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Dealing with writers/directors...

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(@beemerchef)
Posts: 12
Active Member
Topic starter
 

Glad to have found this Forum and will do my profile soon... slow connection on the road right now.
I think this is a question that might interest a few... that might fall in the same situation.
My dog Spirit and I have been living on the road for the past almost two years writing a Blog. Nothing unusual, there are many of us out there. But our Blog has caught the attention of two young Movie makers, two Movie makers that in their young age have already won a couple nice Awards. They asked me months ago if I would be interested in having a Movie made. This was our third offer within this time. I turned down the first two offers as the previous Movie makers only wanted our "image" and not really the story as I will not sell myself out but only our true story. These later ones want to do our story.
Mistake or not, I feel it was, I gave the go ahead without any kind of letter agreement. The synopsis is written and the initial rough draft of the script is being written now. A couple Agencies have read the synopsis and are excited about it. Well now, as much as I trust those two Movie writers/directors I feel the need of a letter of agreement which I have asked to have established a few times now. The reply is always:
1) My own Blog is Copyrighted
2) The synopsis has in black and white myself as the writer
3) They cannot take any further steps besides writing the script without my consent
4) Once the script is written "before" it goes out to be shown to Agencies there "will be" then a contract. (which by then I imagine I will have to retain an "entertainment Attorney"?)
5) No Studio will touch this script without my own consent as "real Life" stories as I understand can be subject to heavy liabilities if not done according to the writer him/herself.
6) The bottom line: not now, no need, lets wait, have no fear...

Why do I want a letter of agreement now? Why am I feeling uncomfortable now? Maybe because daily while the synopsis was being written many e mails have been flying back and forth (I have filed all those e mails) and now things are moving slower as of course they have to also take on paying jobs while writing the script. I just feel that the letter of agreement, regardless of mutual feelings of trust, would be like a security blanket even if they cannot go any further without my consent.

As they said, the only scenario that could happen is someone "stealing" the image idea, but not the story itself which then would make it a totally different movie. I know those two writers/directors would not ruin their own professional life doing so... I guess it is just the right thing to do...

Any opinions?

Thanks and be well...

Ara & Spirit

"If you were Homeless you would be Home now"... we are always Home.

"If you were Homeless you would be Home now"... we are always Home.

 
Posted : 17/08/2008 5:19 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

Always, always, ALWAYS get every agreement in writing.

I'm not sure if I said it should always be done, but any time
you are dealing with intellectual property you should ALWAYS
get every aspect of the agreement in writing.

One of my longest standing friends - my closest friend who I
know and love and trust wanted to write a movie based on our
friendship, our lives and the many conversations we have had
over a series of dinners for 12 years. Kinda like "My Dinner With
Andre" but opened up to include the lives of the characters.

His plan was to write the script, act as himself, produce it and
have me direct. Before he put one word down on paper we drew
up an agreement. And this (I remind you) was between two people
who had been friends for years, had worked together for years
and had absolute trust and respect for each other.

We still had a written agreement.

My opinion is it's crazy to not have a detailed written agreement
with these guys.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 17/08/2008 10:36 pm
(@own3dstudios)
Posts: 217
Reputable Member
 

certified is right i mean, i know it sounds pessimistic but it is hard to trust alot of people. get it as soon as you can.

"They say a picture is worth a thousand words. But a film? Well, thats worth a thousand pictures."
-(Own3d Studios)-
www.own3dstudios.com
www.myspace.com/own3dstudio
www.youtube.com/own3dstudios

"They say a picture is worth a thousand words. But a film? Well, thats worth a thousand pictures."-(Own3d Studios)-
www.own3dstudios.com

 
Posted : 18/08/2008 1:30 am
(@own3dstudios)
Posts: 217
Reputable Member
 

by the way certified, did that film ever go through? sounds interestting 😕

"They say a picture is worth a thousand words. But a film? Well, thats worth a thousand pictures."
-(Own3d Studios)-
www.own3dstudios.com
www.myspace.com/own3dstudio
www.youtube.com/own3dstudios

"They say a picture is worth a thousand words. But a film? Well, thats worth a thousand pictures."-(Own3d Studios)-
www.own3dstudios.com

 
Posted : 18/08/2008 1:33 am
(@certified-instigator)
Posts: 2951
Famed Member
 

It's a sad story.

My friend Ryan finished the script, got most of the money and even cast it with semi-name
actors. We finished principle photography (on 35mm shot by the amazing Jennifer Lane) edited
off and on for a little over a year. While we were were prepping for a week of pickups Ryan got
tongue cancer. He died before we could finish.

