Urgent ADVICES/suggestions for a screenplay deal.

[ApeX]

Dear IndieTalk members,

I hope everyone is doing well. I need your kind advices and suggestions for something very urgent and important.

So, I have written a story. Please don’t take it wrong or make fun of it. A movie based on this story could be very successful and can easily gross 1 billion.
So, now what to do ? I want it big and justified. If I get to sell the story/concept, what should be a fair price range at present days ?

What price/profit should one deserve/demand; if a movie made (story,screenplay,direction) by his, hits billion dollar gross.

Also I need some ideas about real profit regarding successful movies.
So, how is profit calculated ? How is distribution fee calculated ?
In a simple way, what profit amount is expected excluding making budget, distribution fee for a 1 billion hit with making budget 200 million ?

And what price/profit, the story/screenplay and director should deserve/demand in Hollywood these days.

Thank you for reading all this. Now you all good people, please give some advice/suggestions. I need them very urgently.
N.B. Once the deal finalised, I will have some gifts for you. I promise.

Thanks
Ash

 

[2001 Productions]

 

[Budget:0]

orly? Do tell.

Spoiler

You register a copyright at http://copyright.gov ; not the WGA

You knew what he meant


And it's noob question time:

What's the difference between the two other than the words "copyright" and "register?" I'd think copyrighting something would be a little odd after you register it with WGA. Plus, once you write something, it's yours. You own it. I wouldn't think copyrighting it would be necessary.

Maybe it's just me, but when I was writing short stories and novels, that wasn't something that was ever recommended to me. Is this a difference between the two? Is it necessary?

 

[Alcove Audio]

You knew what he meant.

Precise terminology does make a difference. Part of being in the entertainment business is understanding that it is a business. Using correct terminology and knowing the difference between a copyright and a registration is just one part of showing others that you are a professional and serious about your profession. Being a creative - whether it's being a writer, director, musician, or any of the dozens of other creative professions - is only a small part of what we do. We must also know, at least the basics, of management, finance and the law. That way, if you suddenly find yourself face-to-face with someone who can help your career you don't sound like an idiot; you sound like someone who is serious about their profession. They are then more likely to, at the least, continue the conversation and perhaps impart a few words of wisdom, and, at the best, actively assist you.

 

[Budget:0]

Precise terminology does make a difference. Part of being in the entertainment business is understanding that it is a business. Using correct terminology and knowing the difference between a copyright and a registration is just one part of showing others that you are a professional and serious about your profession. Being a creative - whether it's being a writer, director, musician, or any of the dozens of other creative professions - is only a small part of what we do. We must also know, at least the basics, of management, finance and the law. That way, if you suddenly find yourself face-to-face with someone who can help your career you don't sound like an idiot; you sound like someone who is serious about their profession. They are then more likely to, at the least, continue the conversation and perhaps impart a few words of wisdom, and, at the best, actively assist you.

I meant it very jokingly.

I wasn't trying to say that precise terminology doesn't make a difference. If an author accidentally says "query" instead of "cover letter" they are often corrected, because they are different. There's nothing wrong with making sure everyone has their stuff straight.

 

[2001 Productions]

What's the difference between the two other than the words "copyright" and "register?" I'd think copyrighting something would be a little odd after you register it with WGA. Plus, once you write something, it's yours. You own it. I wouldn't think copyrighting it would be necessary.

It is not necessary. Once you create a work it is automatically protected by copyright law.

Registering the work - either via the U.S. Copyright Office or the WGA - simply establishes a date of completion in the event that there is some legal action. It is entirely up to the creator whether or not it is worth the $ to do it, though some online script services - such as InkTip - require registration of your material before it can be posted to the site.

Before I was repped I registered everything. My manager informed me that script theft is largely a myth, and actually will not send out anything with a registration number printed on it because it screams, "Amateur!"

 

[Budget:0]

It is not necessary. Once you create a work it is automatically protected by copyright law.

Registering the work - either via the U.S. Copyright Office or the WGA - simply establishes a date of completion in the event that there is some legal action. It is entirely up to the creator whether or not it is worth the $ to do it, though some online script services - such as InkTip - require registration of your material before it can be posted to the site.

Before I was repped I registered everything. My manager informed me that script theft is largely a myth, and actually will not send out anything with a registration number printed on it because it screams, "Amateur!"

Interesting. Thanks for sharing that with me.

Do you happen to know why places like InkTip (not that I'm interested in using it) like for their scripts to be WGA registered?

 

[2001 Productions]

Do you happen to know why places like InkTip (not that I'm interested in using it) like for their scripts to be WGA registered?

