Frequently Asked Questions: Writing

Answers from Mark Litwak, Attorney At Law



DISCLAIMER: The information provided here is intended to provide general information and does not constitute legal advice. You should not act or rely on such information without seeking the advice of an attorney and receiving counsel based on your particular facts and circumstances. Many of the legal principles mentioned might be subject to exceptions and qualifications, which are not necessarily noted in the answers. Furthermore, laws are subject to change and vary by jurisdiction.



Question: I am currently working with another writer. He has a completed script. I am doing some rewrites and I hope to shop it around. My questions are: Do I need to option this script and how? Do I get writer's credit? And what would my steps be in registering this work?



Answer: You should have a written agreement regarding your collaboration. If you want an option to purchase rights to the work, you should have a written option agreement. Otherwise, you risk losing rights to the script. After spending a great deal of effort fixing this script, you do not want to find yourself in a position where the author refuses to acknowledge an agreement you did not put into writing.



The work can be registered with the Copyright Office at the Library of Congress (http://www.copyright.gov). The parties determine credit, but if the script is subject to the Writers Guild agreement, the Guild will determine how writing credit is allocated in the event of a dispute.



Question: I want to write a screenplay about the death of a friend that happened 28 years ago. Although I'm changing the names and dates, the way the death occurred will undoubtedly raise a red flag with the family if they are living. Do I need permission from the family of the deceased?



Answer: In regard to writing about people who are dead, you don't have to worry about obtaining the family's permission, since defamation and invasion of privacy rights are considered personal and do not descend to the estate of the deceased. Other secondary characters, however, might have a claim for invasion of privacy if what you reveal is considered offensive, or they may claim defamation if they themselves are shown in a derogatory light and the information is not true. By changing the names and the dates, you make it more difficult for the public to identify the people involved. You may also want to add a disclaimer that none of the characters are real individuals. You may also seek the cooperation of the family so that they will share with you inside information and materials that are not in the public domain, such as diaries, which might be helpful in writing the film.



Question: I had an offer for one of my screenplays — $5,000 U.S dollars. Should I take it or ask for Writers Guild minimum?



Answer: Assuming that you are not a member of the Writers Guild, whether you should accept the offer depends on your stature in the industry, how likely it is that there is another buyer who will pay more, and the identity of the buyer. If the buyer is a major studio or production company, it should pay you at least WGA scale. If you are a beginning screenwriter, and this is a smaller, reputable company, you may want to accept its offer, although it would be best if the payment were for an option on the property rather than for buying outright the motion picture rights to that property. Also, try to negotiate a reversion clause in the event your screenplay doesn't get made.



Question: I am about to enter into a contract to write a script on spec for some would-be producers—a dangerous venture, I know. Do you have any words of wisdom on how to maximize my opportunity to sell a script while minimizing the likelihood of being taken advantage of?



Answer: If you are not being paid for the script, you should retain the copyright to it. Make sure it is not a work-for-hire vesting the copyright in the producers. If they don't like the work, at least you will own it, and you can try to set it up elsewhere.



Question: I am in negotiation with a production company to write a script for hire. They won't have money to pay me until (and if) a film is actually made. What should I be aware of in making this deal?



Answer: You are working on spec. You should write the script on your own without any obligation to them, because after all they aren't making any commitment to you. Thus, if you choose to proceed, you should retain all rights to your script and be free to take it elsewhere later.



Question: I'm a first-time screenwriter currently negotiating an Option/Acquisition agreement with a small independent film group. I have an entertainment attorney working with me. I have two questions, really. My questions: (1) Is it unusual for a first-time writer to receive any percentage points? (2) Can you direct me to a group that might help me contact experienced screenwriters so that I might benefit from their advice?



Answer: It is not unusual for a first-time writer to receive a percentage of net profits. Typically, they receive 5% of 100% of the net profits if they receive sole screen writing credits, and 2.5% of 100% if they receive shared credit. As far as a writers' group, you may want to contact the Society of Journalists and Writers, or the Writers Guild, or the Author's Guild.



