BIZ TIP TUESDAY:

YOUR FIRST CONTRACT

The good news: A producer loves your script and wants to buy it!
The bad news: He doesn't want to pay you much (or anything) up front, but assures you that this can be your big break into the business! Your name up there on the big screen!

You need a lawyer. Anyone who represents himself has a fool for a client. There is no such thing as a standard contract - everything is negotiable. The contract a producer offers you is stacked in the producer's favor... it was drawn up by HIS lawyer. You need your own lawyer to balance it out. But lawyers can be expensive - how can you tell if this deal is worth the expense?

Here is some quick, lay-advice on contracts. I am not a lawyer, but I've sold enough scripts to know what a bad deal looks like, so here are some things to watch out for...

SIGNATORY OR NOT?

The big game changer on your first contract will be the answer to the question: WGA Signatory Company... or not? Many writers believe that no matter what the budget of the film they will get WGA minimums, but you will only be paid WGA minimums if the company is WGA signatory - and *many* companies are not... including most of the low budget and indie companies you may come into contact with at the beginning of your career. If the company that wants to buy your screenplay *is* WGA Signatory, then your deal will follow the MBA (basic WGA contract) and you should try for any "bumps" (explained later in the tip) or bonuses that your lawyer can squeeze into the contract. Even a basic WGA contract is negotiable (upwards) - which is why Akiva gets paid much more than I do. Always try to get the best deal that you can - which is one of the reasons why you need a lawyer (or an agent) negotiating your deal. Actor Peter Coyote says if they haven't said "No" you haven't asked for enough money.

But most of this tip is aimed at the non-signatory companies you might sell your first script to - and their minimum payment for a screenplay is $1. They can pay whatever they want, and will try to pay as little as possible... because the screenplay is one of the very first expenses - and may be out of their pocket before they have the film funded. If that is the case, you'll want an option deal on your script for enough money that it means something to the producer - there is a tip in rotation about options with some details on that process. But you will still want a reasonable deal for the sale of the screenplay, which is the subject of *this* tip.

Because there are no minimums for non-sig companies, you need to get *everything* spelled out in your contract. I do not know the ratio of non-sig companies to signatories - but there are a lot of them out there, and just because a company seems big and established does not automatically make it signatory. A WGA member can not sell to a non-sig company (unless they create a signatory LLC on the side), but a non-WGA writer *can* sell to a non-sig, which may give you an advantage. Non-sigs are non-sigs for a reason, and are not going to go signatory just because they love your screenplay. Though I think it's just wrong that a company that will hire SAG actors and maybe even a DGA director will not want to pay WGA rates, that happens often in the indie and low budget world. But just because a company is not signatory is no reason for the writer to get ripped off. Even if it is your very first script sale, they can't make a movie without a screenplay - you are an important part of the equation.

DEFERRED SALARIES

Are worthless. If a producer offers you no (or little) money up front against a percentage of the finished film's sales, run away! There are garages full of completed films that have no distributor and will never earn a cent. My friend runs a large film crewing agency - he crews about 3,000-4,000 films a year. Less than 500 of those get ANY form of release. The rest don't get theatrical or video or cable or shown in drive-ins or on airplanes or in prisons or even video release in foreign countries. Nobody ever sees them and they never make a cent. They LOSE money! If the film is made and NEVER RELEASED not only do you make nothing off a deferred salary deal, your script is dead forever (unless you have a clause returning it to you). You have just sold your script for a percentage of profits that don't exist! You sold your script for nothing. My friend with the crewing agency tells his people not to work for deferred salaries, and that's my advice, too.

On any film where you are not paid up front, you are a PRODUCER - you are investing your screenplay into the project. If they have the cajones to offer you a deferred salary, are they also offering you a producer credit and gross participation in the profits?

They are going to spend actual money to rent equipment, buy raw stock, pay lab fees, hire actors. The crew will be getting paid (my friend at the crewing agency will see to that) so why should the writer be the only guy not paid? If they can afford to pay for equipment, they can afford to pay for the script. If they CAN'T afford to pay for the script, the film is probably so low budget that it has no chance of being released (so that deferred pay means nothing). Movie distributors want stars (some level), and professional production values. The film is sitting on the shelf at Blockbuster next to some big Hollywood blockbuster - the consumer needs some reason to rent THIS film over the one that stars Bruce Willis and his asteroid. (#2 has to try harder). If this film is offering NOTHING, it will not be picked up... and end up in someone's garage forever.