They act as sort of a middleman between script writers and potential buyers, but because they do not officially represent either party, they don't exercise any control over what is posted for sale and who looks at it.

When you sign up with InkTip you agree to hold them harmless from any legal action. But, since nothing precludes them from being named in a lawsuit anyway, requiring the material to be registered provides an additional layer of protection for them.

 

[ApeX]

Thanks all for the tips and tricks.

And now, how to register/reserve a movie title ?

I read on MPAA.org that "In order to register titles, filmmakers must subscribe to the Bureau's registry. There are currently almost 400 subscribers, including all of the major motion picture studios. Subscribers are bound by the Bureau's rules, which prescribe procedures for registering titles and handling any related disputes."

Is there anyway to do it independently ?

 

[2001 Productions]

Rik already answered that question for you:

You cannot copyright a title. Not all titles can be protected by
trademark law. Titles of works that are part of a series or become
synonymous with a particular author or publisher are protected
under the unfair competition law. Once a series is established,
each work in the series reinforces the trademark.

ApeX, I think you may be confusing the use of the word "title" as the title for a proposed project rather than a project in some stage of development or production. It does not preclude anyone else from using the same title.

 

[ApeX]

Rik already answered that question for you.



I think you may be confusing the use of the word "title" as the title for a proposed project rather than a project in some stage of development or production.

Yeah, but Rik said about trademarking the title to my previous query.

What I want to know is..for eg. it's decided to make a movie with name "IndieLife".
Then I must have to register that. Because if someone else make a movie in due time then, I can't use this particular movie name gain. And to avoid this I need to register the name in case there were no movies with exact name previously. And that has to be done with MPAA.

In another thread I was reading "The Asylum, producer of a low-budget rip-off called American Battleship, has agreed to change the name of the film to American Warships and alter its marketing and packaging in exchange for Universal dropping the lawsuit. ".

If anyone makes a movie with a similar title to my proposed movie title, then it would be impossible to use my proposed name in my future movie.So in order to avoid this fear, I need to register the title also.

 

[Budget:0]

Thanks, 2001. You've been a big help.

And yeah, something about InkTip doesn't sit well with me. I think it's the paying $60 to put a script on there, when there's a slim chance of anyone buying it.

 

[2001 Productions]

And yeah, something about InkTip doesn't sit well with me. I think it's the paying $60 to put a script on there, when there's a slim chance of anyone buying it.

There's a slim chance of anyone buying it anywhere. Just the nature of the biz -- hundreds of thousands of screenplays are written each year, probably only 1% get sold.

For what it's worth, I got signed with a manager via InkTip, so good things can happen there.

***

ApeX, I'm no expert on trademarks, but you might consider forming a production company called IndieLife (or whatever), register it as an LLC, then have a logo created for it. You should be able to trademark that. Then your production company can own the project of the same name.

 

[FantasySciFi]

As fascinating as the discussion is, I would strongly urge you to take your question to the "Business & Legal" forum where you are more likely to have legal/business experts view and answer your question. I'm not saying you cannot continue your questions here. But it may not the best forum to get the answers you need on the BUSINESS side.

I have no doubt that many of the people following and responding are knowledgeable, but this is a "screenwriting" forum. Registering a movie title usually requires you have a finished product that can be deposited. Just as when registering a screenplay with the Library of Congress (copyright) or WGA you need to deposit a finished copy of the script. The problem with titles comes not when they are identical but when the story content is too similar it takes away revenues from the original. It confuses the audience. Copyright and trademark are fundamentally revenue protection mechanisms for their creators.

Unlike IP name registration, a title is not a unique identifier. Nor can it be trademarked except under fairly strict situations. An idea cannot be copyrighted. Copyright only applies to an idea committed to a fixed medium, that is, it needs to be recorded or realized physically. If someone uses your title, it doesn't impact you unless the content of the story is similar to yours. But you would have to have the complete story already produced and be able to show that the person knowingly used your title for you to even have an actionable case.

A script is ONLY WORTH what someone will pay for it. For an unknown writer, that may be $5000 to option. For a known author, it can be considerably more. One advantage to being the writer/director/producer is that your profit margin jumps up the more hats you wear. But there the caveat is your movie is ONLY WORTH what the audience is willing to pay.

I've seen some excellent stories turned into terrible movies. In some cases, the scripts that were bought were totally re-written changing the story so it was almost unrecognizable. If you sell your script, understand that you also sell your rights to your story in most cases. Scriptwriting is like putting your child up for adoption. In some cases, a script is optioned, re-written and then its left to expire. At that time, you can get back your rights and try to sell it to someone else. However, if you option your script (most producers will do that rather than buy it out right initially), you lose control over it for usually a year and a half.

