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| Q & A: Is My Writing Partner Getting Bad Advice? |
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 Question: About three months ago I completed a collaborative screenplay and since have had a production company interested in it. I just wanna be paid; my partner wants to direct the film. The company agreed to have my partner direct and began raising a budget, yet I have not been paid nor has there been any mention of a contract. Instead they keep saying once they have 65% of the budget, we can talk about the specifics. At one time they quoted a 10 to 15-million-dollar budget (which they supposedly have already collected). Now it's 30 million. What should I do in this situation? George Jonathan Handel, Entertainment Attorney: He should seek the advice of an experienced entertainment attorney. This situation is not normal, and he's right to be suspicious when the budget is a moving target. What would be normal is an option payment, which would be very small (possibly zero) if he and his partner are first-time (i.e., unproduced) screenwriters. However, a bigger payday should not be expected unless the company does in fact raise the money for the film. If he can't afford an attorney, then he should consider writing a letter to the production company, with a CC to his writing partner, and send it certified mail, reminding them that the screenplay was a collaboration and he expects to be paid a fair and reasonable sum (to be negotiated) if they shoot the movie, and stating that he reserves his right to sue for damages and an injunction if he isn't. Unfortunately, if he can't afford an attorney, it's hard to put much muscle behind the letter. I'm assuming that he and his writing partner don't have a collaboration agreement. This is a good example of why they're needed, since an agreement would have spelled out the decision-making process for dealing with offers. Aaron Ginsburg, Writer: Yikes. Well, he shouldn't hold his breath for the payday. Sadly. If he had a contract in place beforehand, he would have a better shot. Wade and I wrote a screenplay based on an idea by a director. The goal was we would write it, he would direct it. After we completed it, the director started pitching it around. After some time, it became clear that he was not a draw for any producers (even though he had directed features before), and we agreed on a new deal: We would try to sell the property and he would get a percentage of the sale (but would NOT be attached to direct). The only way this guy can get paid is if he has a contract or a great relationship with his partner (and by proxy, the production company). Most small companies will expect every artist to take deferred payment until their financing has been locked down. This one sounds like either he'll have a 30-million-dollar movie made, in which case he'll certainly get paid ... or they will never make their goals and he will never see a dime. ================= Jonathan Handel is an entertainment attorney and he blogs at http://www.jhandel.com. Aaron Ginsburg is 50% of a writing team and he blogs at http://www.everyotherletter.blogspot.com. Photo: Get Shorty, MGM Home Entertainment
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  written by George, April 02, 2009
I just want to thank you Aaron, Jonathan and Maureen. You have all been very helpful with my situation. Thankfully the issue resolved itself when the "Producer" bailed out of the project upon pressure of contract. Again thank you all. I am truly gracious.
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