Legal Question in Entertainment Law in California

Re: Professional/Legal Approach with Producers and Managers

Honestly,

You should get an attorney or agent to help you with this. Don't go it alone. You should be able to find an attorney who will do it on contingency for you (no upfront costs). Of course, we would be happy to help you over here.

Best of luck and congratulations!!!

Jillian

Re: Professional/Legal Approach with Producers and Managers

Congratulations - I was a creative writing major as an undergraduate and am envious of what you have accomplished.

I agree with the earlier answer, that this is something you should have an agent or attorney to assist you with. Not only for the negotiations but for the contracts that will eventually be signed.

If you decide to do this by yourself, I would first try to get firm offers from each interested party and then you will have a basis for comparison. Then you can use the offers as leverage against each other.

An attorney would do this work for a small percentage of the proceeds without any up front costs to you. I would be happy to help if you are interested.

Congratulations again and good luck.

Re: Professional/Legal Approach with Producers and Managers

Get an agent.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Professional/Legal Approach with Producers and Managers

There's nothing wrong with letting them know there's other interest, but be careful about sharing specifics. Some players won't bid in an "auction" environment.

Best practice is to say "I'm entertaining offers", and let them may the first proposal. Then, you can evaluate and compare offers and give the lower bidders a chance to match/better the higher offers, etc.

I agree with my esteemed colleagues that the help of an experienced attorney and/or a literary agent is invaluable. Since a sale is imminent, you probably don't need an agent for this deal. An attorney can probably handle it for you.

I've done many of these kinds of deals, give me a call if you'd like to discuss represention.

Re: Professional/Legal Approach with Producers and Managers

In order to know what your script is worth you need someone who deals with scripts regularly and is up to date with the market for them.

An agent would be best to handle the sale of your script. However you need to be careful who you use. Agents in CA need to be properly registered with the State.

Some attorneys will assist you, but most are not agents they prepare and negotiate agreements they do not market scripts.

From a negotiation point of view, you do not tell the production companies about the literary agent groups. You can tell the literary agent groups that you have interest from several groups as well as production companies but do not give names.

If you want to discuss the matter without obligation, please feel free to conact me.

Re: Professional/Legal Approach with Producers and Managers

I have represented clients in similar situations, and would be happy to speak with you.

Several of the other responders don't seem to realize that the literary management agencies you speak of ARE agents, and you obviously are already pursuing that route. (And, one of the undertones to your question is whether you need an agent at this point.)

Generally, it can be useful to let people know that others are interested without being too specific. This encourages them to move more quickly toward making a firm offer. What I recommend to my clients is that they evaluate the companies and determine which they like best, pursue that company first, then take the others in turn. You do want to have alternatives, but once a deal is on the table, it is considered unprofessional to negotiate with more than one potential buyer at a time.

One advantage that a good agent or entertainment attorney brings is the ability to assess the true value of your work in the marketplace and know which company would do the best job with your particular script.

Of course, agents are not attorneys and can not give legal advice. You should have a good attorney with experience in motion pictures looking over your paperwork before it is signed.

Feel free to give me a call or e-mail me if you'd like my help.