Posts In "Contracts"

Contracts




Q&A: Should I Turn My Short Film Into a Video Game Before I Get the Movie Made?

Q: I wrote, directed and produced a sci-fi action short that I think would make a great big budget feature. In the meantime, I have a friend who works for a small video game developer who absolutely loves the concept of my short and thinks it would make for a great game. I think it would be very cool and am thinking about putting together some sort of deal with my friend, but I don’t want to do anything that could jeopardize my ability to someday make a studio film based on my short. Should I just pass or do you think there’s a way I could make this work?

A: For you and your friend’s sake, I hope your short doesn’t involve a chubby, mustachioed Italian plumber with a love of coins who’s intent on saving a princess from mushroom and turtle creatures… in space. If that’s the case, we may have a problem. If not, there’s a chance you can make this work, but you’re right to be concerned about the possibility that your granting of rights to this video game developer could later affect your ability to produce a big screen adaptation of your short film.

First a quick note to those readers who think this may not apply to them because it involves video games: the majority of these issues would arise with respect to a production of any type of derivative work based on something you own, whether it be a video game, a book, a stage play, etc. so don’t be afraid to keep reading! 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 . . . »


Q&A: How Do I Option English-Language Remake Rights for a Foreign Film?

Q: I am optioning a German film to do an English-language remake. Anything special I need to worry about?

A: Well, apparently you need to worry about broccoli. Does your film have anything to do with broccoli? Are you going to be eating broccoli while filming? What’s the broccoli status of your film? Do you even like broccoli? Honestly, I’m not even sure I’m going to be able to answer all the concerns you may need to address if broccoli is involved.

If broccoli is not involved, you’ll still have some issues you’ll need to address. Because copyrights can be divvied up, and you’re dealing with a pre-existing movie with its entire bundle of rights, you have to worry about exactly what rights you’re getting and what rights they’re keeping. Continue reading the full story . . . »


Q&A: How Do I “Dis-Attach” a Producer from My Project?

Q: How binding is a letter of intent? Nearly eight years ago, I signed a one-paragraph agreement in which I allowed a producer to attach himself to my original screenplay and shop it around. He found no takers and hasn’t submitted the script anywhere for at least five years. Now I’m thinking of reviving the project, but would prefer to do so without the producer’s involvement. Do I have any further legal or moral obligation to him? I would like to add that no money exchanged hands; the producer never actually optioned or bought my screenplay.

A: A true letter of intent is as binging as your To Do list, or at least it should be. You intend to do the things on your To Do list, but if you don’t do them you won’t get sued. The only way a letter of intent is legally binding is if it’s not truly a letter of intent. It’s not what you call something, it’s what it is. You can have a piece of paper called a letter of intent that actually contains a binding agreement or you can have something called a binding agreement that actually contains no agreement at all but just a list of non-binding things the parties intend. It seems like you have something called a letter of intent which actually contains your agreement to attach a producer to your screenplay. Continue reading the full story . . . »


The Blame Game: Who Takes the Fall When a Movie Tanks?

Spoiler alert: not all movies succeed.

In any given year, the bombs will outnumber the blockbusters, much to the dismay of the companies fronting the cash (and that doesn’t even count all the movies that “lose money” on paper). American treasury bonds may no longer be AAA gold-plated, but you better believe they’re a safer bet than financing a movie — just ask every pro athlete who went bankrupt investing their multi-million dollar advance into a pet motion picture project. But not everybody who watches their investment wither and die at the hands of unforgiving reviewers and uninterested audiences is willing to just walk away. For these investors, there is recoupment by litigation (and entertainment lawyers everywhere rejoiced!).

Consider the financiers of the movie Free Style, who filed a lawsuit last week in hopes of salvaging their investment in the box office bomb. Unsurprisingly, the suit names the producers as defendants, alleging that they made misrepresentations about the marketing budget and the scope of the movie’s release. More interestingly, though, the financiers are going directly after star Corbin Bleu (of High School Musical fame, for those of you without tweenage daughters), alleging that he failed to honor an agreement to provide interviews to promote the film. As a result, say the money men, after they loaned $8.57 million, the movie only earned $1.3 million from all sources including foreign distribution and DVD sales. (If you’re thinking that’s not so bad, chew on this: the movie earned only $463 on opening weekend in the United States. Yes, 463 dollars, no zeros added. The investors might have been better off selling their collectible Barbies on eBay that weekend.)

Since you’ve likely never heard of the movie (case in point?), here’s a synopsis: “High School Musical’s Corbin Bleu trades in his dancing shoes for a helmet in this family film. InFree Style, young Cale (Bleu) gives his all in his effort to be on the Grand National Motocross racing team, while his mother (Penelope Ann Miller), sister (The Game Plan’s Madison Pettis), and girlfriend (Sandra Echeverria) cheer him on.”

I’ll give you a moment while you toggle over to Netflix to add the DVD to your queue. You’re welcome.

So, having taken the unusual step of suing the star of their film, what hurdles do the investors face in proving their case against Bleu? Continue reading the full story . . . »