Question: I'm in a pickle. I'm writing a show with two college buddies, with only a verbal partnership agreement. MTV wants to buy, but we're hung up over credits. Do you know what the difference is between "Created by" and "Story by"? Does one carry more clout in the industry? Does one indicate ownership? One member of our group has an agent who wants the other two partners who are neophytes kept hidden.



Answer: You should contact the Writers Guild and obtain from them information about the differences in credit. "Created by" is a television credit; "Story by" is used for films. For projects subject to Writers Guild jurisdiction, the guild determines who is entitled to credit. The matter is not open to negotiation. If there is a dispute concerning who is entitled to credit, the Writers Guild will arbitrate and make the final determination.



Question: Release forms seem one-sided, completely in favor of production companies. What protection or recourse can a writer have when he or she signs a release form for the sake of having his or her script considered? Sure, a production company may have something in the works similar to the writer's material, but it seems "release forms" also can open the door for the outright theft of intellectual property without fear of any writer "claims" being made. Once a writer signs a release form, what specific steps can the writer take if a company produces something similar to or even identical to the writer's material?



Answer: Release forms may make it more difficult for you to sue someone for ripping you off, but such forms may not provide a complete shield. California does not, as a matter of public policy, allow release forms to protect people from their own intentional wrongdoing. Consequently, if the person who rips you off does so intentionally, they may be liable regardless of the terms of the release. If, on the other hand, the other party merely is negligent in infringing your work, the release may prevent you from prevailing in an action against the other party.



Question: Can you give us some parameters of what options on scripts are going for these days? What are the percentages? What is standard? Is it based on a percentage of the (proposed or actual) production budget or what? If you would, please give us as much information about an option deal as you can.



Answer: Most scripts that are written are never optioned and they are not produced. So it's hard to generalize. Obviously, the most desirable scripts when they are optioned or bought outright by a major studio, the price can be more than a million dollars. Options typically are 10% of the purchase price. For beginning writers who have never sold a script before or had anything produced, scripts may be optioned for nominal consideration, and the purchase price may be as low as a few thousand dollars. If you agree to option your property, especially for modest compensation, you should ask for a bonus when the movie gets made and a reversion clause that would revert all rights to you in the event the script does not go into production within five years.



Question: I am a freelance screenwriter. I have written two film adaptations based on novels (which I wrote, initially, as an exercise) and am now interested in marketing. I have tracked the film rights to their source and am planning on initiating negotiations for option(s)—having used your work as a reference. At this point I have not sought an agent to help me obtain these rights, nor assist in marketing the work when (more to the point, if) I can obtain the rights. My questions are: I would like to use these works—in addition to my original work—to seek representation. Am I committing any illegal or unethical violations by showing these works to an agent, having not yet gained an option? (Naturally, I would make that point clear, and would not allow the agent to market the work without an option.) And, second, does the agent commit any wrongdoing reading the work? Thank you for your time (and for your previous works, which I have found to be priceless.)



Answer: Creating a derivative work (i.e. a screenplay based on someone else's novel) without permission is usually copyright infringement. Sometimes a fair use, such as a parody, might be protected. From a practical point of view, unless you exploit the screenplay by making a movie based on it, it's unlikely that the novelist would bother to file a lawsuit against you. Moreover, if the screenplay were not produced, it the copyright holder's actual damages would be modest, but if the work was registered in a timely manner, then they could obtain statutory damages and reimbursement of attorney fees.



Question: I have an independent producer interested in my script. I am a first time scriptwriter. They plan to shoot on a million dollar budget. What kind of money should I be looking for? Do I ask for up front money as well as a back end deal? What would you say would be a good deal? Thank you.



