What Spec MeansComplications Ensue
Complications Ensue:
The Crafty Screenwriting, TV and Game Writing Blog




Archives

April 2004

May 2004

June 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

February 2005

March 2005

April 2005

May 2005

June 2005

July 2005

August 2005

September 2005

October 2005

November 2005

December 2005

January 2006

February 2006

March 2006

April 2006

May 2006

June 2006

July 2006

August 2006

September 2006

October 2006

November 2006

December 2006

January 2007

February 2007

March 2007

April 2007

May 2007

June 2007

July 2007

August 2007

September 2007

October 2007

November 2007

December 2007

January 2008

February 2008

March 2008

April 2008

May 2008

June 2008

July 2008

August 2008

September 2008

October 2008

November 2008

December 2008

January 2009

February 2009

March 2009

April 2009

May 2009

June 2009

July 2009

August 2009

September 2009

October 2009

November 2009

December 2009

January 2010

February 2010

March 2010

April 2010

May 2010

June 2010

July 2010

August 2010

September 2010

October 2010

November 2010

December 2010

January 2011

February 2011

March 2011

April 2011

May 2011

June 2011

July 2011

August 2011

September 2011

October 2011

November 2011

December 2011

January 2012

February 2012

March 2012

April 2012

May 2012

June 2012

July 2012

August 2012

September 2012

October 2012

November 2012

December 2012

January 2013

February 2013

March 2013

April 2013

May 2013

June 2013

July 2013

August 2013

September 2013

October 2013

November 2013

December 2013

January 2014

February 2014

March 2014

April 2014

May 2014

June 2014

July 2014

August 2014

September 2014

October 2014

November 2014

December 2014

January 2015

February 2015

March 2015

April 2015

May 2015

June 2015

August 2015

September 2015

October 2015

November 2015

December 2015

January 2016

February 2016

March 2016

April 2016

May 2016

June 2016

July 2016

August 2016

September 2016

October 2016

November 2016

December 2016

January 2017

February 2017

March 2017

May 2017

June 2017

July 2017

August 2017

September 2017

October 2017

November 2017

December 2017

January 2018

March 2018

April 2018

June 2018

July 2018

October 2018

November 2018

December 2018

January 2019

February 2019

November 2019

February 2020

March 2020

April 2020

May 2020

August 2020

September 2020

October 2020

December 2020

January 2021

February 2021

March 2021

May 2021

June 2021

November 2021

December 2021

January 2022

February 2022

August 2022

September 2022

November 2022

February 2023

March 2023

April 2023

May 2023

July 2023

September 2023

November 2023

January 2024

February 2024

 

Sunday, March 09, 2008

Q. HI there, I was asked to write a spec pilot for a TV series. How much of a percentage should I ask if the pilot gets bought? should i ask for an upfront pay? how much would that be?
This is not a "spec pilot" situation. A "spec pilot" is a pilot for your own series that you write on your own, hoping to sell it. You own it 100%. Once someone wants to buy it, any agent in the world will be happy to negotiate your deal.

What you are being asked to do is write a pilot on spec, which is an entirely different thing, and it is forbidden under the WGA and WGC rules. There will be no upfront payment; that's what "on spec" means. A WGA or WGC signatory producer is not allowed to ask for you to do any writing on spec, so I assume you are not dealing with a signatory producer.

Let's suppose you're a newbie writer and this is a big break for you; otherwise, don't do it.

The odds are the pilot will not get bought. But if it does, then you would normally be entitled to a great deal: "Created By" credit and a per-episode royalty; a guaranteed staff position with a guaranteed number of scripts per season; a big hunk of cash for purchase of rights; and, of course, the Guild minimum for a pilot (150% of payment for a regularly episode). Also, the right to write any MOW or feature based on the series, and passive payments if you don't write same. (Agents know all this stuff.)

What the producer will try to do is get you to do the heavy lifting, in exchange for a small payoff if he sells the series. Don't do it. The odds are terrible of anything happening, especially on a project that a producer is unwilling to pay money for. If something does happen, you need to make out like a bandit in order to make up for the long odds. That's why you don't want to negotiate your terms now. You're not getting paid anything, so there's no reason for you to negotiate your back end now. Negotiate your back end when you're in a strong negotiating position, when there's a network that wants to buy and you're the only one they can buy it from.

Mmy point of view is that you are contributing a few months of your time and the producer is contributing a "napkin idea" and some notes. So you should own the results, not him. The producer must assign his idea to you, in return for a limited-period option during which only he can set up your project. Should the producer set up the project, your agent will negotiate your compensation then, when it's actually worth something; not now. If the producer hasn't come to you with a bona fide offer within 18 months, say, then the project reverts entirely to you and you own it outright. Only fair.

I don't think you should negotiate terms up front. But if your producer insists and you still want to work with him, then I would insist on the following:

a. Upon producer assigning his rights to the project to any third party, your pilot script has to be bought under a WGA deal. I.e. your deal becomes WGA upon the producer setting up the project with a studio or network.
b. You have the right of first refusal to write at least the first two scripts ordered after the pilot, up to first draft.
c. Should the series be produced, you get a CREATED BY credit, which can be shared with any other writers getting credit on the pilot according to WGA arbitration.
d. Should the series be produced, you get a per episode royalty of, let's say, $5,000 per episode, for the life of the series.
e. Should the series be produced, you must be hired as a story editor for at least the duration of the first season, at WGA scale for a story editor. (I think it's about $6,000 per week.) You are guaranteed at least 2 scripts per season, above and beyond any scripts written during the development period.
f. Should the series be produced, you receive $25,000 in cash on the first day of principal photography, in exchange for the series rights.
g. Whether the series is produced or not, you have the right of first refusal to write the first feature or MOW based substantially on the pilot, at WGA scale.

Note that these terms are (a) unrealistically low for a professional writer writing a pilot for money, and (b) much more than your producer probably dreams of paying. But screw him. He's not paying you anything to write it, so he shouldn't complain that you'll get paid fairly -- by the studio, not even by him -- if by some miracle the pilot gets picked up.

Labels: , , ,

1 Comments:

thanks man, appreciate your input.

By Blogger JL, at 5:47 PM  

Post a Comment

Back to Complications Ensue main blog page.



This page is powered by Blogger.