15 Business Tips for Starting Screenwriters

The text in bold was written by a writer who is currently in negotiations on a television series with ShowTime. These are her suggestions for writers new to the business. The text in red are my responses. All of my experience is in the film industry. Like most anything in the business, there are no clear right/wrong answers. What are your responses? eMail me with your ideas/experiences on the business of selling television and film scripts.

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First off, I completely agree that even if you don't think you'll get something, ask for it anyway. You never know if you'll luck out, plus at least now you'll have something more to negotiate with.

1. Ask for a clause in your contract that says you cannot be rewritten. Period. If for any reason you should wish/agree to leave the project, ask for final approval on any additional writer(s)/draft(s)

I do believe TV is different, but in film this is completely unrealistic unless you are in the very top 2 or 3% of H'wood writers (maybe the Cohen brothers, or Paddy Chayefsky, who won three screenwriting Oscars before he died.). Then there's those who are committed writer-directors of the production like PT Anderson or Richard Linklater - and Linklater would still only get that if it was a small budget. Finally, having a relationship with a studio (like Kevin Smith and Quentin Taratino with Miramax) would help. Lastly, you may be able to retain full control of the script if you have somehow gotten the loyalty of a star who wants to be in the picture, and will make some noise if you're fired. It helps if that star has their own production company with a studio deal (like Pixar's production company has a deal with Disney and Julia Roberts (Shoelace Productions) is linked with Sony/Columbia). Almost all screenplays that come in are immediately assigned to other writers. Especially for new writers, the process of a studio is 1: purchase screenplay. Step 2: fire the writer.

2. Ask for a clause that states if you get fired, you will be paid an additional fee.

Good one. Also (maybe this is mentioned later) there is a clause called "pay or play." You'll know a writer has this clause, which is very common, if you hear that the writer is, "getting $100,000 against $250,000." This means the writer is getting $100,000 for sure even if the studio just decides to shelve the project, but if it actually gets made the writer gets the full $250,000. As a newbie to this world it's out of reach but if you end up with a few sold scripts under your belt, it's not unheard of to request (percentage) points on the gross profit.

3. Ask for a clause granting you director approval.

Again, even if you're considered an A-List writer, you probably won't get this. At best (and I think this is pretty damn good) you can request to have a say in the matter.

4. Ask for a clause that states the rights to your script revert back to you if they don't go into production within a specified amount of time (this is a MUST for any contract)

This is a good one except if there's competition for a script and you want the money right away. Although deplorable, sometimes it's good business for a studio to purchase a script with the intent of never making it just so their competition can't make it either. If you can afford it, try to avoid this (though it is common). Otherwise you will still get immediate money if they shelve it. Good advise when selling your first film script, which I got from other established film writers, is to not try to sell your favorite script (the one closest to your heart) first. Instead go out with something else and "try to sell it like a black market baby." This gets you the money and now you've proven that your scripts sell.

5. Ask to meet with all potential producers prior to the sale of your spec or commencement of negotiations. This way, you get to choose who's attached to your script.

This is something you should be doing ahead of time anyway. Especially as an unknown you're not going to get very far unless you have some talent and/or funding attached. You can even do this from here [the Midwest]. There was a Jeremy Piven movie ('Just Write") that was funded by a group of dentists in Milwaukee. When trying to talk to talent do everything in your power to got directly to them and not their manager or agent.

6. Ask for a guarantee that there will never be a possessory credit in your movie (unless you're also the director).

That works.

7. Ask for a clause that guarantees you two first-class, round-trip tickets to the set of your movie and accommodations for as long as you want to be there. In addition, ask for guarantees of tickets and transportation to all festivals, premieres and awards shows.

It's stuff like this why studios are more likely to call back a 323, 310, or 818 number than something fro out of town. However, this is a very reasonable request. Also FYI: thanks to a somewhat recent victory by SAG, the writer is allowed on set whenever they wish. It wasn't always that way.

8. Ask for a clause that states you must be included in all media publicity kits and have the option to attend every press junket involving your film. Additionally, ask for a clause granting you the right to do your own publicity.

This is definitely something to push for - if they're really into your script, it's likely they wouldn't refuse this at all. However, I'm not exactly sure what doing your own publicity is referring to. If it simply promoting yourself, I'm sure that would go by fine, however if it means taking it upon yourself to promote the movie, they might not want that especially if they already have a large marketing firm doing that job.

9. Ask for a clause which grants you pension and health contributions on spec sales or options.

Becoming a member of SAG covers this on a point basis....if you get a certain amount of points within a certain time span you get health coverage. If you earn a certain number of points total you will have life long health insurance.

10. Ask for a clause that states the studio must pay you more money "plus interest" if they're late on any of their payments in your guaranteed pay schedule.

That's a very fair stipulation that more people should ask for since even some big studios take their time signing the check.

11. Protect your authorship. In all matters of copyright (incl.,work-for-hire) list yourself as the author (in some instances, they will negotiate a higher fee for not listing you as the author. You have to decide in that case which is more important to you - money or a screen credit).

The last line pretty much sums it up.

12. Retain your separation rights, enabling you to protect your future profits in other mediums (ie, script publishing, TV spin-off, book spin-off, etc). In addition, ask for a clause which retains the first right of refusals for any and all sequels.

YES completely important, and actually pretty common. Even if you don't get approached for a sequel to your script you will still get a 'story by' credit and money. This is because they're using your characters and maybe even locations you created. This could be a pretty sweet deal especially if you're already doing other work, because now you're not doing any additional work, and you're getting paid more. It's almost like you're charging a licensing fee for use of your character (the same way AOL/TW is getting money from Premiere Parks because Six Flags is still using the Looney Toons characters).

13. Ask for a percentage of merchandising based on any or all characters you create (ie, dolls, theme parks, games, etc)

Whoa, it's like I saw the future in my last response. I agree.

14. Ask for a clause granting you gross points on your film and additionally, all video sales.

Yep, covered this one in #2.

15. Seek new representation if your representatives refuse to ask or negotiate for any of these things on your behalf.

Yes, never forget - THEY are working for YOU.