Answer: The amount of payment that you should receive is dependent upon your stature and track record and the resources of the independent producer. If this is a very low-budget film, funded with independent financing, I have seen scripts acquired for as little as $5,000 up front. For a million dollar film, a fee of $35,000–$50,000 seems reasonable. If you are going to give your script to someone for a very minimal payment, then it seems to me you should be rewarded handsomely on the back end with a significant deferment and/or participation in the profits. As a general rule, 5% of a production budget goes toward acquisition of underlying life story rights and/or any literary properties and payment for all screenplays and re-writes. However, this 5% figure is somewhat inaccurate for very low-budget pictures or very high-budget pictures.



Question: What are the legalities of using actual business names or organizational names in a Screenplay? For Example: McDonald's, Jackson Memorial Hospital, Outback Steakhouse, etc. I have never known if I can use actual names or if I have to make up the names of hospitals, restaurants, etc.



Answer: Generally speaking, you can use actual names of people, hospitals or restaurants without their permission. However, if you defame these entities by portraying them in a derogatory light, you may be liable for defamation. Likewise, if you invade the privacy of people by revealing intimate details of their lives, you may be liable. If you use these names in any way to indicate that the film was produced by one of these companies, you potentially can be liable for unfair competition and/or trademark infringement. So the answer to your question is that liability is determined by how you use the names. Under the First Amendment, you are permitted to mention other people in books and films without their permission. Before you go into production, it would be a good idea to have your script reviewed by an experienced entertainment attorney to point out any potential pitfalls. Of course, it never hurts to obtain a release. And to play it safe, you may want to have your prop person come up with a pseudo product so there is no chance of liability.



Question: As a general rule of thumb, how much would a revision of an earlier registered (WGA) and copyright registered (LOC) version need to change until it would be a good idea to re-register the new version. If I changed a character name as an example, but nothing in the scene or anywhere else in the screenplay, would I need to re-register it with WGA and LOC? What's the general guideline?



Answer: Depends on how paranoid you are. I would not re-register a script simply because one character's name was changed. However, if you make significant changes to a script, you may want to re-register it because the new material would not be protected under the previous registration. Registration with the Writers Guild simply creates evidence in the case of a plagiarism dispute, evidence that you created the work first. Registration with the Library of Congress creates a public record of your claim of authorship and also may entitle you to certain other benefits such as reimbursement of attorney fees and statutory damages (if the registration was made in a timely manner).



Question: I'm a NYC screenwriter who has written a low-budget script. My friend, an LA film editor for the past 20 years, with several A-movie credits, but who is looking to move to producing/directing, took the script to a producer with several feature credits. The Producer says she can put together a $3 million budget if we bring her a package (a director or lead actor or both) that she can sell. We are currently working on this, with most of the work being done by my L.A.-based editor friend. My questions are: (1) How can we attach my editor friend to the script so he does not get left behind? Should he option the script for a token amount? Should we set up some kind of limited partnership? (2) In a $3 million budget, how much money could I, an unknown, unproduced screenwriter, expect to make? (3) Given that I don't think I'm going to make enough $$ to change my life, how can I remain attached to the production in a meaningful way? Am I looking for a production credit?



Answer: You can attach your writer friend by simply refusing to give an option on the script to a producer unless your editor friend is attached as a co-producer, or the buyer agrees to whatever other terms you insist upon. You can also let your editor friend option the script from you, in which case he would have control over the project, not you. As for how much compensation you can expect to receive, as a rough rule of thumb, no more than 5% of the budget for a film should go to acquisition of story rights, including any life story rights needed, any underlying literary material such as a book, and fees for all the writers and re-writers. This 5% guideline is not accurate for low-budget features, or very expensive features. I would ask for a minimum of WGA scale against 5% of the budget. Be prepared to go down to 3% of the budget. From the point of view of an unproduced screenwriter, the most important benefit will be having credit in a finished film. This will give you credibility and enable you to get a greater fee next time.