Good paperwork and detailed contracts aren't about trust. That was my point. Ryan and I completely
trusted each other. We had known and worked with each other for many years. But contracts were
still essential. It was (and is) very important for every person involved in a project to have, in writing,
a full, detailed agreement so there is no misunderstanding.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 18/08/2008 1:23 pm
(@beemerchef)
Posts: 12
Active Member
Topic starter
 

I knew this would be your answer and of course I agree. This is way out of my own element as I have been a Chef for 40 years and happen to be writing just about our Life these past two years.
Now, these two writer.directors have two nice awards. They think this Movie will really lauch their carriere and as you said, this is not a matter of trust... it is just a matter as I always thought, the right thing to do.
It has honestly "shocked" me that they have been so adamant about "not wanting" this letter of agreement explaining me over and over the reasons stated in my first thread above... That no one can do my story without my consent...
OK... will send them an e mail requesting such letter of agreement and tell you the truth I will feel better...
I really appreciate your help here... I am sure as this project takes off there will be more!
They have been by the way been signed up by the William Morris Agency (UK & USA) who has read the synopsis and is very excited about it all... Still... contract!!!
Be well... always.
Ara & Spirit

"If you were Homeless you would be Home now"... we are always Home.

"If you were Homeless you would be Home now"... we are always Home.

 
Posted : 18/08/2008 2:00 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

quote:


t has honestly "shocked" me that they have been so adamant about "not wanting" this letter of agreement explaining me over and over the reasons stated in my first thread above...


This is really disturbing.

I know they signed a very detailed agreement with WMA and had no problems doing so.
I wonder why they are adamant about not doing the same with you? Frankly, if you
decided to sell your story to another writer, they would be in BIG trouble. Suddenly this
project their agents are excited about would be, legally, in the hands of someone else.

I understand you're excited and can see more projects in the future, but don't let that
get in the way of keeping such an important matter on a legal, written agreement basis.

I know too many people who have been "shocked" when things didn't work out the way
they expected because thier wishes (or demands) weren't in writing.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 18/08/2008 2:17 pm
(@beemerchef)
Posts: 12
Active Member
Topic starter
 

The only project would be to have this movie done, with them.
At 60 now, I have learned, if nothing else, to follow my vibes, and as much as they are reputable (I think!) and sound honest (from their e mail) it just sounds "fishy" as even one time cornered as "we really need this contract", one of them said that he had no clue as to how that is handled... They have made a few movies... they "have to know"! As if as a Chef you came to my Restaurant and I did not have a Menu...
An e mail has been send, I am waiting for a reply. I am not giving them any choice but have a letter of agreemen between the three of us.
Again, I am very appreciative to have found this Forum and the help you are providing me with...
Stay posted!
Be well...
Ara & Spirit

"If you were Homeless you would be Home now"... we are always Home.

"If you were Homeless you would be Home now"... we are always Home.

 
Posted : 18/08/2008 6:05 pm
(@beemerchef)
Posts: 12
Active Member
Topic starter
 

Well, your help has been rewarded with the fact that they have agreed to a "letter of agreement" ? "contract" while they are writing the script from my own writing.
One was a little bend out of shape... the other very courteous and here are some of his words:

"If you know the industry like we do, there would be no concern. However, I do know how the industry is perceived from the outside, so am not passing any judgement."

Not being in the business, I have the feeling that I will however, I felt a bit bad, but, this is the "right thing to do"...

Will await now for the contract their Agency writes.

Will follow this through this threads. Again much appreciation.
Be well... Ara & Spirit

"If you were Homeless you would be Home now"... we are always Home.

"If you were Homeless you would be Home now"... we are always Home.

 
Posted : 19/08/2008 11:36 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

quote:


"If you know the industry like we do, there would be no concern. However, I do know how the industry is perceived from the outside, so am not passing any judgement."


I don't know these guys and I don't know you. But I know people and I know this
business. That is one of the most absurd, naive, foolish statement I've ever heard.

I know the industry - I'm not looking at it from the perspective of an outsider. No
one works without a contract. EVER. As I said earlier, I bet they have a contract
with WMA.

May I ask you why you felt bad? They are treating you horribly and to suggest that
they know the industry and the industry works without contracts is treating you
like a fool. You did the right thing. The fact that they resisted is very, very
troubling.

I wish you the best. But based only on what you writer here I have a very bad feeling
about this.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 20/08/2008 1:47 am
(@markg)
Posts: 1214
Noble Member
 

If they're above board they have no reason not to sign a contract with you; they'll have to at some stage, and their script is just low-grade toilet paper without permission to use your story.

