/getting-started and I’m hoping this letter will help in that process.

I’m not an attorney, but I’ve read hundreds of production company options and deal memos. I’ve also worked with thousands of screenwriters and have a good idea of what is important to them.

May I suggest a few modifications that may make this work even better?

(Please note I’m only discussing the writer’s part, not the filmmaker part.)

1. Consider the screenwriter in this process.

I was at Warner Brothers when this was announced and the question there was “With these terms, will higher quality writers submit scripts?”

Maybe it is a benefit to new writers that more experienced writers won’t submit with these terms, but if your hopes are to actually produce movies, you may want to modify some of these terms to make it attractive for everyone.

A. Currently, you are licensing before optioning???

Source: Development Agreement 6.1.1 to 6.1.4 http://studios.amazon.com/help/development-agreement

That’s like saying you want to have sex with us to decide if you’ll date us. For a writer to license the rights to their script to you without even knowing if they are getting an option assumes they are truly desperate.

B. Automatic 18 month just for submitting?

AMAZON: “So for 18 months after you create a project at Amazon Studios, you cannot display, sell or license your script or test movie elsewhere, or withdraw it for any reason. However, when the option term ends, if we haven’t exercised our option and purchased your work, you will get back non-exclusive rights to your original material.”

Source: Getting Started and FAQ

http://studios.amazon.com/getting-started

I’m guessing that the “You will get back non-exclusive rights” is a typo, so I won’t jump on that. But there are serious concerns here.

Essentially, Amazon will be taking thousands of scripts off the market in the hopes that a few of them get made into movies. And from what I can tell, you are “optioning” without ever looking at the script, so they are not real options for the writer, yet the writer is held to more strict requirements than exist in most industry option agreements.

In the industry, the script is optioned for 18 months because a producer is shopping it. By the Amazon Studio model, writers are losing the right to market their own script — and it is not being marketed by you unless they win.

Is there another way to do this?

C. Credit Determinations?
Development Agreement #15 http://studios.amazon.com/help/development-agreement

First, it is not clear that the original writer will get credit or that there is a process in place for determining who deserves credit if significant revisions have been made.

2. Possible solutions that will make it more of a “fair deal” for writers.

A. Taking the script off the market should only happen if Amazon Studios is truly serious about making some kind of deal with that specific script.

What about “non-exclusive” until the point that Amazon Studios has specifically made a decision to obtain this property and then it automatically becomes “exclusive?” Or what if the “18 month option” went into effect when the script has made it to a certain level that means some kind of deal is really possible?

In either case, Amazon Studios gets what it needs without having the writer lose their right to market their screenplay.

B. Credit?
Option 15. Credit Determinations . “We will determine in our sole discretion your credit, if any, in any film or other work we develop or produce that arises out of the Property, taking into account the guidelines set forth in the WGA Basic Agreement. Our determinations of credit will be final. Notwithstanding the foregoing, the WGA Basic Agreement does not apply to this Option Agreement. We are not a signatory to the WGA Basic Agreement.”

http://studios.amazon.com/help/development-agreement

Does this mean that you’ll look at all versions of the script like the WGA does before determining who gets credit?

Also consider this: If Amazon Studios is not a WGA signatory, why not set up a set of credits that provide “Written by…” and “Revisions by…” AND give credit to everyone who provided anything valuable? In some movies, there are 15 producer credits. Why limit the writer credits?

C. Set off — For no reason?

Development 17.4. and Option 18.5 Set-off . “We may, in our sole discretion, set-off or withhold any amounts payable to you hereunder against (a) any amounts payable by you to us under this Agreement, or (b) any royalties owed to any third parties with respect to the exercise of the rights you grant under this Agreement.”

http://studios.amazon.com/help/development-agreement

The way this is worded, a writer who gets to the top of the entire Amazon Studios process and has their movie made…may never receive compensation. Is that correct?

If you are going to have a “set off” in both agreements, you should have a specific list of problems that would cause that set off — and a set of remedies.

3. Make your “vetting process” one that will result in the best scripts being made into movies.

Your vetting process is unclear. That makes me think that you have done a tremendous amount of work to set this up, but haven’t had enough experience with the process to articulate it — or even to execute it well.

