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

[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.