You have a strong belief in your story concept. Understand that it will need to be honed many times to become a saleable script. Especially if this is your first script, get guidance before mailing it out. Some writers pay a professional to look through to give feedback on format, character & story development, pacing, and notes on marketability. While not necessary, do get feedback from others with screenwriting experience. Family and friends often do not give the feedback needed. Don't think too far out until you have a solid script in hand. Being a novel writer or even a playwright doesn't translate to being a good screenwriter.

If you haven't, read some books on screenwriting format, story, and marketing. If you haven't already, prepare the treatment--basically the script without dialogue. Use it to layout the script skeleton and add the dialogue. Pay attention to the characters and the story development. Breaking in from the outside without other work under your belt is difficult.

To even set up a basic studio will require a $20K investment. To move beyond that, will involve more investment. You will not receive money for your script that you can then invest in as a producer. You may receive credit towards it as a producer and receive a small percentage but movie monies are generally directed into the production. The screenwriter is really the only one who gets paid first--either to option or buy the script. That is usually a one time payment for new writers. Established writers will usually get a small percentage of the net profits. Unless you are well connected in Hollywood, getting your script read is the greatest hurtle.

If you want to create a studio and/or distribution company, you need to talk to the people on the business & distribution forums. They can guide you. Expect that you will need to invest your own money to do the start up, not profits from selling your script. You might try using Kickstarter or IndieGoGo to help raise funds and also check the viability of your concept. Crowdfunding is a mixed bag but it will give you some idea of how well the concept will succeed in the box office.

But before you do anything, get the script written. That may sound easy, but it's certainly the part that is most important and challenging. And if this is your first script, get good feedback. Trying to sell a poorly formatted and poorly developed story is like the proverbial albatross. Once it's written well and you're ready to market it, develop a strong logline. Get feedback. In most countries, your work is protected by copyright the day it's created. Keep records. Before you load your script on any site, be sure to get copyright or use a registration service like the WGA. Now you're ready to load your script onto Inktip and have them market your logline. See what kind of feedback you get. You may get none or you might catch the interest of a producer/director. Sometimes, it catches the interest of an agent. That's good. An agent can often open doors for you more quickly. It is VERY DIFFICULT to market your own material if you do not have industry contacts as an outsider. Not impossible but pretty close.

People think writing is easy and scriptwriting is the golden road to riches. It's neither easy nor rewarding when you start out. In fact, to make money often requires long hours, slavish devotion, and brutal willingness to tear out whole sections that don't work. Like the lottery or Vegas casinos, we hear about the few blessed who win big and not the heartwrenching multitude that lose. By "playing smart" you can hedge your chances of minimizing your losses and hopefully improve your chances of seeing a small return. Part of that is being realistic and informed. Don't count on the money until you see the check. Remember that in Hollywood, like Las Vegas, the odds favor the house (studios), not the gambler (writer). They get enough business that they can afford to buy a poor script at a reasonable price and pay someone inhouse to re-write it cheaply to make a movie than buy a good script at an expensive price.

What you suggested is like walking into the Mirage in Las Vegas and demanding a penthouse room and $20K comp'ed gambling credit because you'll pay them with your roulette winnings. They'd smile at you and offer you the standard room. And if you refused, politely (perhaps) have their security escort you from the premises. If you're a movie star, a "high roller" candidate, they would probably comp you the room and credit simply because you would draw in others who want to see you and pay for that privilege. That's why Hollywood insiders tend to be blessed with getting their own efforts produced. "It was written/directed by Gibson/Spielberg/etc." has a much bigger draw at the box office than a no-name writer/director. It's not fair but it's life.

If it's a great idea, then you might not want to lead with it. You might want to get some other ideas made first to build a name. If you aren't successful, don't give up. Sometimes a great script has sat unmade for 12 years. Good luck with your efforts to market your script!

 

[ApeX]

***

ApeX, I'm no expert on trademarks, but you might consider forming a production company called IndieLife (or whatever), register it as an LLC, then have a logo created for it. You should be able to trademark that. Then your production company can own the project of the same name.

This ways it's very good to get the trademark right.
Actually it's not just about trademark only. How can I register/reserve a movie name I want to start making at a later time ?

Thanks.

 

[ApeX]

One of the best response.

Thank you so much for the time and inspiration.

You know I have this idea for almost 1.5 years. Once I thought of contacting Steve Jobs...... which never happened. Gone were the days dreaming under the blanket. Now I am into the biz. The problem is I just don't want to sell the script. I want to make something big/great which I see in the theater of my mind. I had no idea about film making concepts and the only stuff I knew about is great ideas/concepts. Now I will use all your care and suggestions in right way.