You’re going to get 20,000 scripts or more. (At this writing, there are 926.) And then another 20,000 revisions. How will scripts move up and be noticed by you? Will it be because some writers have more friends who can vote for them? Or are you truly looking for the best writing? Right now, you have a couple of vague statements about it.

And that brings me to my last recommendation…

4. Put together an advisory group from outside of Amazon.

Obviously, you need to take care of Amazon Studio needs, but there may be ways of doing this that work extremely well for Amazon AND for writers. Get some imput and you may be surprised how much it will improve the process and future success of Amazon Studios.

This won’t take long at all. Select knowledgeable people from each group that will be affected — writers, filmmakers, producers, Studio execs. Present the problems to them and see what their recommendations are.

—————–

To conclude, I’d like to see Amazon Studios succeed and have many writers break into the movie biz because of your efforts. Your first efforts at this are commendable. Please show us that Amazon Studios really does take the writer into consideration as you make your updates to the Development and Option agreements.

Hoping to hear back from you.

Hal Croasmun
ScreenwritingU

In reality, agents are business people who have a certain function — selling screenplays and packaging movies.  Their power comes from their direct connection to major players and agencies, and their ability to navigate the market and make deals. 

That is why writers want an agent — to sell your screenplays and get your movies made.   In order to accomplish that important goal, we need a perspective that makes sense in the world of agents and studios. 

If you’ve read How to Get an Agent Part 1, you’re ready for a more advanced conversation on the subject.  Here it is…

WHY WOULD AN AGENT WANT YOU?

It may seem like a harsh question, but you need to ask it.  Why would an agent, who already has plenty of clients, want to bring you on as a client?   And before we look at the answer, please remember this:

        If you’re not ready for an agent yet, you can grow into it. 

Remember, everyone who has an agent today was a new writer at some point in their life.  As they grew and improved, they became ready.  And part of being ready is having this perspective. 

KEY PERSPECTIVE:  Come in as someone the agent will want to do business with.

I’m not saying you should fake it or lie about anything.  Exactly the opposite.  Just do what it takes to be a professional screenwriter.  Learn the skills.  Write great scripts.  Learn the business.  Present yourself through your writing.   And if you want to speed up the process, join some of our classes. 

For the agent, bringing on a new client is a lot of work.   They have to get to know you and your writing.  They have to find out what your strengths and weaknesses are.  And they have to match your work to their markets. 

One easy way to increase your “bankability” with an agent is to actually do some business of your own.  Many writers don’t know that you can make deals without agents, especially with small and medium-sized producers.  Using the strategies of 15 Ways to Sell Screenplays Online, you can get scripts to producers. 

If one of them options your script, you will be able to use today’s pathway for getting an agent.

PATHWAY #3:  You’ve been optioned. 

Pathway 3:  Get optioned –> Contact agents –> Agent reads your marketable scripts –> Discussion between agent and you –> Representation.

We have a lot of people in the ProSeries Alumni who are at this stage.  They have been optioned by a producer and the deal is being developed, out to actors, or being shopped to Studios.  Since the project hasn’t gone into production, there isn’t any real money that would attract an agent, yet. 

Let’s be honest on this.  An option with a small producer isn’t enough to get a major agency involved.  But it could easily get your next script read for consideration.  Saying “I’m an optioned screenwriter” gives you much more credibility than saying “I’ve written five scripts, but nothing has happened with them.”

The option shows enough promise and credibility to start the conversation.  It says many things about you.

• Your writing is good enough to a producer make a deal with you.
• You’ve been through at least one experience in the Biz…and will understand more because of it.
• You have risen above 85% of the writers out there and worth the agent gambling a few hours on.

In short, you are someone the agent may want to do business with. 

HOW DOES IT WORK?

With your option in hand, you contact agents either by phone, query letter, or through a 3rd party.   Since your current script is already optioned, the agent will want to see other scripts they can possibly sell.  Naturally, you present them with another well-written script that has a great marketing hook (high concept, lead characters actors want to play, etc.), right?   If so, they’ll love you. 