Question: I am trying to option a book, I have been a casting director for many years and I know how to get quotes easily on actors and to make offers on names, but in this new area I feel like a student. I know that I need to make an option based on some info as to what the authors of other books may have sold for and even other comparable books may have been optioned for. Where can I get that info? If it were an actor I can call the casting director on his last few films, but this doesn't seem that clear cut.



Answer: As a general rule of thumb, options are often 10% of the purchase price. However, options are negotiable and it is not uncommon today for authors with little clout to grant options for a nominal amount of money in the hope a producer will succeed in turning their book into a film. The purchase price will depend greatly on the demand for the work. A John Grisham novel will go for millions, and the author may refuse to option it at all, insisting on an outright sale. Probably the best source to obtain that type of information you want is to contact an experienced literary agent who actively buys and sells book rights.



Question: My partners and I recently came up with an idea for a TV series that we would like to develop. Part of the angle of the show (and potential problem) is that we would like each episode to be written by non-union, non-professional writers. We would basically be soliciting scripts from the average American (a new writer for every episode). Our writing staff would then re-work the scripts if necessary to prepare them for shooting. Before we start pitching this idea to anyone, we need to know if it's legal to use non-union writers for TV.



Answer: You are under no obligation to become a signatory to the Writers Guild, or any other union. Keep in mind, however, that most experienced and talented screenwriters are members of the Writer's Guild. The work product by non-professional writers may not be very good.



Question: What type of permissions would I need for a book I've written based on the Andy Griffith Show? It's of the "life's lessons from the Andy Griffith Show" kinds of books and does use quotes from the show. I've seen many other Andy books that don't seem to have gotten permission or the blessings of Mayberry Enterprises or Viacom.



Answer: If you extensively quote the Andy Griffith Show, you may be infringing its copyright. If, on the other hand, you are not quoting the material, but simply commenting or critiquing the Andy Griffith Show, then your work will probably be protected as a fair use. It is really a matter of degree. Try to limit your quotes to those instances where it is absolutely necessary. Make sure the quotes comprise a relatively small portion of your overall work.



Question: I have been in touch with a novelist who was interested in selling his action-thriller novel to a studio. I proposed to turn it into a screenplay first to try and get it sold as a "spec," which I thought would be more profitable for both of us. The author owns the rights but my screenplay will only be based on the novel. He has agreed to let me adapt it.



What do you think is the best course of action to make it fair for both of us and avoid any possible future disagreements? I thought that we could share the money equally from any sale, but am I too unprotected or is he taking an unnecessary risk?



Answer: Since the novelist owns the underlying rights, you cannot prepare a derivative work such as a script, without his permission. Consequently, it is very important for you to make sure you have an agreement ahead of time. A particularly difficult issue you may need to resolve will be what happens if a potential purchaser likes the novel but does not want to buy your script. Are you entitled to any compensation for the work you have invested in the script? If you are a screenplay writer without a track record, it is questionable whether turning a novel into a screenplay will make it more profitable. The novel is being sold on the potential to make a good movie. Once the script is completed, the buyer may perceive that that potential has not been realized. There are thousands of novels published every year, far more than the number of movies produced.



As a general rule of thumb, no more than 5% of the final production budget for a film should go toward acquisition of underlying rights (like this novel), payment for any life story rights, (which apparently does not apply here since it is a fictional work), and to pay for all writers and re-writers. Once you write the script, you have no way of knowing how many rewrites, if any, will be required. How that 5% is divided up is dependent upon the stature of the writer and the marketability of the novel.



Question: I am writing a screenplay based on a professional sports team. I use the name, the stadium where they play, etc. However, all my characters are fictional. Still some will find some of these characters and/or the portrayal of their sport unflattering. By using the names of real teams, am I liable? Where is that line I shouldn't cross? Thank you.



Answer: This is a difficult question because the answer depends on the context. If for instance, you have created a screenplay where there is a fictional New York Yankees team that any reasonable viewer would know is not based on real life events, then it may well be protected under the First Amendment. Part of the difficulty here is that if you have a character portrayed in a negative light, or a character whose privacy is invaded, even if given a fictional name, viewers may think that this person represents a real individual. That person could have a claim against you although you did not use their real name. You should write the script you want and then have an experienced entertainment lawyer clear it before you begin production. For more detailed information, you can consult my book, Dealmaking in the Film and Television Industry.