These days, everyone with access to a video camera wants to make a "no budget" movie, and all they need is a script. So they want your script on a deferred deal... Hey, even the crew is getting deferred salaries on these films. Problem is, movies made for nothing are even bigger gambles. I know a guy who has made seven "no budget" films, and not a single one has any form of distribution! No DVD, no nothing! My advice on a "no budget" film is - if this guy can find no money and an all volunteer crew to make a movie, so can you. Do the film yourself, and if it makes any money or gets distribution, it's *your* movie. Yes, some of you will not want to go to the trouble of making the movie yourself, but give it some consideration - you jump from unproducer writer to *writer-producer* and probably make a bunch of connections along the way.

Exception to no pay: If you're doing it for love. If this project's value to you is NOT as a commercial venture. Know that when you enter into any deal, the money in your contract is all you will ever get. Those "monkey points" are worthless. The back end deal just means the writer takes it in the back end. Any money contingent on something else happening is no money at all. If you want to DONATE your script to a film - that's your call. You can screen the film in your garage, and be happy.

WHAT YOU SHOULD MAKE

On a low budget (including non-WGA) movie a screenwriter should make about 2%-3% of the film's budget (you may make more or less, but that's the ballpark). When most indie films increase budget, most of that increase is going to a star, not the whole film - and producers aren't about to cut into the star's money to raise your pay. But try to stay in that 2%-3% range *excluding* the star's salary. If the producer has no idea what the budget will be, work out a deal for a reasonable base rate or 2.5% of the budget, whichever is greater.

Greg Goodell's Independent film budgeting book says to budget 5% for script purchase and development overhead (I think it's on page 72). That percentage is echoed in every budgeting book I've ever seen. If your producer thinks 3% is too much to pay, have him look it up (he'll probably be using that budgeting book anyway, since it focuses on low budget films). Paying a writer 3% of the budget is completely reasonable.

You should have your lawyer try for additional "bumps" based on the film's performance in ancillary markets. These "bumps" will be bonuses if the film sells a large number of DVDs or has a successful foreign theatrical release or shows on additional cable networks. Instead of a % of *each* DVD, which will be difficult because the producer wants to sell their movie to a distrib without all kinds of book keeping costs passed on to the distrib... but a bonus if the film ships an amazing number of units on DVD is easy. Find out how many units a successful similar film sold (Video Business mag online or one of the others might have this info) and then build in a bonus payment when sells, I don't know, 50k more copies than the example film. Basically what you are doing is not getting any extra money if the film sells a normal number of DVDs, but sharing if the film is a big hit on DVD. My contracts have "bumps" for HBO, Showtime, USA Network sales and for over a certain number of videos & DVDs sold. These "bumps" cost the producer nothing - but if the film is successful, I participate in all of that cash pouring in... as I should. I made up the story.

You should also get "net points" - also known as "monkey points" - a percentage of any net profit. You should get somewhere between 2% and 5% depending on how important your script is to the over-all deal. "Monkey points" are usually worthless - creative book keeping makes sure that even the biggest hit film never makes any actual profit. Remember that the first HARRY POTTER movie grossed hundreds of millions of dollars... but seems to be still in the red according to a recent article on studio accounting - No "monkey points"!

One issue with non-sig companies and points is that means they have to really do book keeping and have open books - and they hate that. It's paperwork. I'd try for it, but no movie ever makes a profit, so don't make this your big fight.

A TON OF MONEY!

Once that contract is signed you get a massive check, right?

Wrong.

The average low budget (non-sig) contract is similar to the average WGA Signatory contract in that you will not get all of your money at once... and you may not even get all of the money in your contract. The screenwriting payment is broken up into pieces. Usually there is a fee paid on the signing of the contract - and make sure this fee is a reasonable amount. If this is in the form of an option, make sure that the option is enough to make your script a priority to the producer... and enough to cover at least some of the time it took you to write that script. The actual script fee is often paid on first day of principle photography, but you want to get some money just from signing the contract, in case the film never gets made. Plan on the film not getting made when you make your deal - because only one in ten purchased scripts makes it to principle photography.