Many many thanks to all the good people in this thread.

If it's a great idea, then you might not want to lead with it. You might want to get some other ideas made first to build a name. If you aren't successful, don't give up. Sometimes a great script has sat unmade for 12 years. Good luck with your efforts to market your script!

 

[directorik]

What I want to know is..for eg. it's decided to make a movie with name "IndieLife".
Then I must have to register that. Because if someone else make a movie in due time then, I can't use this particular movie name gain. And to avoid this I need to register the name in case there were no movies with exact name previously. And that has to be done with MPAA.

You can register a title with the MPAA. That only means when
others are researching titles your title will be there. They can
still use the title because a title cannot be copyrighted.

Once a movie has been released there are some title protections.
For example; Lucas and 20th Century Fox registered the title
“Star Wars” in 1975. If someone had seen that title and used it
and released a movie called “Star Wars” in 1976, then there
would have been a lawsuit but they may have lost. It is likely
Fox would have lost. Today, you cannot use “Star Wars” as a
movie title because it would cause confusion in the market place.
But today, LucasFilm would win if another filmmaker wanted to
call their movie "Star Wars".

In another thread I was reading "The Asylum, producer of a low-budget rip-off called American Battleship, has agreed to change the name of the film to American Warships and alter its marketing and packaging in exchange for Universal dropping the lawsuit.

That is a different thing. The titles were different. Universal sued
Asylum because they felt a movie with a similar title would cause
confusion in the market place. The suit never went to trial. In order
to avoid a costly trial Asylum agreed to change the name. Asylum
may have won if they had gone to trial but that was a risk.

Go ahead and register your title with the MAAP. It will not protect your
title. However if another movie with the same title is reseased before
your film is released you have a basis to sue. If you have enough
money and lawyers you may win or force the other company to use
another title. Or you may lose.

Relax, if your title has never been used yet it is unlikely it will be used
soon. Better yet, write the script, make the film and you'll be the first
using that title.

 

[ApeX]

You can register a title with the MPAA. That only means when
others are researching titles your title will be there. They can
still use the title because a title cannot be copyrighted.

Relax, if your title has never been used yet it is unlikely it will be used
soon. Better yet, write the script, make the film and you'll be the first
using that title.

Ok. Is there anyway to register it online ?
Also is there any online resources/portal,where I can search and see for a particular title being registered/used or not yet.

Thanks a zillion.
Your replies mean and help a lot.

 

[brianluce]

I wouldn't mind buying your idea for 20 mil. But first-What is it?

I'll give you 25 million for it, sight unseen. I've made a lot of movies and have Bernie Lawson's cell number.

Dievanchuk doesn't have my connections.

 

[directorik]

Ok. Is there anyway to register it online ?
Also is there any online resources/portal,where I can search and see for a particular title being registered/used or not yet.

No.

At this stage you cannot register a title. When you have a “go”
project (money in the bank, cast and crew signed, shooting
dates set, distribution in place) you will contact the MPAA and
clear your title. If there are no other titles similar to yours already
registered you will be given a title registration number.

If you are shooting this film independently (no studio involved)
and do not have distribution in place you may not be able to register
your title. When you have that “go” project, call the MPAA. Until
then, take this off the table. Write your script. You still haven’t done
step one and you are concerned about the last three steps.

 

[ApeX]

Well, I have been only asking for high priced screenplays/franchises. But what about the others like

$5 million: Deja Vu by Terry Rossio and Bill Marsilii[1]

$4 million: The Long Kiss Goodnight by Shane Black

$3 million: Basic Instinct by Joe Eszterhas

$2.75 million: Mozart and the Whale (The Newports) by Ronald Bass. $2 million against $2,750,000.

$2.5 million: The Sixth Sense by M. Night Shyamalan and others

http://en.wikipedia.org/wiki/Screenwriter's_salary#Current_records.


Thanks,

If you are shooting this film independently (no studio involved)
and do not have distribution in place you may not be able to register
your title. When you have that “go” project, call the MPAA. Until
then, take this off the table. Write your script. You still haven’t done
step one and you are concerned about the last three steps.

I actually have no idea about film shooting or anything technical.
That's why I am asking so many questions about the budgets and other info of production/distribution company; so that I could set up my own company and engage some talents to turn my idea into reality. But now I am thinking to pause the main(big) idea and garner some profits making some good low budget movies/selling some great screenplays meanwhile building some reputation/distribution contacts/knowledge before going for the big fish. I hope we will meet soon.

I am working on the step one for several projects. Will complete soon.

Thanks a lot.