Question: Thank you for your generosity. An entertainment outsider, I have developed treatments for television specials, television series, and television sports competition series using my expertise and relationships in a specific subject matter - each program is designed with specific broadcast or cable networks in mind for casting, broadcast timing, advertisers, and cross-promotion. I do have a connection or slight relationship with CAA agents and other industry insiders. What might be the best route to pitching the concepts and securing a production deal? I am to understand agencies, such as CAA and UT, will consider concepts, package them (using their talent, of course) and pitch networks.



Answer: Unfortunately, writers are not judged solely on their writing ability. Many times, agencies will not even consider looking at a script by a newcomer unless that script is recommended by an existing client, an industry insider, or someone the agency respects. Assuming you are able to get in the door, and meet with agents at a large packaging agency, you may find that they are not particularly interested in pitches from new writers. They will be more interested in completed scripts. These are much easier to sell for a novice screenwriter. Networks and studios generally don't hire beginning writers to write a screenplay until they have demonstrated that they have the ability to write one.



Question: I am a screenwriter and I adapted a script from a novel. However I have a free option on the book, I do not own the rights. I had a producer interested in my script, but he didn't have the money and wanted to pitch the script to other companies. He absolutely wanted to have all information concerning the book and the author. However, I did not want to give him any information until he signed a contract with me. Everyone around told me that if this person didn't want to sign the contract saying that he would hire me as the screenwriter of the film, he was probably going to cheat me because with all the information he could go directly to the author, buy the rights, and give the job to another screenwriter saying that I had no right to work on this book. Do you see what I mean? Since he didn't want to sign a contract with me, I didn't want to give him the information he wanted, and the deal was over. Do you think I did well and what should I do if such a situation occurs again? Your opinion would be of big help.



Answer: If you have a free option on the book, it means you should have the exclusive option to adapt it into a film. If that is the case, and the contract is legally binding during the term of the option, you have nothing to worry about. No one can go around you. That is the whole point of the option—to take the property off the market so that you have the exclusive right to buy it.



Question: I have recently requested to have my script be read by a production company and although it's probably reaching for the stars, I'd like to know what bargaining room (if any) there is for a screenwriter when a production company wants to option a script. What things should I ask for, what things should I hold firm on, and what things should I ask for. And also, should I hire an entertainment attorney to negotiate this for me (I am unrepresented right now). Is there such thing as a basic price (or a decent price) for an option? I have no idea of what would be considered a "decent" proposal to option.



Answer: Your ability to bargain and improve the deal is a function of how desirable the project is and your stature in the industry. Assuming you are a novice writer with no screenwriting credits, and even if you are not a member of the Writer's Guild of America, you should expect to receive at least Writer's Guild scale for your script, be added to the E&O insurance policy, and be included in the screen and advertising credits. If you have a track record, then you would normally receive a bit more than your last deal.



If the script is very desirable (which might occur if an important director or star wants to do it), you may be able to negotiate for much more. I think it is usually a good idea for the purchase price for a script to be tied to the production budget. The writer might ask, for example, for a price equivalent to 3% of the production budget. That way if the movie becomes a major studio picture for many million of dollars, you would receive compensation commensurate with the budget. The parties may agree to floor and ceiling amounts on this fee. Options are typically 10% of the purchase price, but this is negotiable.



If you are not experienced in negotiating these deals it would be wise to have either an agent or attorney represent you. They will likely probably be able to improve the deal enough to offset their cost.



