I need some advice

I joined this discussion forum to try and get some help. I'm a writer, and have been approached by an independent film maker to have my third book turned into a movie. I own all rights to the project jointly with the subject of the book. The person who approached us did not mention obtaining the motion picture rights from me/us or any fee for those rights, and wants to write the screenplay himself. Out of the 100 revenue 'points', I am being offered one percent, while he as the scriptwriter would receive 4 points.

Does anyone know if this is standard procedure in the business these days? Just consider me a total novice when it comes to all this, because I am learning as I go. And hoping there are some people here who might be able to englighten me even a little.

It simply does not seem fair to me that the original creator of a piece of work should only be entitled to one percent of the revenue from a project that could bring in millions to the others involved. Yes I know, life isn't fair, but still...

Thanks in advance for any help and advice anyone can offer.

Alice

I don't know anything about this, but it seems to me that you should call an agent or at least an entertainment lawyer before you sign on any dotted lines. Congrats on the interest in your work!

Thanks very much for the Congrats, 'Sam', it is quite exciting to be even talking about this, but I definitely have questions! Wish I had an Agent to call, the ones who've contacted me aren't in the exactly ethical league, or they want a ton of money, or they're just in the dream snatching business. And the reputable ones don't want me because I'm still 'unknown' in the brick and mortar world. I've been online spreading my work around since 1999, but that doesn't seem to count much, and there are almost 200,000 new books published in the USA alone every year these days.

You're right, it is a very good thing to have some interest in my work, and I know having one movie made would increase demand for all my work. I'll just try to be patient for now and find the answers - and I'm looking into and thinking about writing the screenplay myself. Don't know if I could do that though.

Thanks for responding, I appreciate the comment, and you did offer good advice. I'm so used to doing everything alone I didn't even think of an agent or an entertainment lawyer. :-)

All the Best,

Alice

I don't know too much about this either, but I would take Sammy's advice about an agent or lawyer of some sort to go over everything with you.

I think what happens is the producer or production company buys the rights to your book for a period of approx. two years. Then the book rights go back to you when the time period is up. Now I think they pay a lot of money for the rights to your book, and they must credit you in the acknowledgments. After the film is released, then you start getting royalties from the movie, also increasing interest for your book. However, you mentioned that you will jointly own the rights to the book while he writes the screenplay? I strongly encourage you to seek professional advice on this before signing anything.

Yes, that does seem to be a rather important first step that was skipped in this entire process. Other research I've done today absolutely agrees with what you're saying, Gummo, and I appreciate your response. At this point, after what I've learned today, I don't anticipate signing anything any time soon!

I don't recall saying that the screenplay writer and I would jointly own the rights to the book, the principal 'character' in the book is an actual person, and he and I created this book as a joint venture. However, I hold the copyright; he and I have agreed to split revenues from rights and royalties, but not writer's fees.

Every day is another learning opprotunity, isn't it? :-)

Thanks for replying, Gummo, good advice. :-)

All the Best,

Alice

To tell the truth, and the hard truth, in some cases, the screen writer will be entitled more money in the contract than the original author...

Let's hope that for you, that's not the case. Congrats on your new successful business venture though and best of luck.

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"All the confusion of my life... has been a reflection of myself! Myself as I am, not as I'd like to be." - Guido, 8 1/2

Congrats Alice

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Health is the greatest gift, contentment the greatest wealth, faithfulness the best relationship.
Buddha

Thank you, Prometheus, but it seems that congratulations are a little premature. I've talked more about this situation in my MySpace blog, hope it's all right to put an outside link in here - nope, don't have enough posts here yet for that, my page on MySpace is linked through my website if you're interested.


Life's just filled with lessons, isn't it?


I do appreciate your feedback. :-)


All the Best,


Alice

congrats! get in touch with an agent and good luck.

Haha, yes. Let's not have premature congratulations jinx it. I'm just genuinely happy to see that you have been offered, well, an offer.

Like many others have said, the best route to go is to contact and find an agent to take care of all your needs and to make your more knowledgeable and comfortable with what your about to sink your hands into.

well, it will depends on you.. if you think its that the right price for your work, then go if not keep on going negotiating on them since the last words is in you. cause you are owner and have the right to demand.

The following items always seem to help me get the upper hand in any and all negotiation:

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or:

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“The gladdest moment in human life, methinks, is a departure into unknown lands.” – Sir Richard Burton

What is that?

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I know about songwriting, if it has anything in common. And the usual fee for the songwriter is 5 to 7 %