Rights for sequels - can a screenwriter continue his own story?

[Inarius]

When I sell a script to a producer, I sell the rights to change it, to hire people to write sequels to it. But do I have the rights to write the sequel myself? I mean, if I sell the script, I lose it entirely? This is no longer my creation? I can't expand it? Or it goes like, - "you got the money? screw off!"

 

[Zensteve]

When I sell a script to a producer, I sell the rights to change it, to hire people to write sequels to it. But do I have the rights to write the sequel myself? I mean, if I sell the script, I lose it entirely? This is no longer my creation? I can't expand it? Or it goes like, - "you got the money? screw off!"

That would depend on what you negotiated and agreed to, when you sold that supposed script.

 

[Inarius]

That would depend on what you negotiated and agreed to, when you sold that supposed script.

I saw how these contracts look like. There is a paragraph that says the producer gets the rights. There is nothing about the rights the Screenwriter keeps.

Of course, there can be different agreements, new paragraphs in the contracts, but these privilegies are for known screenwriters. I'm interested in the basic, official rules.

 

[Zensteve]

I saw how these contracts look like. There is a paragraph that says the producer gets the rights. There is nothing about the rights the Screenwriter keeps.

Of course, there can be different agreements, new paragraphs in the contracts, but these privilegies are for known screenwriters. I'm interested in the basic, official rules.

"Don't ask? Don't get."

I believe that's as basic (and world-tested enough) to count for something.

Good luck.

.

 

[AudioPostExpert]

I'm interested in the basic, official rules.

There are no "basic, official rules", as ZenSteve says, it all depends on the negotiated terms of the contract. Is the contract a rights buyout or is it an exclusive licence? If it's a complete rights buyout then you have no ownership claims and therefore no more right to write a sequel than anyone else, unless there are clauses in the buyout which state otherwise.

While there may well be a basic type of "standard contract", you need to think of it more like a template or starting point rather than in terms of it being the finished contract which pretty much everyone signs.

G

 

[Inarius]

I'm asking it, because I want to sell a screenplay, which I intend to write a sequel to it. If I don't keep the rights to write a sequel, then maybe I should leave it to better times, when I become a screenwriter with a portfolio of sold scripts, and have the privilege to bargain and demand without hearing, - "Take it my way or go home".

 

[Birdman]

I'm asking it, because I want to sell a screenplay, which I intend to write a sequel to it. If I don't keep the rights to write a sequel, then maybe I should leave it to better times, when I become a screenwriter with a portfolio of sold scripts, and have the privilege to bargain and demand without hearing, - "Take it my way or go home".

...First off , I admire your chutzpah in being concerned about how to sell your sequel as most here are hoping for a sale ...period!

As the multitudes of posters here will tell you, "you have a better chance at winning the lottery than getting a script sold". Whether or not you believe that is up to you. But I'm going to challenge your own chutzpah with a question:

If a producer tosses down $100,000 for your original script and the terms are that you surrender all rights to it ...are you going to capitulate?

Just remember ...someone is offering you a large sum of $$$ for a bunch of words you keyed in on your laptop. Once the money starts getting tossed around I think you'll find your sequels to be a lot less important.

-Birdman

 

[Sweetie]

There is a paragraph that says the producer gets the rights. There is nothing about the rights the Screenwriter keeps.

There are lots of rights that can be sold. If you sign a contract that lists the rights the producer is getting, you retain all other rights.

It's all a negotiation. Being the writer, there's a chance they'll come back to you to write a sequel if it does well. Unless of course they re-wrote what you gave them.

Put it another way, would you turn down the deal if they didn't allow you to keep those rights? What are those rights worth to you?

 

[Inarius]

Well, of course if I see my first 100,000$ for my first script sold, I won't be like, - "Ok guys, I turn it down if you don't follow my conditions". Because I don't get daily requests for my script.

But what if the producer doesn't want to make sequels, but he still holds the rights to the franchise? So the story idea (the franchise) simply dies, because I want to write a sequel, but have no rights, and the producer has the rights, but doesn't want to. And of course, I lose an opportunity to earn more money.

The only two solution I see, are:
Sell a few scripts to become a known writer, and be able to say "no" to producers, who don't follow my conditions
Somehow become a producer and hire people to do what I want

Am I missing something?

 

[victortiti89]

I also have some ideas for sequels to a few of my screenplays, but I won't write them.. I've read on the internet that you can choose to write a sequel(assuming your script is bought and made) if you want, for an additional sum of money. I think it's far less than for the script itself. I've also read that, if you don't want to write a sequel, but someone else does, you're still going to get some money simply because of that! The sum you'd receive if someone else writes the sequel is far less than if you write it yourself! PS: I just remembered reading this some time ago, I might be wrong, though!..

 

[Inarius]

I also have some ideas for sequels to a few of my screenplays, but I won't write them.. I've read on the internet that you can choose to write a sequel(assuming your script is bought and made) if you want, for an additional sum of money. I think it's far less than for the script itself. I've also read that, if you don't want to write a sequel, but someone else does, you're still going to get some money simply because of that! The sum you'd receive if someone else writes the sequel is far less than if you write it yourself! PS: I just remembered reading this some time ago, I might be wrong, though!..

So, basically, I still CAN write and sell a sequel, even if the producer doesn't want to continue the franchise?

 

[Sweetie]

Sure you can write it.

If the producer holds the rights to (I think it's called) derivative works, then you can pretty much only sell it to that producer, as you won't have the rights to be able to sell that script without the producer allowing it (which is likely to cost money).

But what if the producer doesn't want to make sequels, but he still holds the rights to the franchise?

It usually means that they do not believe they will find financing for it. No producer is going to refuse to make money, unless they can make more money elsewhere. If so, they may be willing to allow it to happen for a piece of the pie (budget & points) or just a lump sum of cash.