Also, you should try to retain as much rights as possible (e.g. dramatic rights to turn the script into a stage play, radio, live television, book publishing), and if you grant the producer sequel, remake and television spin-off rights, you should receive passive royalties if those rights are later exploited. Finally, try to include in the deal that the producer will hire you do the first re-write, if a re-write is commissioned, and pay you at least WGA scale for those services. And ask for a reversion clause, so if a picture is not made within 5 years, all rights to the script would revert to you.



Question: I have heard that the Son of Sam law in California has been dropped or modified. What does that mean for writers?



Answer: Son of Sam laws were an attempt to prevent criminals from profiting from books and movies about their criminal activities. In the late 1970's,serial killer David Berkowitz, known as the Son of Sam, terrorized New York. His activities were the subject of a great deal of media attention. In an attempt to stop him from profiting from his crimes, while victims went uncompensated, the New York legislature passed what became known as a "Son of Sam law." Ironically, this law was never actually enforced against Berkowitz because he was found incompetent to stand trial, and the statute only applied to convicted criminals. Moreover, Berkowitz voluntarily paid his share of book royalties to victims or their estates. Nevertheless, other statute legislatures thought such a law had merit, and they enacted their own versions of it. The California law was enacted in 1983, and subsequently amended. One part of the California law imposes an involuntary trust on the convicted felon's proceeds from expressive materials (books, articles, television appearances, etc.) that are based on the story of a felony. These monies are held in trust for the benefit of the victims of the crime. In 1991 the United States Supreme Court (Simon & Schuster v. Members of N.Y. State Crime Victims Bd., 502 U.S. 105, 1991), held that a similar New York statute was unconstitutional because it violated the First Amendment. The California law was arguably less intrusive than the New York law because it was applied only to convicted felons, and exempted materials that made only a passing mention of the felony. In the recent case of Keenan v. Superior Court of California, 27 Cal. 4th 413 (2002), however, the California Supreme Court held that the California statute violates constitutional protections of free speech. What this means to writers, is that if you are planning to contract with a criminal for his cooperation in developing a book or script, you need not be concerned with a Son of Sam law discouraging the criminal from cooperating with you. However, each state has its own version of the law, and there may be a version that is constitutional, and enforceable. Moreover, those laws that have been struck down could be amended to meet the constitutional objections raised by the courts.

Question: A friend and I were working on a script. Together we came up with the initial idea and the major plot points as well as some details along the way. My partner wrote most of the dialogue and the physical screenplay on his computer, fleshing the story out on paper. My question is...would my contributions warrant a writing credit or a story credit? My "partner" doesn't seem to think so since he spent "hours" behind his computer typing it all out. It's a shame that we are bickering like this and this is probably a sign of the debacle to come. Do you have any thoughts on this?

Answer: This question raises a variety of issues concerning copyright ownership, writing credit, the nature of authorship, and the importance of parties clearly agreeing on the nature of their collaboration at the outset of their working relationship.



The two friends could be joint authors of the work, if that was their intent, and share copyright ownership. Or the parties could have agreed that one party was employing the other, and that the employer is the sole copyright owner of the work. Alternatively, one person could be contributing all the creative work that is copyrightable, while the other is merely providing clerical services, such as typing. In this case, the typist would not be considered a copyright owner regardless of how many hours were spent typing. Since it is unclear to me exactly what each party has contributed, and what agreement the parties made, if any, I cannot predict how a court would determine who is the owner of this work. The copyright owner(s) of the work would determine how it is exploited. In the absence of an agreement, certain legal presumptions might apply. If both parties made creative contributions to the work so that it is deemed the expression of both authors, then they might be presumed to be joint copyright owners in the absence of an agreement that provides otherwise.

Credit is entirely another matter. It is allocated according to the parties' agreement. If the writer is a member of the Writer's Guild, and the employer a signatory to the guild, then the credit allocation rules of the Guild would apply. If a party is not given credit they are due, it might be considered an instance of unfair competition if it mislead the public about the origin of the work. In some countries the denial of credit might be considered a violation of the author's moral rights. The United States recognizes moral rights in regard to fine art, but not in the realm of movies.

