Posts by Matt Galsor

Matt Galsor represents actors, directors, writers, and producers in their dealings with studios, networks, and production companies. In addition to established A talent, Mr. Galsor's practice includes a talented group of up-and-coming artists.



Q&A: Can I Create a Film That’s “Inspired By” a Short Story Without Acquiring the Rights?

Q:  I was wondering if you could help me with a problem I am having with the rights to a short story.  I have been in touch with the relevant owners of the copyright and they have been told by the author’s estate they are not allowed to do anything with the rights to the story.  However, what I am wanting to do with the story is not a direct adaptation — but more of an “inspired by.”  What I am wanting to do is a 60 minute TV one off.  The only thing I am desperate to hang on to is the short story’s “twist” and elements of the central dilemma. Where would I stand with moving ahead with different character names, different structure, but retaining the twist and profession of the central character from the short only – crediting only “inspired by”?

A:  Copyright law doesn’t protect ideas – it protects the expression of ideas.  This is a simple concept in theory, but applying it to a particular situation could be challenging.  For several excellent, definitive, and thought provoking discussions of this topic, please see our blog

Continue reading the full story . . . »

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Q&A: How Do I Track Down and Acquire Film Rights to a Book I Want to Adapt Into a Movie?

Q:  I am a young filmmaker in Australia.  I have been chasing the film rights to a book written by an American author.  I have gone through the various publishers and have finally been given the name of the agent who represents the author in the States.  I am interested in knowing if the film rights to the authors book are available, and if they are, I want to know the correct pathway to go down to purchase them.

A:  To find out if the film rights are available, all you need to do is ask the agent (but you also need to do a lot of other things described at the end of this blog).  Assuming the rights are available and owned by the author, the next step is to negotiate the deal with the agent on behalf of the author to option the film rights.  (If the agent is a tough negotiator, you can try to cut him out of the equation and deal directly with the author; that’s a risky strategy that can backfire.  But don’t worry, there are other books available.)  And if you make the deal, the final step is to document the deal in an option agreement.  You could actually purchase the rights, as you suggest in your question, but it’s unusual to do so — the typical way to go about this is to option the rights.

  Continue reading the full story . . . »



Q&A: What Does My Deal for “Actual Proceeds” Actually Mean?

Q: Hello, I just read the article on what “defined net profits” is/means.  I’ve just signed a deal memo and am concerned with the wording…actual proceeds, no mention of gross or net (which may be a good thing).  Please let me know what might be next steps…

A: The basic difference between gross and net is the off the top deduction of expenses and fees in calculating net.  Speaking of off the tops, I just came from a bris.  It was a particularly good one.  Have you ever been?  If not, find one on Facebook or Craigslist, grab a few friends, and attend.  You’ll enjoy it.  Mohels tend to have a great sense of humor.

Anyway, your deal is probably with a production company that will not distribute the film itself.  And the term “actual proceeds” probably refers to the revenues received by the production company.  The blog about “defined net proceeds” focused on a distributor or studio definition of back-end, which is basically distribution revenues less distribution costs.  In your case, if in fact your deal is with a production company that will not distribute the film itself, you will be participating in the production company’s revenues.

  Continue reading the full story . . . »



Q&A: What Deal Should I Get for the Trailer Being Made for My Script?

Q: A production company is planning to shoot a trailer for the script I wrote. They are paying all expenses for filming. When and how much should I expect to be paid for my script? And do I need a contract prior to filming?

A: It sounds like you took a spec script to a production company, they liked it and now want to shoot a trailer for it. This is unusual. Generally, the film is made before the trailer. Normally, if a production company likes the script, it tries to option the script (or buy it outright) or at least tries to get an exclusive shopping window during which it attempts to set it up at a studio. It’s unclear to me why this production company wants to spend money on a trailer without first tying up the script.

Maybe they don’t want to spend money for the option (but then again they’re willing to spend money on the trailer)? Maybe they’re relatively new and don’t know what they’re doing? Of course, you don’t have to be relatively new to not know what you’re doing — you just have to not know what you’re doing. And when you’re dealing with someone who doesn’t know what they’re doing, it’s hard to know what to do. Continue reading the full story . . . »



Q&A: What Life Rights Do I Need to Write a Screenplay About Someone Who Died But Has Surviving Family?

Q: I have a question that I’ve been toiling over for months. I’ve done some research on it and cannot find a clear answer. I’m beginning to work with a writer on a screenplay on someone who died about 20 years ago. She has surviving brothers, but her parents are dead and she never married or had children. What type of life story rights do we need to acquire to tell this story — a screenplay that could potentially turn into a feature film? I guess the first question should be do I even need to buy or acquire the life story rights? Can I just change her name?

A: First of all, there is really no such thing as life story rights. There is the right against being defamed. There is the right against certain private facts about you being publicly disclosed without your permission — the New York Times would be violating it if its reporter sneaked in your bedroom, copied your most secret diary entries, and published them. And there are certain other rights of this nature. But there is no life story rights. When you buy life story rights, what you really “buy” is a promise from the subject of your story that they will not sue you for defamation or any number of other possible violations of their privacy rights.

In theory, you can make a movie about anyone alive without obtaining their “life story rights,” as long as the movie doesn’t defame the subject and doesn’t violate all these other privacy rights. In practice, that’s hard to do and no matter how much you try not to violate these rights, you can’t stop someone from alleging you did. So practically, in most cases, when a movie is made about someone alive, “life story rights” are acquired.

Now let’s focus on the dead. Perfect timing — Halloween is less than a month away. The dead can’t be defamed. The dead have no rights of privacy. The dead have no say about how they’re portrayed in movies. You can say anything you want about the dead, true, false, or in between. Well, not all of the dead. Continue reading the full story . . . »



Q&A: How Should I Paper My Ultra-Low Budget Associate Producing Agreement?

Q: A friend is self-financing and producing a micro-budget script that she wrote. She has asked me to help as an Associate Producer. It seems like a Work for Hire situation, but there’s no money for salaries. What’s the best way to formalize such an agreement?

A: As a basic rule in life, never get involved with any endeavor that can be described in a sentence that includes, in any order, the words “friend,” “self-financing,” and “micro-budget.” If the basic rule applies, run. She can’t be that good of a friend. You didn’t say she’s your best friend, just a friend. A friend in LA, at most, means you met her once and she added you to her 1,500 (and growing) other “friends” on Facebook. But even assuming she’s really a “friend” as used to be defined by a dictionary, then keep in mind that the second best way to lose a friend is to work for free on a “micro-budget” production. (In case you’re wondering, the best way is to lend money to a friend to produce a “micro-budget” script.)

But if you’re itching to test these common sense axioms, if you’re in it for a life lesson, then here is how you should formalize the deal. Continue reading the full story . . . »