Help! I’m getting screwed on my own series
![[questionmark]](http://johnaugust.com/img/questionmarks/33.jpg)
A year and a half ago I pitched a scripted series to a cable network and it was optioned for development.
I was contracted for and completed a series bible, and script (plus polish). Based on programming issues they were having, they decided they wanted to change the direction and tone of the series. So I was contracted for and wrote another script (plus polish) under the new creative. All of this was without a series deal in place. I worked only with contracts for the scripts. Those contracts stated “good faith” negotiations if/when they decided to go to pilot/series. Terminating me from project reverts rights to me.
They loved it, they said. A surefire hit, they said. Let’s find a showrunner, they said.
Perhaps I should have begun to sweat right then and there. But I was excited about a showrunner, especially since they were reaching out to high caliber people. Every showrunner (supposedly) said the same thing. “This is a franchise.”
I was asked to choose one of the suggested names and was excited by the options. They told us they were skipping the pilot — going straight to series.
And then came the series negotiations, and the hell I am currently in. The money offered is despicable. (As this is cable, I use peer standards, not even industry. And it was worse than bad.) My highly reputable lawyer is disrespectful and rude to me and promised numbers that he didn’t run by me first. And all credits (Creator and Producer) are subject to either WGA or CAVCO. They will not lock for life, only one cycle. The ONLY thing guaranteed is 2 out of 12 episodes written. They have made it clear that the high profile showrunner is the priority.
Is there any way to salvage this situation? How does one determine when to walk away? I am well aware of how many people would do anything to get their ideas on screen. Without a guarantee of credits or money, is it worth it?
Full rights do revert back to me, but not for approximately 2 years.
– M
Los Angeles
Get a new lawyer. Fast.
You’ll have no trouble finding one. Assuming you have an agent/manager, get them on the hunt. If you don’t, start calling the major entertainment law firms (they’re all in Beverly Hills or Century City) and say this:
“Hi. My name is Mary Writer, I have a series commitment over at Comedy Central (or wherever). I’m looking for a new attorney to close the deal.”
You’ll get someone. Trust me.
Are you in jeopardy of getting pushed off the show you created? Absolutely. But the Big Showrunner is no doubt WGA, which means “created by” credit will be handled by the WGA. Which means you’re almost certainly going to get credit. Ask Jeffrey Lieber from Lost.
Now, stop reading and start dialing. You need a better attorney, stat.
Articles
November 8th, 2006 at 5:24 pm
I know nothing about the entertainment industry other than what I’ve seen on Entourage, but “get a new lawyer” was my first thought. Why would anybody tolerate someone they pay being rude and disrespectful to them?
November 9th, 2006 at 7:31 am
M,
You’re in trouble. I had a very similar situation happen and this is what I learned: There are two types of show-runners in Hollywood, the kind that are nice and can share credit and the kind that are nasty and take all the credit. If you have the nasty kind, he will never really let you work on the show (his ego won’t allow it!) and he will make a great effort to re-write your pilot which will put even your ‘created by’ credit in jeopardy. Furthermore, the network and everyone on the show will give him all the credit for the success of the show and will stop talking to you once you sign the deal.
In my opinion, lawyers can’t help you. Lawyers only make money if you make a deal, so in a bad situation they usually start to cave. Also, most of them have a really hard time being truly tough with a network because they have to make deals with that same network in the future. So basically, they spend weeks going back and forth talking about numbers and points in the deal that are so low they shouldn’t even be on the table.
Which means, you have 2 choices and only 2 choices:
1) Walk. If I had walked, I would have been much happier. I took the bad deal and the show-runner immediately kicked me off the show — they paid me, but never wanted me to work on the show. If you take your deal, it would not surprise me if they simply wrote you a check for your two scripts and never asked you to write them. Also, remember, the fact that a network wanted to buy your script makes it much more valuable to other networks. If you walk, you still might be able to sell it somewhere else (under better terms of course.)
2) This choice is about the same as choice 1 but at least it offers a glimmer of hope. (I am also assuming you have not signed a series deal yet, because if you haven’t, you have much more power than you think.) Call the show-runner (YOURSELF–don’t have an agent or lawyer do it) and ask him for a meeting so you can talk about the show. If he’s willing to meet, express your ideas and see how he responds. Remember, in the end, hollywood is just a business. Lawyers help with the law, but a working situation is something you need to personally handle (would you have your lawyer go on a job interview for you?) If he’s a really bright guy with great ideas, and he responds well to your suggestions, you might want to consider taking the shitty deal. If he can’t find time to meet with you or is stand-offish when you do meet, you should call the network (again, I would recommend you make this call yourself, but you can have a lawyer do it if you’re willing to wait a couple of weeks to get your point across) and explain to them that you can’t take the deal if their chosen show runner is in charge. Tell them since their show-runner doesn’t want to work with you, you don’t want to work with him, but you would be willing to work with a show-runner who is more receptive to your ideas. They will be angry, but they won’t have a lot of choices (assuming you have not signed.) There are many, many network approved show-runners and the good ones can really make your career, the bad ones will definitely break it.
That’s my 2 cents. Jp
November 9th, 2006 at 11:09 am
Jesus, that all seems pretty hairy. I actually don’t envy your situation. I hope you’re not cheated out of anything here. Good luck with it all.
November 14th, 2006 at 9:37 am
In general, you will never get what you are entitled to unless the other side believes you are willing to walk away.
November 15th, 2006 at 9:17 am
Fuck em. Don’t give em shite. Walk away with the show you created and find another network. There are 500 channels out there spewing manure. They’d all kill for your show. Plus, that network you’re dealing with blows balls. In the end of anything going bad always go out with fists of blood. You already know you have the skills to kill it in H’wood, now find your pride.
May 31st, 2007 at 5:35 am
I sympathize with your situation. If I was you, I would definately walk. I am also interested in pitching a series of ideas to a network(s), but hearing your story discourages me from doing so. I wonder if someone would steal my idea and make it there own. Do I let my good ideas pass me by because of my fears? How do you know who is the right person to talk to and trust?
December 12th, 2007 at 12:00 pm
I have completed my first treatment and need to know how to find a showrunner for my treatment. I have also sent it out to a few literary agents. Any advise for me would be appreciated greatly.