Sell a few scripts to become a known writer, and be able to say "no" to producers, who don't follow my conditions
Somehow become a producer and hire people to do what I want

Am I missing something?

You are and you aren't missing something. There are multiple routes you can travel. If you build up enough power to be able to dictate that, then you're golden. You need to ask yourself, how many authors out there that would have that power? More than 10 world wide? More than 50?

If you build up a brand, then it'd make very little sense to hold on to the rights.

Think of it like this. The big money comes from the studios. They have it in their power to pay you 7 figures for your script. It's an exception to the rule for them to allow you to hold any rights, except the right to get paid. Your unproven property is a big risk to them. They have to spend 8 or 9 figures. Their reward is the sequels if it goes well. Removing the upside removes a lot of the reason to buy your script in the first place.

Independent filmmakers don't get that much to spend on the writers (comparatively) so there may be a lot more wriggle room. So you hold on to your sequel rights and get paid low 6 figures (or even high 5 figures). What are those sequel rights worth to you? Holding on to those rights may exclude you from some options.

I think you're concentrating on the wrong thing. Get writing. Learn to write well. Learn to write stuff that will find distribution and attract the right talent. Get earning. Once you're earning, start worrying about milking more out of the industry later. It's akin to worrying about racing formula 1 cars before you even know how to drive.

Read a few books about producing, film financing and options (specifically to filmmaking). It'll make a lot more sense to you.

 

[mlesemann]

Again, it all depends on what's in the contract.

Several years ago I contacted an author whose book I liked, and asked about writing a screenplay adaptation. She told me that Studio XYZ had bought the rights years earlier but never actually produced the movie. To her frustration, the contract had also included the rights to the characters in the book. So even though she had written book sequels (and she owned those rights) she couldn't sell movie rights to the sequels to anyone but Studio XYZ. At the time of the original sale, the money was significant enough to her that it was worth doing.

 

[directorik]

But what if the producer doesn't want to make sequels, but he still holds the rights to the franchise? So the story idea (the franchise) simply dies, because I want to write a sequel, but have no rights, and the producer has the rights, but doesn't want to.

If the contract states the producer owns all sequel rights and chooses
not to exercise those rights they still own the rights. You cannot write
and sell a sequel.

What you can do is offer to buy the rights to the sequels.

 

[Inarius]

What you can do is offer to buy the rights to the sequels.

Which usually cost as a script costs? Or millions of dollars?

 

[victortiti89]

So, basically, I still CAN write and sell a sequel, even if the producer doesn't want to continue the franchise?

No. I think it depends of several factors:
1)The screenplay must be made into a movie, or else nobody knows how well will it do at the box office!
2) The movie must do extremely well when released. It must have such high revenues and become so well-known an well-liked by the audience, that the producers/studios might wonder if they can capitalize on this success and take the story even further by adding a sequel.
3)The screenplay's story must be built in such a way that it allows sequels. For instance, it's hard to impossible for " Titanic" to have a sequel. On the other hand, James Bond movies and " Die Hard" can allow a theoretically infinite number of sequels. In practice, there have been multiple sequels related to them, but the audience may eventually become bored of the core story + sequels themselves...

 

[directorik]

No. I think it depends of several factors:
1)The screenplay must be made into a movie, or else nobody knows how well will it do at the box office!
2) The movie must do extremely well when released. It must have such high revenues and become so well-known an well-liked by the audience, that the producers/studios might wonder if they can capitalize on this success and take the story even further by adding a sequel.
3)The screenplay's story must be built in such a way that it allows sequels. For instance, it's hard to impossible for " Titanic" to have a sequel. On the other hand, James Bond movies and " Die Hard" can allow a theoretically infinite number of sequels. In practice, there have been multiple sequels related to them, but the audience may eventually become bored of the core story + sequels themselves...

I'm sorry, Victor but you are incorrect on all three points.

If the contract gives the sequel rights to the producer the producer
owns the sequel rights regardless of your three points here. The
writer does not have the rights to write and sell a sequel.

 

[ahennessey]

Again, it all depends on what's in the contract.
To her frustration, the contract had also included the rights to the characters in the book. So even though she had written book sequels (and she owned those rights) she couldn't sell movie rights to the sequels to anyone but Studio XYZ. At the time of the original sale, the money was significant enough to her that it was worth doing.

Mara brings up an excellent point actually. I know two book authors who have the same situation. They continue to write books with their characters, but movie or TV options for those characters are tied up with producers who purchased those rights from them a few years ago.

This brings me to this point. If you have a story that you are burning to tell, and you think the story is something that will take more than one movie, then you might consider writing a novel and even self publishing it. I have a friend who did something like this. He had a screenplay that placed in a few small contests, but never actually generated enough heat to get repped or bought or even optioned or anything like that. But he really liked the story and he eventually wrote it as novel and got it published by a small publisher. He is now in the process of writing a sequel to that story. The irony is that he has actually had a few people approach him about making the novel into a movie. He said it is great to be able to say, "not only am I interested, but I actually have a completed screenplay for it."

 

[victortiti89]

I'm sorry, Victor but you are incorrect on all three points.

If the contract gives the sequel rights to the producer the producer
owns the sequel rights regardless of your three points here. The
writer does not have the rights to write and sell a sequel.

Thank you for this reply! This cleared up many things for me and others who read this! I'm sorry that I was wrong on this..

 

[Inarius]

I thought about writing a novel, but then chose to write a screenplay. The first reason is that people watch movies more than read books. Secondly, writing a screenplay doesn't require a high level of literature. The final reason is the money. Money IS important. Screenwriting usually promises more income. And, of course, publishing novel is not easier than selling a screenplay.

But now I think I really should reconsider my choice.