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The value of any deal made when selling a project to the
film or television industry is influenced by a variety of
factors, such as; the experience or credits the writer has, the
project/property itself, the company optioning the project, and
a myriad of other influences that will determine the potential
financial participation you would have. That said, there are
standards and basic expectations that any person should have
when selling their project to another company.
Below you will find different categories of projects, as
each have their own value and potential as a property sold to be
produced. Any deal should be negotiated and scrutinized by an
entertainment Attorney who will protect your interests, and
position you for the greatest financial gain possible.
What is an Option Deal?
The first "sale" of a project is an Option Deal, in which
a Production Company "options" the project (script, concept,
book, story, or other property) from the Writer, securing
exclusive rights to sell and produce the project during a
limited time period. The Writer is given token money as a down
payment toward larger fees they would receive at the time of
selling it to a Network or Studio. When the production company
sells it to a Network or Studio, they are essentially optioning
it to the Studio, and the Studio then works to develop and
produce the project for airing or distribution. If the
production company does not receive a bona-fide offer from a
Network or Studio within the period of their option agreement
with the writer, then the rights to the project revert back to
the Writer.
In any option deal it is standard to expect and negotiate
for the following:
Limited Term: Television
option deals are usually 1 year, while Feature Film projects may
be as long as 2 years because of the time needed for further
development, packaging and securing a deal with a studio that
may also involve raising money. Film is a much more complicated
and longer process.
Reversion: If a production
company does not sell your project to a studio or distributor
within the timeframe of your option deal, then ownership of the
project reverts back to you.
Option Money: This is an area
of least importance, as it is usually token money, and not as
valuable as having the opportunity for a production company to
package and sale your project to a studio or network.
Regardless, it is standard to receive anywhere from $500 to
$5000 in upfront option money, depending on what the project is.
Many writers will agree to a "free option", taking no money up
front, and focusing all of their negotiations on their credit,
purchase price, and profit participation (points).
Set-Up Bonus / Purchase Price:
When the production company sells the project to a Network or
Studio they are exercising the option, and the rights to the
project are transferred to the new third party. At this point,
it is standard to have in place a "purchase price" or "Set-Up
Bonus" to be paid to you, the writer, by the Network or Studio.
These fees are significantly larger, but do vary greatly. This
may be $20,000.00 and upwards of $100,000.00 to a half million,
depending again on the project and person involved.
Credit & Fees: It is standard
for any writer or creator to receive an on-screen credit. For
new writers this may be, "Story by", "Written by", "Screenplay
by", "Consulting Producer", "Co-Producer", or other negotiated
credit. Credits are typically contingent on approval by the
Network or Studio. In television, fees are paid per episode that
are applicable to specific credits.
Net Profit Participation (Points):
This is where significant and extraordinary sums of revenue can
be made when a television show or movie become a hit. The
percentage of profit participation you would receive is locked
in and tied to all of the licensing fees the production company
receives from production and distribution, and any and all
ancillary revenue (new media, products, etc.). Don't let the
"Net" scare you. Very rarely does a writer or creator receive
"gross" points. When negotiating a percentage of the profit, if
only Net is offered, your attorney may ask for the company's
definition of net profits and a right to audit. This would
ensure that only specific deductions can be made against the
gross revenue that would be disclosed to your attorney.
A Production Company's licensing and production fees are
usually a percentage of the overall budget. Your
percentage of participation is a percentage of the Production
Company's licensing and production fees. You can typically
negotiate a participation of 2-5% Net.
Optioning Screenplays:
Term: 1 - 2 Years
Option Money: $1,000 to $5,000
Purchase Price: $50,000 to $1,000,000.00
Profit Participation: 1-5%
Optioning Movie Ideas:
Term: 1 Year
Option Money: $500 to $3,000
Purchase Price: $50,000 to $250,000.00
Profit Participation: 1-5%
Optioning Life Story
Rights:
Term: 1 - 2 Years
Option Money: $2,500 to $10,000+
Purchase Price: $50,000 to $500,000.00+
Profit Participation: 1-5%
Optioning TV Formats:
Term: 1 Year
Option Money: $500 to $5,000
Purchase Price: $20,000 to $50,000.00+
Credit/Fee: $2,000 to $5,000 per episode
(varied by outlet & budget)
Profit Participation: 1-5%
Optioning Book Subsidiary
Rights:
Term: 1 - 2 Years
Option Money: $2000 to $5,000+
Purchase Price: $20,000 to $1,000,000.00+
Profit Participation: 1-5%
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