CAUTION:  When you have an agent’s ear, don’t tell the agent about any scripts that aren’t highly marketable.  That will only reduce their interest.  

One more thing: you don’t have to seek agents the moment you get optioned.  Instead, be smart about this and write another great script.  Then start seeking agents when you have the goods.  That way, you have an excellent pitch — “I’ve been optioned…and I have a great script you can sell right now.”

Once the agent has seen that you are a great writer with scripts they can sell, they’ll have a quick conversation to confirm you are ready for the Biz.  If so, you’ll get signed. 

Having an agent is a business relationship for both agent and writer.   For you, success comes from great writing, an understanding of the Biz, and applying strategies and pathways that work.   The more you improve the quality of those three areas, the better your chance. 

And as we add more pathways, you’ll have more ways to land your future agent. 

NEXT ISSUE:  The easy way to find a hungry agent.

These are strategies that are working for our ProSeries Alumni writers.  But rather than  just listing the strategy, the real value here is that each article will give you the PATHWAY that our writers are traveling. 

Why the pathways?

Because I believe in providing practical solutions and strategies that work.   Below, you’ll see that the pathway gives a more complete understanding of the process.  It also fills in the gaps that trip most people up when they go for an agent. 

Most important:  Don’t go to agents unless you have scripts that are “agent worthy.”   To me, agent worthy means an agent can take it straight to buyers; because it is that good.  No holes, no flaws, no boring parts, and most important – it is has a great hook that makes it easy to sell.   

It fits the 10 Commandments of Screenwriting. 

For an unproduced writer, agents serve one primary function – putting together deals on scripts that are salable.  If you need feedback, get it from other writers and script consultants.  If you need to improve your writing, join us for Screenwriting U classes.    If you need someone to help you come up with ideas, get a partner.    In general, agents don’t do any of those things.

THE PATHWAYS TO A SCREENPLAY AGENT

Pathway 1.  Win contest –> Email query letter announcing contest win –> Script read by agent or manager –> Phone call with agent to confirm the writer understands the biz –> Representation. 

This pathway depends upon you having some kind of contest success – either a win in a smaller contest, a finalist in a midsize contest, or even a semi-finalist in one of the larger contests.  That “win” means that your script has been vetted by the contest and that gives you credibility. 

The email query announcing a contest win is better than an email query that just pitches a script.  Again, it shows that your script is higher quality than most. 

If the screenplay agent or manager loves the writing, it is likely that you’ll receive an email or call.  That call is to determine what kind of person you’ll be to work with and see if your future projects are something the agent could sell. 

What does the agent want to see about you in that call?

        – Committed to creating a career, rather than making the “big media deal.”

        – Focused on creating marketable screenplays in the future. 

        – Willing to make changes that help make the sale.

        – Psychologically healthy in a business environment. 

If you pass the phone test, you’ll get representation. 

Pathway 2.  Write great script –> Get it to friend who is represented –> Friend puts reputation on the line and recommends script to agent –> Agent reads script and believes he can sell it –> Agent meets with writer to confirm writer understands the biz –> Representation.

We just had this pathway pay off for one of our writers today. 

As always, the quality of your writing is a big factor in your success.   As you get other writers to read your work, you’ll hit upon writers who are represented.  If one of them loves your writing, she’ll ask if she can give the script to her agent or manager.  It happens often with our group, so I know this strategy works. 

Like the first strategy, the agent contacts you if they love your writing and believe it can sell.  Another important thing to note is that an agent or manager may request another of your scripts to make sure you are truly ready to enter the industry.   If you’re local, they’ll want to meet with you.  This puts a face to the voice, but it also shows them how you take meetings. 

In meetings with agents, you want to be friendly, open, and have at least one other logline to pitch.  Be honest about your experience, but let them know that you learn fast and are willing to do what it takes. 

IMPORTANT:  If the agent/manager says they want to represent you (assuming you want them to), stop pitching immediately and agree.  I’ve seen people pitch themselves into an agent, then they keep pitching until the agent changes his mind.   When you get the deal, stop talking and accept it.

There are many paths to getting a screenplay agent.  The more you know, the better your chance…as long as your scripts are “agent worthy.”    And if your writing isn’t to that level yet, we can help you with that.  It’s all a matter of taking the steps, learning the skills, and applying them to write a great script. 

