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Contract for Future Success
I have a friend who is pitching a TV series to an executive. I agreed to give him a super discount to make a quick 30 second intro for the pilot. We agreed on a dollar amount for it, but if the series gets picked up and explodes, the series has my name on it (because of my services), but then I’ve only got paid for the initial intro (because he has no idea if this is going anywhere). I’m not sure it will, but I’d like to receive some type of benefit if the series does in fact take off.
Should I write up a document that says, for example, that we must renegotiate the contract if the series is picked up, or should I bite the bullet and do all the contracting stuff for ALL circumstances before I even send him the finalized version?
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4 Replies
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Contract as early as possible – before starting ideally. Are you sure you do not already have a verbal contract – the discounted rate you agreed plus a credit in return for the work done? You need to negotiate with care and sensitivity. But leaving things until later rarely works well if there is something to share out.
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Sorry for the late reply. Yes, we have an electronic agreement for the discounted price, plus me being credited and retaining the right to use any portion of where my work appears for my own demo reels, etc.
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Forget it. Ask an attorney what it would cost you out-of-pocket to protect your interest and get it started, and you’ll see, it’s too expensive to enforce. I have not been in this situation myself but have known many, and have heard many horror stories, especially when dealing with Hollywood. I don’t see how you can protect yourself, might as well get your renumeration up front. Lawyers are very, very expensive!
I have been in the situation many times where I was promised, if I would do something for cheap (or free), that I would see rewards later, and they never came to fruition. The biz term is “deferred payment”. If you have a great concept, it will be stolen in the TV biz.
Just sayin
Ned Miller
Chicago Videographer
http://www.nedmiller.com -
I’m afraid Ned’s assessment is the more likely ending to the story. There is no guarantee you’re gonna be picked to direct this show if it goes to production. That’s the Executive Producer’s call, and the network’s call. The best you’re going to get is probably an ongoing screen credit, as one of the originators, but no real money. If you want to make continuous profit off the idea, you have to either bankroll the thing yourself as Producer or Executive producer, or become a/the Writer, and get residuals from the writing. You wanna get rich quick, buy a lotto ticket. The odds are better.
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