Rights and Copyright

   I have this vision of a modern version of famed movie CHITTY CHITTY BANG BANG. My vision has a multicultural cast with actor/comedian Wayne Brady playing the starring role (Dick Van Dyke’s character). I need a writer. How can I find one? And at what price?

–Les Williams

On the scale of marketable ideas, that’s not bad, although I suspect in this remake-crazy culture, someone’s already working on it. Regardless, I’m sure Wayne Brady and his representatives are happy that you’re out there, working to find him roles.

Ignoring for the moment that someone actually owns the underlying rights (probably MGM, but maybe Ian Fleming’s estate), I see two main paths which you could take in pursuit of a screenwriter to implement your vision.

First, you could find a screenwriter who is already somewhat successful. I’m not talking Robert Towne or Callie Khouri, but rather a writer who got credit on Eddie Griffin’s latest movie, or a Mandy Moore vehicle. Since you’re not bringing a lot to the project other than your enthusiasm, you may have a hard time convincing this writer’s agent to take you seriously. But I’d bet out of a list of 10 candidates, you’d find at least two writers willing to hear you describe your vision for the movie. And if it’s as good as you think it is, maybe one writer will say yes. Working together, the two of you either write the script as a spec, or approach the rights holder and convince them to commission a script.

The other option would be to find a screenwriter without any produced credits, and convince her to write the script for you. Maybe you pay her a few thousand dollars, maybe you don’t. Either way, you work together to create the best possible script you can, with some sort of written contract between you clarifying that you’re attached as a producer. When it’s finished, you approach the rights holder and convince them that your script will make the definitive multi-ethnic CHITTY CHITTY BANG BANG for the new millennium.

How do you find this newbie writer in the first place? You might have luck with online screenwriting forums and workshops. As long as you can read the writer’s work, it doesn’t matter where they live. Another good option would be to find writers who’ve won (or made the final rounds) in one of the many screenwriting competitions, such as the ones sponsored by Final Draft or the Austin Film Festival.

Which way is better? Honestly, they’re both difficult. But a producer’s job is always difficult, and many of today’s top producers started their careers exactly this way, with nothing more to offer than their imagination and tenacity.

I have submitted a book to a producer. This is my first book,
but they are wanting to make it. What can I expect as far as monetary compensation
for the
rights to the story being that I am an unknown author?

–Alma

The short answer is, not a lot. The long answer is more complicated.

When a producer buys the rights to a short story or book, usually what is
being purchased is the option on the rights. What this means is that the producer
is buying the right to buy the rights at a later time. He’s saying, "I’m
gonna pay you $1000 today. In exchange for that $1000, you promise you won’t
sell anyone else the rights during the next twelve months. Also, any time during
these twelve months, I can pay you $25,000 and you’ll sell me all the film
rights to the book."

In this example, $1000 is the option price, and $25,000 is the full purchase
(or buyout) price. But those are completely arbitrary numbers. Often the option
price is just $1. Sometimes the full purchase price is $1 milllion. And the
length of the option can vary as well, from six months up to two years or more,
perhaps with a clause allowing the producer to renew the option at fixed price.

In short, the dollars and dates can be anything, but the basic structure of
the deal is the same.

By why does a producer bother with an option? Why not just put down the full
purchase price at the start?

Because it’s a risk. Lots of things can and will go wrong in the process of
trying to make a movie, and the less a producer has to put down up front, the
safer it is. And in many ways, an option protects the original writer as well.
If the producer isn’t able to get the project made, the option expires and
the writer gets all claim back to her work. She even gets to keep the money.
She can set up the book with a different producer and do the whole thing all
over again.

So how much can you, Alma, hope to make from the book this producer wants
to buy? Unless there are a lot of other buyers interested in it, nothing is
going to drive the price up. And since you don’t have any track record of being
paid a certain amount for your work – what’s called a quote – there’s really
no minimum to expect.

At this level, you should expect a low option price, with the possibility
of a bigger full purchase price. I can’t see any advantage to selling out all
rights to the book at this point, because you’d then be giving this producer
the rights forever, and for not a lot of money.

In this situation, you’re mostly just dealing with how much faith you put
in this producer to get the movie made.

A lot of movies purport to be "based on a true story," even
when the finished product is highly fictionalized. Are there any rules or
guidelines
that govern the use of this label?

–Ellie Kane

Not really. The "based on the true story…" tagline has become something
of a cliché for television movies-of-the-week, along with its insidious
variants: "inspired by…", "in the vein of…" and the
rest. You’re right in assuming that the phrase means almost nothing anymore.

I suppose a very bored, very litigious television viewer could sue a television
network claiming false advertising if the movie was really nothing like the "actual
events" it was based on, but what are the damages, really? Two hours wasted?

The only person who could legitimately claim damages is one of the "real
people" portrayed in the movie, under libel law. That’s why a network
legal department is careful to check out both the script and the marketing
to make sure that none of the portrayals could bring on a lawsuit.