You will also get a fee for each rewrite - there will usually be two rewrites and a polish in the contract. You want to make sure that these portions of the fee pay for the time it will take you to do a major rewrite on the screenplay. You also want to make sure that these rewrite fees are *not* subtracted from your total payment if they choose not to have you do the rewrites. If 25% of your total fee is for rewrites, you don't want to end up with only 75% of your agreed upon fee because they didn't have you do the rewrites... or had their girlfriend do them for free. Always try to create an incentive to keep you on as the writer!

You will probably get the larger part of your total script fee as a "production bonus" when the film actually goes into production - you want to make sure that you get the production bonus even if other writers are involved. On a signatory film the writers split the production bonus - but it is also a great deal more money than we are talking about on a low budget film. If the producer does want to split the production bonus, you need to make sure that without it you are paid a reasonable rate - at *very least* two times what it cost you in time to write the script (unless you are a really slow and lazy writer) - and no less than what you would be paid weekly during the pre-production, production, and post production of the film - you don't want some PA (go-fer) getting paid more than you on the film! The secret key to screenwriting is "one for you and one for me" - make at least enough money to pay for the time it took you to write the script you sell, plus write another script to sell. You want to be getting ahead, not just "breaking even".

Most contracts will have a "buy-back" clause in the event the film never goes into production. Make sure your lawyer puts a buy-back clause in your contract! You don't want to have any scripts in limbo - you don't own them, but the producer has no plans to make them. Because many scripts never make it to screen, without some sort of buy-back, you may end up with dead scripts all over town. I have a couple of scripts I sold when I first started out that had no buy-back clause, and I do not own the rights to them. A few years ago I had a meeting with one of the producers to get the script back, and the SOB told me I could buy it back for what I get paid *now* plus 25%... not what I was paid for it a couple of decades ago. He would make almost 100 times what he paid me if I did that... and I can not sell the script to anyone else unless I buy it back. Once you get into the WGA this isn't a huge problem with WGA signatory scripts, because the MBA has a built in buy-back clause: after the project has been dead for 5 years you can buy it back for what they paid you. That may still be an issue if you made a lot of money from that script sale - you may need to weight the benefits of having that script to sell again. Because some scripts actually take 10 years to get to the screen, companies tend not to be interested in some sort of reduced rate buy-back clause in the contract... but have your lawyer give it a try anyway.

On a non-WGA project I would try to get the credit locked in - and "single card" (means you get the whole screen for a moment). On a WGA contract, credits are decided by the WGA (so whatever it says in the contract doesn't matter).

CAN I TRUST THESE GUYS?

Last: There are two types of low budget, and two types of criminal activities. Organized and small time wackos. Organized crime are guys like Eric Roberts in THE DARK KNIGHT, they make money, they wear suits, they are businessmen. They have offices. You can depend on them. They've been doing this for years. They play by the odds and don't take any chances. Small time wackos are guys like Heath Ledger's joker - they rob a liquor store because they need a heroin fix... or maybe just for fun. As Michael Caine says - "Some men just want to watch the world burn." They are undependable, have no idea if they will live out the day.

Everything is a long shot. You don't want to work with the wackos. There are plenty of organized low budget guys out there with offices, distribution deals in place, and plenty of past credits. The thing that separates a REAL producer from someone who just claims to be a producer is...

What have they produced?

That should be the very first question you ask after they tell you how much they loved your script - "Great! I'd like to get a feel for the kind of films your company produces, can you recommend one of your films for me to rent?"

Then really go out and rent the movie. It will give you a very good idea of what you're getting in to!

I'd find a lawyer who knows this stuff, because I'm just some dude who writes scripts.
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START STRONG!

*** HOOK 'EM IN TEN *** - For Kindle!

Your story doesn't get a second chance to make a great first impression, and this book shows you a bunch of techniques on how to do that. From the 12 Basic Ways To Begin Your Story, to the 3 Stars Of Your First Scene (at least one must be present) to World Building, Title Crawls, Backstory, Starting Late, Teasers and Pre Title Sequences, Establishing Theme & Motifs (using GODFATHER PART 2), Five Critical Elements, Setting Up The Rest Of The Story (with GODFATHER), and much more! With hundreds of examples ranging from Oscar winners to classic films like CASABLANCA to some of my produced films (because I know exactly why I wrote the scripts that way). Biggest Blue Book yet! Print version was 48 pages, Kindle version is over 100,000 words - 312 pages!

Only $4.99 - and no postage!

NO KINDLE REQUIRED! Get the *free* app (any device, except your Mr. Coffee) on the order page on Amazon!

MOVIES ARE CHARACTERS!