The bottom line is that it is very important for the parties to have a clear agreement as to the nature of their collaboration before they begin work. This agreement should be in writing to avoid any future misunderstanding. The Writer's Guild has a model collaboration agreement that is available to Writers. There is also one in my book, Contracts for the Film and Television Industry, 2nd Edition (Silman James Press). Otherwise you can end up in a messy situation where it is unclear what the respective rights of the parties are.

Question: If a writer writes a script on spec intended to be a sequel for a movie or movies already released, what are the legal ramifications? For example, if a writer writes a spec sequel for the Aliens or Scream series, can this script be submitted? What qualifies as Fan Fiction and are there any legal issues with it?



Answer: One cannot create a derivative work without the permission of the copyright owner of the original work. A writer who creates a sequel to another writer's work is creating a derivative work. Such a sequel script is likely to be unusable unless permission of the owner of the original work is obtained. An exception is if the original work has fallen into the public domain, which means it is no longer copyrighted. At that point in time, anyone can create a derivative work. So, for example, all of the Sherlock Holmes tales written by Arthur Conan Doyle are now in the public domain. But most works created in the past 75 years are still protected under copyright law.



It is usually a bad idea for a writer to create a derivative work without permission of the owner of the work it is based upon. Sometimes a writer creates such a sequel in order to demonstrate his/her skill and to offer the script as a writing sample. However, the most impressive example of a writer's skill is a completely original work, not one based on another's creation. If you create a derivative work, you run the risk of wasting your time because without the permission of the owner of the original, the script is unusable. It doesn't matter that you are a fan of the original. Submitting such a script may also damage your reputation because it suggests that you are oblivious to the basic rules of copyright ownership.



For the reasons mentioned, Fan Fiction is usually an instance of copyright infringement. For additional information on Fan Fiction go to: http://www.chillingeffects.org/fanfic/



Question: When a scriptwriter wants to adapt a book that has been out of print for at least twenty years, is there a "standard" offering the scriptwriter should make to the author for the rights? Would it involve a one-time payment, or is it based on a percentage of future sales?



Answer: The fact that the book is out of print is not, by itself, a factor in determining whether you need to acquire rights to adapt it into a motion picture. What is relevant is whether the book is still protected under copyright law, or has gone into the public domain. The term of copyright has been changed several times, so one needs to determine when the work was created and published to calculate how long the copyright lasts.



Once the work goes into the public domain, anyone can use it, and no payment need be made. If the work is still under copyright, then you need to negotiate for the movie adaptation rights to the book. The amount to pay for these rights varies depending how desirable the work is. If the book is out of print, that probably indicates that this is not a hot book property at this time. The most sought-after books are usually new books that are about to be published, or books that have become bestsellers. Books that have been around for many years, with the movie still available, can probably be obtained for a modest sum.



Often an option to purchase the rights is taken. The option is frequently ten percent of the purchase price, but this is negotiable. The purchase price can vary from a modest sum to millions of dollars for a best selling book. The purchase price is often an agreed upon amount (e.g., $100,000), but might be determined by the budget for the film (e.g., 2.5% of the budget). Sometimes, authors also receive a small portion of the profits from the film.



Question: I have no agent and I just signed a "free option" with a well-known producer. My script will be tied up for the next 9 months. Did I act too hastily? I know the producer has a solid reputation, but I'm having second thoughts. Am I being paranoid? Should I have waited to get an agent/lawyer who could have worked out a better deal? The purchase price is a low six figures, but getting to that point is far down the road. Was I stupid to jump at the first offer? Thanks.



Answer: I don't know about the wisdom of the deal since I don't know the terms of your deal. Free options are not that unusual. I prefer to have my writer clients paid something, even if it is just a few thousand dollars because I think a payment of money evidences a certain amount of seriousness on the part of the producer. At any rate, since you signed the contract, it is too late at this point to renegotiate it. If the option expires without being exercised, you can proceed with your next option in a more cautious manner.Any source