In three days, Part Two will outline more pathways and a UNIQUE perspective on getting a screenplay agent.

There are more ways to break into Hollywood (including the Indie market) and sell a screenplay than there have ever been.   And after you read this article, you’ll have a new level of access and freedom to make your career happen.

It is as simple as three steps and 15 online strategies that can sell a screenplay.

STEP 1.  Write a great script – Intriguing concept, cool characters, and well written.

Keep rewriting that script until it is a showpiece.  The more you can establish a reputation of you being a professional, the better your chance of success.   Remember, every page of your script either says you are an amateur or a Pro.   So make them the best they can be.

You may already have a great script…or a script that can become great.   Good choices and a strong rewrite process are the keys to success here.  If you want to improve your rewrite process, join us this weekend for our “21 Steps to a Professional Rewrite” teleconference.  It’s free.

STEP 2.   Use your writing skills to create a compelling pitch.

If you can say your pitch in one or two interesting sentences, you’ve tripled your chance of success.  Make sure it is concise, has a hook that intrigues us, and has us see the story in our mind.

When writing a pitch, remember that your purpose is to get the script REQUESTED, not to give them a book report on the story.    Hook them and make it a smart choice to request the script.

STEP 3.  Use the “15 Ways” list below to get your script to a “Champion.”

You’ve got a great script, a great pitch, and now you need it in the hands of a champion – someone with connections.  Your champion might be a producer, agent, manager, or a friend on the inside.  You just need to find someone who loves your writing and can’t stop themselves from promoting it.

This industry operates on recommendations.  When an agent sends out a script, they are recommending it.  When a producer gets a script to a Studio, she is recommending it.   When a writer hands your script to his agent, he is recommending you.

And the right recommendation may be all you need to sell a screenplay.

15 Ways to Sell a Screenplay Online – In no specific order.

A.  Start with your own network.

It’s Six Degrees of Separation:  Who do you know ONLINE who knows someone?  Get your friend to read your script.  If they love it, they’ll recommend it to their contacts.

BTW, now is the time to start building your network or focusing it on contacts who can help you achieve your screenwriting goals.

B.  Build relationships with producers on Twitter, Facebook, or LinkedIn.

They’re out there, but when you meet them, you need to become part of their world.  At some point along the way, you’ll tell them about your script.   Be discrete and maintain the relationship for the future.

Here’s a list of 200 Producers on Twitter provided by ScreenwritingU.  If you know of other producers on Twitter, please let me know (send tweet to @ScreenwritingU ) and I’ll add them to the list.

C.  Give InkTip a Try.

InkTip has a large database of producers who are continually looking for screenplays.  For a fee, they’ll list your logline in a brochure/magazine that goes out to over 5,000 production companies.  You can also pay to post your entire script and get reads from producers.

D.  Blog about your subject.

Diablo Cody made this one famous.  Put up a blog about your subject and turn yourself into a character that people can’t resist.  If your subject is compelling – and you put yourself out there – you may be the next big blog success to sell a screenplay.

E.  Build relationships with professional screenwriters who can recommend your script.

Professional screenwriters know agents, managers, and producers.  If you can strike up a relationship, you’ll be surprised what may happen.   Many movies have been made this way.

Where do you find them?  Twitter, Facebook, LinkedIn, blogs, articles, writer’s groups, etc.

F.  Use one of the online blasting services.

These services blast a query letter to hundreds of producers and/or agents.   The percentage of success depends on the service’s reputation, but more importantly, on the quality of your query letter/pitch.   If you have a strong query letter, check out ScriptBlaster.

G. Enter contests that promise “producer reads” or PR about the winners.

MovieBytes lists 100’s of screenplay contests along with what their prizes are.   You can read report cards on each contest and decide which fits your needs.

H.   Take classes with connected teachers.

Some screenwriting teachers have connections.   Most don’t.   Every year, I introduce our up-and-coming screenwriters to producers who can make their movies.  We’ve brought over 100 of our ProSeries writers to L.A. in the last four years.   You can see the results here.