*** CREATING STRONG PROTAGONISTS *** - For Kindle!

*** CREATING STRONG PROTAGONISTS *** - For Nook!

Expanded version with more ways to create interesting protagonists! A step-by-step guide to creating "take charge" protagonists. Screenplays are about characters in conflict... characters in emotional turmoil... Strong three dimensional protagonists who can find solutions to their problems in 110 pages. But how do you create characters like this? How do you turn words into flesh and blood? Character issues, Knowing Who Is The Boss, Tapping into YOUR fears, The Naked Character, Pulp Friction, Man With A Plan, Character Arcs, Avoiding Cliche People, Deep Characterization, Problem Protagonists, 12 Ways To Create Likable Protagonists (even if they are criminals), Active vs. Reactive, The Third Dimension In Character, Relationships, Ensemble Scripts, and much, much more. Print version is 48 pages, Kindle version is once again around 205 pages!

ONLY $4.99 - and no postage!

I WRITE PICTURES!

*** VISUAL STORYTELLING *** - For Kindle! (exclusive)

Show Don't Tell - but *how* do you do that? Here are techniques to tell stories visually! Using Oscar Winning Films and Oscar Nominated Films as our primary examples: from the first Best Picture Winner "Sunrise" (1927) to the Oscar Nominated "The Artist" (which takes place in 1927) with stops along the way Pixar's "Up" and Best Original Screenplay Winner "Breaking Away" (a small indie style drama - told visually) as well as "Witness" and other Oscar Winners as examples... plus RISE OF THE PLANET OF THE APES. Print version is 48 pages, Kindle version is over 200 pages!

ONLY $4.99 - and no postage!

DESCRIPTION & VOICE Blue Book!

DESCRIPTION & VOICE Blue Book.

IS HALF OF YOUR STORY IN TROUBLE?

Most screenplays are about a 50/50 split between dialogue and description - which means your description is just as important as your dialogue. It just gets less press because the audience never sees it, the same reason why screenwriters get less press than movie stars. But your story will never get to the audience until readers and development executives read your script... so it is a very important factor. Until the movie is made the screenplay is the movie and must be just as exciting as the movie. So how do you make your screenplay exciting to read? Description is important in a novel as well, and the “audience” does read it... how do we write riveting description?

Only $4.99 and no postage!

PRO DIALOGUE TECHNIQUES!

*** DIALOGUE SECRETS *** - For Kindle!

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Expanded version with more ways to create interesting dialogue! How to remove bad dialogue (and what *is* bad dialogue), First Hand Dialogue, Awful Exposition, Realism, 50 Professional Dialogue Techniques you can use *today*, Subtext, Subtitles, Humor, Sizzling Banter, *Anti-Dialogue*, Speeches, and more. Tools you can use to make your dialogue sizzle! Special sections that use dialogue examples from movies as diverse as "Bringing Up Baby", "Psycho", "Double Indemnity", "Notorious", the Oscar nominated "You Can Count On Me", "His Girl Friday", and many more! Print version is 48 pages, Kindle version is over 175 pages!

Only $4.99 - and no postage!

WHAT IS A SCENE?

*** SCENE SECRETS *** - For Kindle!

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What is a scene and how many you will need? The difference between scenes and sluglines. Put your scenes on trial for their lives! Using "Jaws" we'll look at beats within a scene. Scene DNA. Creating set pieces and high concept scenes. A famous director talks about creating memorable scenes. 12 ways to create new scenes. Creating unexpected scenes. Use dramatic tension to supercharge your scenes. Plants and payoffs in scenes. Plus transitions and buttons and the all important "flow"... and more! Over 65,000 words! Print version was 48 pages, Kindle version is around 210 pages!

Only $4.99 - and no postage!

SUBPLOTS?

*** SUPPORTING CHARACTER SECRETS *** - For Kindle! (Exclusive)

Expanded version with more techniques to flesh out your Supporting Characters and make them individuals. Using the hit movie BRIDESMAIDS as well as other comedies like THE HANGOVER and TED and HIGH FIDELITY and 40 YEAR OLD VIRGIN and many other examples we look at ways to make your Supporting Characters come alive on the page. Print version was 48 pages, Kindle version is around 170 pages!

ONLY $4.99 - and no postage!

ACT TWO SOLUTIONS!

