Q&A: Screenwriting process and how it works?

Question by Trick C: Screenwriting process and how it works?
I just would like to know what the process of script selling really is. When your screenplay does get recognized by an agency, how do they value it?(how much they pay) and after you sell it does that mean that you no longer have rights to it? If your screenplay becomes a movie do the credits for writing go to you or to the agency? And also how safe is your script once you’ve registered it on WGA(Writer’s Guild of America)?

My Question only refers to those who actually had sold any of their screenplays. Irrelevant answers and innapropriate jokes will be reported. Thank You.
What’s the name of your company and location? Would you recommend CAA as an option?

Best answer:

Answer by Slap
FYI: A good reference on this is “Breakfast with Sharks”

But to cover your basic questions, read along.

When your screenplay is recognized by an agency, you simply get signed with that respective agency. You make no money, and neither do they. However, most agencies will only sign you if they believe they can sell your material, and not just sell it, but sell it fast. Sometimes this works out, sometimes not. It’s all a gamble.

But the agent’s whole objective is to get a production company to pay big money for your script. They can do this in a number of ways, but if you are writing on spec (original material that you wrote that was not previously purchased or assigned) they will usually try and package the material (get known actors or directors attached) before they send it off to a production company. So if that agent happens to represent Brad Pitt, and if he thinks Pitt would like your script, he will send it off to him and try and get him attached to it. If he likes it and wants to be in it, then he (your agent) has more power when he approaches a production company to pitch your script to them. Obviously this is a dream case, but you get the idea.

If your agent does not get talent attached, then he simply shops the script around to production companies that would probably have interest in your material. For example, if you write a war flick, your agent is not going to take it to Dimension Films (who usually produces horror or spoof comedy), but may try Icon or Newmarket because they have a track record for producing war flicks.

So that is the agent side. As a screenwriter trying to break in, you have the ability to query agents, managers, and production companies alike. The prodco side is usually tougher, since most only accept material through agents/managers/lawyers, but you can still take that gamble (a prodco loving my script is how i broke in, THEN i got the agent and manager before the sale). If you query to a prodco, keep in mind that big name companies are not even going to blink at you for legal reasons.

So how much do these people pay? Independent producers usually do not pay near six figures, simply because they cannot afford it and your film will likely only last two weeks in a handful of theaters and then go straight to DVD. A good reference on who you need to target, and really the industry standard, is the Hollywood Creative Directory and the Hollywood Representation Directory. These are basically the phone books for Hollywood, with names, numbers, emails, and more.

Now if you get a fairly reputable, or BIG name prodco interested in your script, you are looking at probably a six figure deal. A common mistake new writers make is they think that if they sell the script, its going to get made. NO. This is not the case AT ALL!!! This answers another question of yours regarding the rights. When you sell the script, you kiss your rights on the material goodbye. This means the prodco can hire another writer to come in, re-write your script, and you have no say. But that is usually if your writing is sub-par but the concept is great. So a more common circumstance is that you sell the script, are scheduled for a specific number of re-writes, and after that you are done. The director takes it from there and you MIGHT get a few more re-writes in, but doubtful. The even MORE COMMON SCENARIO is that the script is bought, you get paid, but the script is caught in development hell for years, and then finally is never made, but the rights still belong to the prodco. AND THE EVEN MORE COMMON AND MOST LIKELY SCENARIO is that you OPTION your script.

When you “option” you are essentially letting the producer rent your screenplay. This is usually for an amount above $ 100, but below $ 50,000, depending on the strength of your material. It could be higher, but doubtful. Now the term of the option and the amount is negotiated by your agent. Most options do not last longer than a year. During this time, the producer is simply trying to get a bigger fish to buy the script, or if they are the big fish, get a STUDIO/DISTRIBUTOR to commit to the script. This can be in the form of a “green light” or simply giving the prodco the blessing that they are interested as well, and interested in helping them purchase the script. But during the option, YOU CANNOT SHOP THE SCRIPT AROUND TO ANYONE!!!!! The prodco that optioned it OWNS the rights for the term they optioned it for. If the term expires and they have not re-approached you, then the rights revert back to you, and you may continue trying to find prodcos to buy your material.

Now, credits are a sticky matter, and “Breakfast With Sharks” as well as WGA.org have much more in depth coverage on this issue, but I will cover the basics.

If your script is sold, but a more seasoned, proven writer is brought in to re-write the script, then you receive a “story by” credit, and the new writer gets the “written by

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