What's my position in this?

Earthhorse

I'll try to keep this as brief and complete as I can.

Recently a friend of mine, who's trying to make it as a screenwriter, told me that a friend of his, who is a director, had around 10k to make a short for some producers. Knowing I had written some short fiction in the past he suggested I write something up if I had any ideas and send them on. I did, and the director liked my idea but not the execution per se.

Last week he was in LA talking to the producers and of all the ideas he pitched, including his own and my friend's, they were most enthusiastic about mine. Apparently they now want him to make a feature length film rather than a short. The director is quite adamant that I will get credit for the idea.

I do realise this is Hollywood we're talking about and not everything is set in stone, I'd be very surprised if they ran with my concept, but, assuming they do, what would my position be? Would I get a credit "Based on a concept by Earthhorse"? Would there be money involved? Drugs? Hookers?

More importantly if they do run with the concept but it's nothing like my original script would I be able to write my short story (which is how I originally intended to write the piece) and not get caught in any legal wrangles with them?

Miguel_Sanchez

They can't develop anything based on your idea until you sign a contract. Or rather they shouldn't - they could do it and just say that it wasn't your idea at all.

Whatever they promise - get it in writing. Even if you're working with your closest friends - GET IT IN WRITING. Always get it in writing and get it checked out by a solicitor.

Because you haven't had films made of your work before (I'm presuming this) they may try and dazzle you a bit with the excitement of it and then screw you on the cash front.

Also make sure that you own the copyright on the idea and you're not signing over everything to them. What you should be signing over is the right for them to make a feature based on your idea.

Of course I have no experience of Hollywood so some of the above could be wrong. But always, always, GET IT IN WRITING and get a solicitor who has experience with these sort of things to check it out.

Kelter

I don't mean to insult your integrity as a short story writer, but are you seriously suggesting that you won't go with the hollywood call, because you want to turn it into a short story?????

Have a bit of faith in yourself. You can write plenty more short stories, but this kinda thing is a once in a lifetime

Earthhorse

Ah no, that's not what I'm saying. What I am saying is that they're unlikely to tell the story the way I've written it. They just want my concept. In some ways, the story they end up telling will be unrecognisable from the one I tell. But the central character that drives the story would be the same. So, if I wrote my short story would there be copyright issues is what I'm asking.

I think Jeff has answered that by saying I should look at what rights I'm signing over to them if this progresses.

Thanks for the replies.

Devinho

Oh God yeah.

http://www.wordplayer.com/columns/wp04.Steal.this.Column.html

Copyright exists on the expression of an idea - thus, your idea is easily stealable, because you've got so little in writing. If, however, you write a script/short story and register it somewhere (WGA preferably), it's not so easily stealable. Then you can sell your script, or sell the film rights to your short story - which sounds like what you'd prefer?

Whether they change the execution after buying the rights is out of your hands (see http://www.wordplayer.com/columns/wp06.Crap-plus-One.html) - if the film gets made the worst-case scenario is that you get a story credit and what should be a reasonably useful sum of money. Best-case scenario of course is that you win an Oscar for best screenplay, a ton of money and a well-paid career as a Hollywood screenwriter. If that's what you want.

I suggest you go write the short story, tout suite. Better yet, do a deal with your screenwriter buddy where you write the script together, that way you get paid for the story AND for writing the script.

Play to win - and let us know how you get on, eh?

Earthhorse

Quick update, as requested.

My friend phoned today to tell me that the director is back from LA. He gets the feeling that he could be talking to the producers for another two years before they make a decision - it wasn't a meeting of minds obviously.

Anyway, he's still interested in using my idea for a short as he needs to beef up his portfolio so it's not a total loss.

Hollywood will have to wait!