*** ACT TWO SECRETS *** - For Kindle!

Expanded version with more techniques to help you through the desert of Act Two! Subjects Include: What Is Act Two? Inside Moves, The 2 Ps: Purpose & Pacing, The 4Ds: Dilemma, Denial, Drama and Decision, Momentum, the Two Act Twos, Subplot Prisms, Deadlines, Drive, Levels Of Conflict, Escalation, When Act Two Begins and When Act Two Ends, Scene Order, Bite Sized Pieces, Common Act Two Issues, Plot Devices For Act Two, and dozens of others. Over 67,000 words (that’s well over 200 pages) of tools and techniques to get you through the desert of Act Two alive! Print version was 48 pages, Kindle version is well over 200 pages!

ONLY $4.99 - and no postage!

BRAND NEW!!

All About Rewrites!

Rewriting In Waves?

*** REWRITES Blue Book! - For Kindle!

The end is just the beginning! You’ve finished your story, but now the rewriting begins! This 405 page book shows you how to rewrite your screenplay or novel to perfection. Everything from Character Consistency to Shoeboxing to How To Give And Receive Notes to 15 Solutions If Your Script’s Too Long! and 15 Solutions If Your Script’s Too Short! to Finding The Cause Of A Story Problem to Good Notes Vs. Bad Notes to Finding Beta Readers to Avoiding Predictability to Learning To Be Objective About Your Work to Script Killer Notes and Notes From Idiots to Production Rewrites and What The Page Colors Mean? and a Complete Rewrite Checklist! The complete book on Rewriting Your Story!

ONLY $4.99 - and no postage!

All About Endings!

GRAND FINALES Blue Book!

The Perfect Ending For Your Story!

The First Ten Pages Of Your Screenplay Are Critical,
But What About The Last 10 Pages?

Creating the perfect ending to your story! This 100,000 word book shows you how to end your story with a bang, rather than a whimper. Everything from Resolution Order to Act Three Tools to Happy or Sad Endings? to How The Beginning Of Your Story Has Clues To The Ending (in case you were having trouble figuring out how the story should end) to Falling Action to How To Avoid Bad Endings to Writing The Perfect Twist Ending to Setting Up Sequels & Series to Emotional Resolutions to How To Write Post Credit Sequences to Avoiding Deus Ex Machinas, to 20 Different Types Of Ends (and how to write them) and much more! Everything about endings for your screenplay or novel!

Only: $4.99

NO KINDLE REQUIRED! Get the *free* app (any device, except your Mr. Coffee) on the order page on Amazon!

All About LOGLINES, TREATMENTS, and PITCHING!

LOGLINES, TREATMENTS, and PITCHING! Blue Book!

Distilling Your Screenplay!

Loglines, Treatments, Pitching, Look Books, Pitch Decks, One Pagers, Rip-O-Matics?

You have written a brilliant 110 page screenplay, but how do you get anyone to read it? You need to distill it down into some form of verbal moonshine or story rocket fuel that will ignite that bored development executive or manager or agent and get them to request your screenplay. But how do you shrink those 110 pages into a 25 word logline or a 2 minute elevator pitch or a one page synopsis or a short paragraph? This 100,000 word book shows you how! Everything you need to know! From common logline mistakes (and how to solve them) to how your pitch can reveal story problems to the 4 types of pitches!

272 Pages - ONLY $4.99!

READY TO BREAK IN?

THE BUISINESS SIDE

*** BREAKING IN BLUE BOOK *** - For Kindle!

Should really be called the BUSINESS BLUE BOOK because it covers almost everything you will need to know for your screenwriting career: from thinking like a producer and learning to speak their language, to query letters and finding a manager or agent, to making connections (at home and in Hollywood) and networking, to the different kinds of meetings you are will have at Studios, to the difference between a producer and a studio, to landing an assignment at that meeting and what is required of you when you are working under contract, to contracts and options and lawyers and... when to run from a deal! Information you can use *now* to move your career forward! It's all here in the Biggest Blue Book yet!

Print version was 48 pages, Kindle version is over 400 pages!

$4.99 - and no postage!

MOVIE MAGIC SOFTWARE

Movie Magic Screenwriter is the best selling screenplay formatting software and the choice of Hollywood professionals. Screenwriter automatically formats while you write so you can focus on what you're writing, not where it goes on the page. It also formats for television, stage, novels and comic book scripts so you've got an all in one package for any story you want to write. Academy Award Tech Winner!

* * * Buy It!

copyright 2024 by William C. Martell