I.  Coverage service that sends out “Recommends.”

Most coverage services give a pass, consider, or recommend as per industry standards.  A few will send scripts that gets a recommend out to their producer contacts.

ScriptShark offers that service, as well as a few others.

J.  Become part of a writing group where writers are selling scripts.

There are two big benefits to being part of a group where the other writers are selling scripts.  First, it gives you the potential of those writers recommending your work.

Just as important, being around others who are making deals provides inspiration, motivation, and a map of the many paths into the Biz.  Our ProSeries Alumni are constantly making deals and sharing their stories with the rest of the group.   And that’s a pretty good thing to have in your consciousness.

K.  Consider a Sherwood Oaks Producer Event

Sherwood Oaks Experimental College puts on three day events where you meet producers as part of a group.  It is a low-stress way to learn the industry and build up a list of Hollywood contacts.

L.  Lists of producers looking for scripts.

There are a few places that list producers who are looking for scripts.  One of them is the International Screenwriting Association.

M.  Teleconferences or Podcasts with producers.

From time to time, we do teleconferences with producers.   Creative Screenwriting Magazine does podcast with writers, producers, and directors.

How that will help you?  Because it gets you a clear idea of what producers are looking for and how the business side of the process works.  So you’re better prepared when you get that call from a producer.

N.  Screenwriters On Line service with chats with producers

Screenwriters On Line has online chats with producers who have agreed in advance to read your query letter.  So you get double value – learn what they need, then send a query letter that will be read.

O.  Online Pitch-Fest

This is definitely something we’ll be seeing more of in the future.  Online real-time meetings with producers.   Sitting at your computer, you are face-to-face with a producer who listens to your pitch.

FadeIn Magazine offers this right now.  Check it out.

————

You now have ways to get access to the kind of champions who can move your career forward and sell a screenplay.  But before you start sending scripts, ask yourself one more question – Is your screenwriting at a professional level?   Because that is what producers and agents are looking for.

If you’re wanting to bring your writing skills to a professional level and understand the business side of screenwriting, you should consider joining us for an upcoming ProSeries – and write the best script of your life so far.

One last thing:  Over the coming months and years, more and more online paths to Hollywood will open up.  The possibility of getting your script to a producer or agent will increase with each of them.  If you really want to make it, the opportunities are there.

Now, go forth, sell a screenplay, and prosper.

Slashfilm.com — Universal has purchased David Guggenheim’s spec Safe House for $600k against $900k, winning out against two other movie studios in a bidding war. The action thriller tells the story of a CIA agent who becomes the only survivor after a CIA safe house attack, and must help a dangerous prisoner avoid being killed as they escape to a second safe house, “outmaneuvering various forces that want them both dead.”

According to an LA Times article, Universal, Sony, and Dreamworks were involved in the bidding.  But the question is why. 

Why were Studios so attracted to this script?

My answer to that question is that THE WRITER MADE SMART CHOICES.   Here are the three most important choices – all of which showed up in the LA Times article. 

1.  High concept.

 It is a story that can easily be marketed by a Studio – because it can be pitched in one or two compelling sentences.  That’s important when there’s $50 – $100 million at stake. 

 2.  Role for A-List actor.

LA Times – “In addition to the appealing premise, the movie is thought to sport a lead role that would be a choice one for a number of young A-listers, with its prestige gloss but commercial hook.”

 Guggenheim created a lead role that would bring on a second marketable element – an A-list actor.

3.  The story is written with a focus on making each part as interesting as it can be.

I haven’t read the screenplay, but you can tell many things from the pitch.  He picked a location that was different than previous thrillers.  The terrain causes the characters problems.  It’s a young CIA guy with a dangerous prisoner, which will create an interesting dynamic and character relationships. 

As much as I can tell, he observed the 10 Commandments of Screenwriting.

And here’s the good news.  Any writer can make similar choices and increase their chance of success.  If you are going for the Studio market, you’ll want to duplicate those three choices.  If you are working with the Indie market, you’ll still want to create a marketable concept and great characters, but you may make the story more edgy. 

Of course, Guggenheim already had connections – through his magazine and two brothers (both produced screenwriters) and that absolutely helps.   But his success came from his choices – otherwise there would have been no bidding war and no news.

