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Old 04-10-2007, 11:45 PM
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When does a screenwriter get paid?

Okay, so let's say I write a script & a studio likes it and wants to make it a movie. They use the script, film the movie, but it turns out terrible or gets too far over-budget and for one reason or another is never released. Does the writer still get paid if the script goes into production, but never gets produced or released? Or does the writer get paid back at the start when they say "We'd like to use your script."


Not that I have a script worth selling or anything, I'm just curious as to how that works.
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Old 04-11-2007, 07:07 AM
chaibill chaibill is offline
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i think it depends on the company or the arangments...but if they start production the writer would get paid probably at diferent stages of the production like quarterly or some thing. or they buy your script they own it and fuck it up and turn out a pile of shit any you can't do a thing about it
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Old 04-11-2007, 07:44 AM
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This can go several ways.

The worst way - The encouraging word. A producer says he wants to make the movie, loves the script, but doesn't want to option/buy it until others are attached. This one raises your hope, but most people won't attach themselves to a project if the producer doesn't have the rights secured - meaning the producer hasn't paid the writer for exclusivity. These tend to fall apart before any money changes hands.

Better - the option. The writer is paid a smaller amount than a purchase price. This amount can range from $1 - $30,000, but is quite often in the $1K-$2K range. With this, the producer has a limited term (usually a year) to set up the picture. If the picture gets made, the writer gets paid the difference between the option price and the purchase price (more on that below) when cameras role.

Betterer - The purchase. The producer (or studio) shells out a large up-front amount to essentially buy the script. When this is done, the producer own the script and can do with it as they wish. Purchase price for a newcomer is typically 2.5% of the budget, so if the film is budgeted at $10M, the writer would get $250K - usually payable with $100K up front and $150K due when cameras role. There may also be step payments for rewrites and/or polishes.

The Dream - the Bidding War. When more than one entity is vying to nab the rights the purchase price can skyrocket. This is how the legendary $1M script sale happens...and it happens nearly once a year.

The Best - Clout. If you have produced credits that made a ton in the past, you can negotiate any number of amazing deals. Sometimes its greater profit participation, sometimes its a huge up front salary. Ted Elliot, Terry Rossio, Daniel Cloves, Scott Frank, Erhen Kruger, William Goldman, etc can get $500K- $1M a script on a regular basis. This is where all screenwriters wish to land, but there are maybe a dozen writers in this category.



The writer gets paid if the film starts filming. Even if it never finishes filming, the writer is still paid.

Then there's the back-end. Most writers get a percentage of the gross, which is a mythical beast - seen by few and rumored to not exist at all. A percentage of the net WILL generate cash for you if the movie does well.

But the new trend is the box office bonus written into contracts. It rewards the writer for a high performing movie. e.g. the when the film hits $20M d.b.o. (domestic box office = revenue from U.S. + Canada as reprted in Daily Variety or the Hollywood Reporter) the writer gets $20K bonus (completely independent of the net/gross profit sharing)

Hope that made sense.:o
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Last edited by Roderick Usher; 04-12-2007 at 07:18 AM.
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Old 04-11-2007, 02:05 PM
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Quote:
Originally Posted by Roderick Usher View Post
This can go several ways.

The worst way - The encouraging word. A producer says he wants to make the movie, loves the script, but doesn't want to option/buy it until others are attached. This one raises your hope, but most people won't attach themselves to a project if the producer doesn't have the rights secured - meaning the producer hasn't paid the writer for exclusivity. These tend to fall apart before any money changes hands.

Better - the option. The writer is paid a smaller amount than a purchase price. This amount can range from $1 - $30,000, but is quite often in the $1K-$2K range. With this, the producer has a limited term (usually a year) to set up the picture. If the picture gets made, the writer gets paid the difference between the option price and the purchase price (more on that below) when cameras role.

Betterer - The purchase. The producer (or studio) shells out a large up-front amount to essentially buy the script. When this is done, the producer own the script and can do with it as they wish. Purchase price for a newcomer is typically 2.5% of the budget, so if the film is budgeted at $10M, the writer would get $250K - usually payable with $100K up front and $150K due when cameras role. There may also be step payments for rewrites and/or polishes.

The Dream - the Bidding War. When more than one entity is vying to nab the rights to the purchase price can skyrocket. This is how the legendary $1M script sale happens...and it happens nearly once a year.

The Best - Clout. If you have produced credits that made a ton in the past, you can negotiate any number of amazing deals. Sometimes its greater profit participation, sometimes its a huge up front salary. Ted Elliot, Terry Rossio, Daniel Cloves, Scott Frank, Erhen Kruger, William Goldman, etc can get $500K- $1M a script on a regular basis. This is where all screenwriters wish to land, but there are maybe a dozen writers in this category.



The writer gets paid if the film starts filming. Even if it never finishes filming, the writer is still paid.

Then there's the back-end. Most writers get a percentage of the gross, which is a mythical beast - seen by few and rumored to not exist at all. A percentage of the net WILL generate cash for you if the movie does well.

But the new trend is the box office bonus written into contracts. It rewards the writer for a high performing movie. e.g. the when the film hits $20M d.b.o. (domestic box office = revenue from U.S. + Canada as reprted in Daily Variety or the Hollywood Reporter) the writer gets $20K bonus (completely independent of the net/gross profit sharing)

Hope that made sense.:o
this is encouraging, since real soon, i am going to have a lot of time on my hands (okay, maybe not real soon, the house has to sell first...)
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Old 04-12-2007, 12:54 AM
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bwind22 bwind22 is offline
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Thanks for the breakdown Rod. That was pretty much what I was wondering. Like I said, I've done nothing sellable yet, but I was curious and it's helpful info to know. Much appreciated.
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  #6  
Old 04-13-2007, 02:53 AM
fubar-entertainment
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We have a more fluid view to payments to all artists but especially writers. Each and every project will be slightly different as the writers are different and the requirements of them are different.

Normally a retainer is paid to secure a writer on a particular film. We would then negotiate a schedule with them of various payments - something along the writers guild outline.

And sometimes we might even buy-out any residuals on future income - depending upon the negotiating process.

Most importantly though, if a production company is worth its salt, then you should always come away with something upfront.

Hope that helps :)

Woz
FUBAR Entertainment
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