If anything, they should be eager to sign something with you so that they know they'll be able to sell the script.

 
Posted : 22/08/2008 2:30 am
(@beemerchef)
Posts: 12
Active Member
Topic starter
 

Again, I totally agree with you.
It is originally the fact that they resisted so much that raised the red flag.
Why do I felt bad afterwards...? I have never been a business man, been a Chef for 40 years and I stil "want to believe" in a hand shake! I know... foolish when it comes to this kind of matter.
Of course they have a contract with WMA UK and USA...

"We will speak to our agent(s) asap and see what the best way forward is. It's the first time we've actually done agreements/contracts like this, so it's going to be a learning experience for all of us."

They have never written a script themselves, could that be why they are not kwowledgable?

"In relation to agreements, I am very happy for us to all have an agreement. We never denied you this as suggested, as we never knew you so adamantly wanted it. So, as John mentioned below, we'll contact our agent and simply let them deal with it. You can either wait for them to propose what I assume will be fairly standard documentation, or take some legal advice yourself in the meantime."

This above was after asking through 3 e mails and a conversation on the phone with them as they are in london, England... "we never denied you" was so wrong...!!! I mean, I have not lost it yet!

I don't know tell you the truth. Originally they said the rough script will be written in a month (which I thought is very fast) and now after I found out they are working on 3 other projects (same author as the first movie) I am told that this will take some time. Which is fine, I just hate to find things out... it would have been much easier just to tell me.

I yet have to hear about the contract. I am now myself having some doubts if "I" want to be locked in with them... as talented as they are. My story is of a compelling one it turns out. A young and hungry and artistic filmaker might be a better choice? I don't know...

Be well... Ara & Spirit

"If you were Homeless you would be Home now"... we are always Home.

"If you were Homeless you would be Home now"... we are always Home.

 
Posted : 22/08/2008 4:37 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

Let me ask you someing. As a Chet for 40 years did you ever enter into a
handshake deal with a person (or people) you had never met? Who knew
nothing at all about the details of your business? I mean is it common
to do business with people in that industry in that way? Even people you
don't know and have never met face to face?

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 22/08/2008 7:24 pm
(@own3dstudios)
Posts: 217
Reputable Member
 

hey sorry just cought up on this.

First of all i want to extend my deep sympathy to Certified for his loss. that is really a touching story and i hape that maybe someday, you can go back to that project in memory of Ryan.

Second, if they keep throwing that crap at you, i would suggest goiong with a young ambitious filmmaker. they, (i can speek as one because i am one) would, i think, be more presise and understanding, and easier to work with. i dont think they would try to throw this stuff at you either. that being said, if these guys striaghten out and commit, they should be fine, i would just be sure to ask more questions, and make sure your script is not delayed to long. again, if they dont commit, find someone else.

Glad to help,

"They say a picture is worth a thousand words. But a film? Well, thats worth a thousand pictures."
-(Own3d Studios)-
www.own3dstudios.com
www.myspace.com/own3dstudio
www.youtube.com/own3dstudios

"They say a picture is worth a thousand words. But a film? Well, thats worth a thousand pictures."-(Own3d Studios)-
www.own3dstudios.com

 
Posted : 22/08/2008 7:29 pm
(@beemerchef)
Posts: 12
Active Member
Topic starter
 

Well, you are right on the Chef aspect. Never anything without a contract, specially when it came to my own Recipes develloped over the years.
You see, this Blog of mine is a hobby... and I have to realize that for those Filmakers it is not.
"Crap"... it has been since my e mail and their "hesitant" and filled with excuses answers. I have not since heard from them either. This has happened before as always telling me that I do not receive their e mails!!! which is too funny as I have about 50,000 readers and receive everyone's without fail...
OK... so all this really does not smell good at all. I wonder why they have even written the synopsis and gone through all that trouble... Maybe winning two awards does not mean a thing... I don't know, it is a different world maybe I do not understand...
It is almost as a "tumor" now in my Life that is just growing very unpleasantly.
I will wait another week and will cancel all of it! No need... as you wrote there are hungry Filmakers out there, I am sure, and ethical. I will also e mail the William Morris Agency USA and UK and their own Agency in UK to let them know about the matter... not that they decided suddenly one day behind my back to do the Movie!
You are more help than you can imagine. Truly. I thank you all...
Be well... will keep you abreast.
Ara & Spirit

"If you were Homeless you would be Home now"... we are always Home.

"If you were Homeless you would be Home now"... we are always Home.

 
Posted : 26/08/2008 1:34 am
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