on writing: a brief word on options

[lagilman]

Over in another forum, someone's asked for help. A production company wants to option one of his short stories for a film idea they're chasing (they're looking at a number of stories from a theme anthology, probably just covering their backsides). The thing is, what they're offering? A credit in the eventual film they might make. In exchange for tying the rights to his story up for a year.

I'm going to say here what I said to that writer: don't give your options away for free. Do not allow anyone to tie up rights to your work without compensating you. We're not talking a lot of money here -- a token payment is probably the best you can expect for a short story option. But that token payment might cover your grocery bill. Or your monthly utilities. Or, hey, if you fall into the right pot of honey, a mortgage payment.

Considering the odds of your story actually ever getting used are, well, wee, you need to get the money where you can. And make sure that you sort out the terms of the option, including renewal, in writing!

Okay, that's my rant. bgliterary? arcaedia? Want to weigh in on this, from your experiences?

Comments

[kradical.livejournal.com]

Damn skippy. That's not something you give away.....

[vincam.livejournal.com]

A credit in an eventual film is something they would have to cough up anyway if they make the film. And having a film made of one's work just isn't that wondrous a thing, especially if the filmmaker is so lame he can't (or doesn't know he needs to) pay for the option. This guy is counting on the writer to be all starry-eyed and impressed. I would be offended by that, and the price of the option would go up. The filmmaker should know better, and the fact that he doesn't sets off alarm bells all over.

[lagilman]

I suspect, based on the theme anthology thing, that they're not going to 'use' any of the stories but don't want anyone to be able to sue them for similarities. That set off my warning bells.

[janni.livejournal.com]

Sounds a lot like the small magazines that say "hey, we can't pay you, but look at all the exposure you'll get!"

[arcaedia.livejournal.com]

Agreeing with your principle -- we see this attempted in movie-land all the time -- and we call it a "free option" -- and what the heck is that supposed to be anyway? (As great and powerful New York agents, we sneer and tell them to call us when they are ready to put their wallet into the game.) As those who have tried it know, it's the rare option that hits production. Any client of mine would be advised against tying up any rights without adequate compensation. And free isn't adequate.

[lagilman]

May I pass your words along to the writer in question?

[arcaedia.livejournal.com]

Sure... you might want to take out the sneering part if it isn't someone acquainted with me already. *g*

You might also refer them to this article: http://www.absolutewrite.com/screenwriting/free_options.htm -- it touches on the issues that come into play in these situations.

[jimhines.livejournal.com]

I'm not personally acquainted with you, but I've been reading your LJ for a while. No worries on the sneering :-)

And thank you! I haven't gotten a chance to read the article yet, but I appreciate the opinion... I know a decent amount about the publishing side of things, but this was a new one for me.

[lagilman]

heh. *wave*

Not just no, but hell, no.

[jonquil.livejournal.com]

Ask the writer if he'd accept the same deal on the short story. No pay, not even copies of the book, but his name on the book should it ever be published, which is not guaranteed.

I think not.

Not like I'm an expert but...

[stakebait.livejournal.com]

My memory of the screenwriting panel at Noreascon might be wrong, but I think they were talking about $5,000 as a small-but-standard option for a short story. And they made very clear that that's just for the option, and you should expect another payment in the event that the film is actually made.

Re: Not like I'm an expert but...

[lagilman]

Depends on who is doing the optioning. Production companies, like publishers, run the gamut from no money to money. Zoetrope pays different than Joe Shmoe's Startup, fer'zample.

$5,000 seems pretty high for an option for a short story, unless you're a Name, but I might be wrong.

Re: Not like I'm an expert but...

[arcaedia.livejournal.com]

Unless you're a BNA (Big Name Author) that actually sounds more like a first option amount on a novel rather than a short story. Of course, it all depends on whether you're dealing with a production company, an independent producer, etc.

Re: Not like I'm an expert but...

[jimhines.livejournal.com]

I certainly wouldn't turn it down, though :-)

[christymarx.livejournal.com]

Your advice is spot-on. Any legitimate production company, producer or studio would know better than to make an offer like that. It's the cheap way out. If they don't want to put their money where their mouth is, phoque'em.

I would also advise the writer to go to imdb.com and investigate what actual credits these people have.

Doesn't the writer have an agent to deal with this?