…but there is change in the air.

We recently did a ScreenwritingU event where I interviewed 16 producers and 2 agents in Los Angeles for a group of our writers.  One of the questions that came up over and over was…

“Is selling a screenplay possible from outside L.A.?”

In the audience, we had writers from all over the world.   Only a few lived around L.A., so this one question was pretty important to the group.

WHAT WAS THE SCORE?

I’ve done interviews with producers for twelve years.   Up until recently, the typical answer to the “selling a screenplay from outside L.A.” question was “The odds are against you.”  But this year, there was a change.

QUESTION:  Is it possible to sell scripts from outside L.A.?

15 producers said YES.

1 producer and both agents said NO.

QUESTION:  Have you optioned or bought a script from outside L.A.?

8 producers said YES.

3 producers had already made movies with writers from outside the U.S.

It’s not a perfect score, but it means that it is possible for a writer to succeed from anywhere in the World.

FIRST, THE BAD NEWS…

…which isn’t really bad.   Let’s get the “no’s” out of the way.

The producer who said no was from a big production company on the lot of Universal.  He likes to see writers face-to-face.  He does a lot of meetings.  For his way of doing business, you would have to live in town.

For the two agents, their whole success depends upon you being active in the Hollywood community.  They want you meeting producers, going in for assignment jobs, and generally, making money – for you and the agent.   That doesn’t mean you can’t get an agent or manager from outside of town;  you can.  Just don’t go for the big agencies.

Those three represented the “standard Hollywood model” of working with writers.  It is how things have traditionally been done and it will continue to be the standard for a while to come, but…

NOW, THE GOOD NEWS

Fifteen producers said YES.  Half of them have optioned scripts from writers out of town.  They have found that working with writers can be done on the phone or on the Net.   In fact, some of them have become quite proficient at it.

When I asked what had attracted them to work with a writer on the Net, they gave answers that remain a constant in this industry.

-          Intriguing concept.

-          Great characters.

-          Quality of writing.

-          Interesting voice.

They are looking for writers who bring in professional quality scripts.   And that makes sense because the producer is looking to make great movies.

WHAT’S YOUR PART IN THIS?

You need to do everything you can to make it easy for producers to work with you.  If your producer is new to the Net, walk him through the process and MAKE SURE IT WORKS.   He will always remember you for liberating him from the old model.

WHERE CAN YOU FIND PRODUCERS?

In the last few years, many of the mid-level producers in Los Angeles have joined Social Networks.  They’re on Twitter, Facebook, LinkedIn, and others.   Some are actively looking for scripts.  Some are just exploring the territory.

But if you strike up a relationship, you never know what might happen.   The odds of selling a screenplay are more and more in your favor every day.

—————–

SPECIAL NOTE:  I’ve made it one of my missions to help writers break in from outside Los Angeles.  If you look at our Screenwriters To Watch page where we list over 100 screenwriting deals our group has made, you’ll see that many of them are from outside California and about half are from outside the U.S..  Our professional screenwriting program has a whole module devoted to ways writers can market themselves from anywhere in the world.

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.

Nick,

Let me can clear up some of the confusion. This may come as “harsh reality,” but the more you understand about the process, the easier it will be for you to make decisions that will have you be successful.

Studios are at the top of the food chain. Beneath them are the major production companies that are on their lot. There are usually 25 – 40 of them on the lot of each Studio. Who feeds those major production companies are Agents, Managers, and small Producers like Cheryl and I.

Most of the major production companies and all of the Studios won’t accept pitches from anyone they don’t know. In truth, they have so many projects coming from their sources that they don’t need to work with anyone they don’t know.

What’s the solution?

Find a champion who does have access. So your job is to find one of the 2000 plus small producers or an Agent or Manager who can get your work in the door. Then, get them to fall in love with your work and make an agreement for them to pitch it to the companies who might want to make your movie.

It is absolutely possible to get your script read — if you have a great pitch. Then, make sure your writing is just as good as your pitch and you stand a good chance of making it in this business.

Now, you understand the process. Follow the map I just gave you and start searching for those small producers who do projects that are similar to yours.

You can do it.