Acquiring Screenplay Rights

The contract drawn between a writer and a producer over extent of copyright being handed over.

A filmmaker's exclusive right to buy the screenplay during the option period.

When a filmmaker decides to purchase the screenplay during the option period.

An option whose purchasing price was not negotiated at the time the option price was negotiated.

• -To shop the script around before exercising option
• -Get longest option period possible
• -Get lowest option price possible
• -Make option price applicable to purchase price

• Prefers to sell outright (but knows not usually possible)
• Wants movie made so they can demand higher price for next writing assignment.

The exclusive right for the producer to purchase the screenplay during the option period.

• Low end $50
• High end 10% of purchase price
• Will the option price be applicable or nonapplicable to purchase amount?

• Usually at least one year
• Extension payment offered

When a producer can renew the option.

• Send snail mail notice of plans to exercise option to writer.
• Writer needs to sign purchase agreement.
• Writer also needs to sign over copyrights and other rights to producer.

Clause enabling the filmmaker to move forward with script rewrites, storyboards and trailers to raise money for project.

Clause stating that all rights are reverted back to the writer after the option period has expired.

• The Parties
• Grant of Option
• Option Price
• Option Period
• Exercise of the Option
• Right to Development and Preproduction
• Reversion

• Medium
• Duration
• Geography
• Motion Picture
• Merchandising
• Other (sequels, remakes, etc)
• Right to make changes

Perform a copyright search at U.S. Copyright Office.

• Copyright info- title, regristration number, year published
• Producers renewal rights
• All additional copyright documentation for rights transfered

• Book
• Radio
• Comic book
• Stage
• Separated Rights

During holdback period, writer cannot exploit reserved rights

Writer has to offer reserved rights to producer first before attempting to sell to anyone else.

WGA provided rates their writers need to be paid by.

The writer may audit a production company's profits off their script, usually not more often than once a year.

When the writer gets the rights back if the production company does not start principal photography in an agreed amount of time.

Insure against loss.

This is the writers assurance that this agreement does not infringe on any other agreements and that the writer is not breaching contract.

Producer has the rights to the screenplay without actual obligation to film it.

• Rights Granted
• Copyright
• Reserved Rights
• Payment
• Accounting (auditing)
• Rights Reversion
• Representations and Warranties
• Credit
• No Obligation to Produce
• Publicity