Hi Treschic Film Studios and others interested.
The trick is to find a great screenplay by an unknown writer! Then you can use the WGA small budget contract explained herein.
Selling Your Screenplay
When the Budget's Way-Low
Theatrical screenwriters realize the lower a film's budget, the greater the likelihood for producers, or even your own agent or attorney, to say things like "with a budget this low, we just can't do this film through the Writers Guild." Let's face facts--no one is really shocked anymore when the words "low budget" and the more ethereal term "independent" are used to short-change talent. But what is your response? Are WGA deals really more daunting than non-Guild deals?
Signing a Guild Low Budget Agreement (offered for theatrical films budgeted under $1.2 million) does mean companies have to fill out signatory documents; if they didn't, we wouldn't be able to enforce what you've come to expect, including minimums, credits and residuals protections, or offer Pension and Health coverage. We understand first-time producers may be intimidated by paperwork, so the Guild's Independent Program not only explains how the Low Budget Agreement works, but shepherds companies new to the process through it. By the way, we find it interesting that often when actors are hired, many companies, out of necessity, find a way to become signatory to SAG to secure onscreen talent. Let's be clear; we are completely supportive of our actor friends. But lest anyone forget--no script, no actors!
Essentially, we feel (and hope you agree) that no budget is so low that you should sacrifice Writers Guild protections and benefits. That is why, a little over two years ago, the Guild began offering the Low Budget Agreement to both WGA members and non-members. As word about the agreement has spread, our signup rate for the past year has tripled from its first year. Several dozen writers have used the agreement with nearly all of their films being produced and a healthy percentage getting distribution. Further, emerging non-member filmmakers who used this agreement were able to join the WGA.
WGAw screenwriter/director Rodrigo Garcia (Things You Can Tell Just By Looking at Her) just wrapped production on his first Low Budget Agreement feature, Nine Lives. Says Garcia, "I wrote the script knowing it would be a small budget film. The piece has an unconventional structure and I thought it would be too risky to spend too much money on it, even if I could get it. So from the get-go I knew I would produce it under the WGA's Low Budget Agreement. I thought I could do it for about $300,000. It's grown a bit since, but it's still low enough to be covered by the agreement and it's really the ideal way to make this kind of film. This way or bust, since I didn't want to do it outside the Guild."
Here is a summary of how the Low Budget Agreement works: If you've written a screenplay and a producer is interested in buying and producing it, you may agree to defer all or part of your compensation. For films with $500,000 and below budgets, up to the entire purchase price, the first rewrite and the publication fee may be deferred. If the film is budgeted between $500,000 and $1.2 million, $10,000 of the purchase price is paid when filming commences, the rewrite may be completely deferred, and the publication fee is paid after credits are determined. We encourage writers and their representatives to negotiate over-scale deals and as much of an upfront payment as possible, and remind them that, at the least, Guild minimums stay in effect.
As of this writing, an original screenplay purchase minimum is $34,740, a non-original screenplay sells at $28,271, a rewrite is $16,965, and the publication fee is $5,000. The company may defer the remaining portion of money due until receipt of first revenue after production costs are recouped or commencement of commercial distribution, whichever is earlier. If you are a gross profit participant, you may be able to defer monies until profits start being paid. There are also enhanced creative rights provisions.
To get the full scoop, download the Low Budget Agreement Fact Sheet from our WGA.org site (search under "Low Budget Agreement").
Despite this agreement, we regularly hear anecdotes about under-the-table and pseudonym deals within this budget range--so if you have a completed screenplay on the market and hear a Guild deal "just isn't possible," call us; perhaps we can help. Also, please make sure your representatives are aware this agreement exists. Remember, "independent" and "low budget" can be uttered in the same sentence as "benefits and protections."
For more information, contact the WGAw's Independent Film Program at (323) 782-4731 or go to WGA.org.
--Kay
Satire