[jimhines.livejournal.com]

No agent yet. Working on that... but this was a short story, and those generally aren't agented.

imdb.com is an excellent suggestion - thanks!

[christymarx.livejournal.com]

Hi, DS, you're the writer involved, I take it?

I've worked in Hollywood as a scriptwriter/series developer/story editor, etc. for 20 plus years, so feel free to ask me questions about whatever you run into.

[jimhines.livejournal.com]

Yup, that's me. (Unless our hostess received two identical queries at the same time.)

Thanks - I've talked to a number of folks, including one who does filmmaking and stuff out in LA. One of the things I love about the writing community is that there are so many people willing to share experience and advice. Depending on what happens from here, I may be back with more questions...

[jimhines.livejournal.com]

Okay, here's a question. The editor from the anthology has been talking to other folks, and came back with this from another (unnamed) person in the industry.

>As for the free option, that is VERY standard these days. I get properties
>all the time that way, and even some of the really established brands end up
>getting very little, if anything, for the option price. There's just a glut
>of content right now, so nobody sees the need to pay for it. The same is
>true, unfortunately, for a lot of the development work. A lot of projects
>these days are developed entirely on spec, including screenplays, budgets,
>schedules, and even talent attachments, all with no money.

>Anyway, I'm rambling. The answer is that a free option on a short story is
>exactly what I'd expect, and it would be very surprising to see another sort
>of offer. The real key is what credit they are given, how long the option is
>for, and what the rights fee will be.

The editor is someone I've worked with and trust, but this contradicted a lot of what I'd been hearing, so I thought I'd come back and see what you thought...

[lagilman]

The answer is that a free option on a short story is
exactly what I'd expect, and it would be very surprising to see another sort of offer. The real key is what credit they are given, how long the option is for, and what the rights fee will be



Mmm. It may be the offer the editor expects. It should not, IMO, be the offer the editor accepts.

[christymarx.livejournal.com]

I don't want to put myself forward as the ultimate authority by any means. A lot depends on *who* this other person was and where they were coming from. They could know a lot more about this particular process than I do.

Yes, it may be a reality that the industry is taking advantage of people in this way. It wouldn't surprise me. I dislike the attitude behind it, though, this attitude of "well, that's just the way the business works, so suck it up."

Hell, my partner and I spent a year doing free development while we tried to sell a series concept to Showtime. We almost did, but were shot down by the very top guy in spite of all the work and in spite of having one of their favored director-producers attached. It happens. Note, however, that this was our original idea. We weren't taking anyone else along for the ride.

Would *I* ask for someone to give me a free option? Yes, without hesitation, but only because I'm an individual writer with the means and contacts to pitch the idea, but I don't have money for options. I would make sure the owner of the IP had a very good back end deal, however and I would not feel comfortable asking for more than a 3-year commitment.

But if we're talking about people that *have* money -- such as a large production company, a powerful producer, or a studio -- my personal take is that they have no business asking for a free ride. Maybe they won't offer a lot, but they could certainly offer *something*.

The other issues are standard. They damn well better guarantee a "based on" credit at the least, a reasonable option period, possibly an extension to the option period (but only for money), and a good back end deal, including participation in ancillary or anything that might be marketed from the material (especially if you have something that could be a "franchise" which is mainly what they're looking for these days).

Finally, if you decide to give the free option, I would insist on a clause that says should someone else come along and offer you real money for an option, you will give these people first right to match the offer and maintain the option, or you can cancel the option in order to accept the money offer...with the proviso that it can't be a party with whom the option-holder is already dealing nor could it be pitched to anyone to whom the first option-holder has pitched (no backstabbing, in other words).

They'll probably freak over the idea, but it's only fair that you not get locked into a free option if someone wants to offer you money, as long as it's not just a case of someone trying to pull a sneak move and cut out the first option-holder. They have to protect themselves from that.

You must also be realistic about the value of your property. You never want to undervalue it, but does it have characteristics that make it unusually valuable? Would it be easy to franchise (turn into spin-offs such as tv series, comics, games, merchandising)? Is it an award-winning story? Does it have a hot, high concept idea that nobody else has done? Has anyone else shown interest in it?

So there are a lot of variables. It's all such a big crap shoot, anyway. ;) Tons of material gets developed or optioned; only a fraction gets made.