Am I getting a good deal?

Hello everyone, I'm new to this site.

I've been writing screenplays since I was 18, and I am finally selling my first script (I'm now 22). A contract is being sent to my house today. (The buyers are stationed in Hollywood, I live in New York).

I'm happy that there is an offer on the table. I just want to know if I am getting a good deal.

The deal is that I'll be receiving 100,000. 50,000 now, and another 50,000 if/when the film is green lighted. I'm also getting 10% of merchandising sales. (It's an animated film). I also have a lawyer so don't worry I have someone to read this over hahaha.

So I need to know, is this a good deal I'm getting? Thank You.
 
A 50% straight up buy out is kind of unheard of. $100,000 is very, very low
for an animated feature. I would renegotiate a deal like this. But since it's
your first sale it might be wise to take it after your lawyer looks it over. I don't
think this is a good deal.

Welcome to indietalk.
 
Is your lawyer an entertainment lawyer and is he knowledgeable about the trends as far as how much people pay for these types of animation films? How much experience does he have with animation films? I would pay to consult for an hour with a second lawyer solely to discuss what a "good deal" is. Keep in mind that lawyers just want to make money (by reviewing contracts). It's not in their best interests to negotiate or walk away from a deal.
 
I was reading that its rare for an animated film to even be optioned considering most animated features come from within companies that make them.

Which is why it's highly unusual to get offered a full buyout rather than an option.
Something isn't right with this contract. It's good that you have a lawyer to talk
to about this. A forum like this is not a good place for legal opinion. Especially
with so little information.
 
Welcome to Indietalk.

You will need an entertainment lawyer to look at the contract's fine print, but you also need an agent to consider the terms of the deal, as in whether 50% up front is good or bad.

I can refer you to a reputable NY law firm, but I don't know any agents.
 
I come from a music/compsoer background, but here are my thoughts.

First of all, you have to ask yourself how much time you have spent to write the script. Was it a month or maybe some years. Depending on this 100k $ may be a lot or quite little.

Secondly, you have to be careful with everything, buy-out, work for hire. What people confuses here is, I think, that they are willing to pay 50k before even knowing if the film gets made. This would be half of the buy-out fee. What happens if the film does not get made? Will you keep the money and all rights?

As far as I know, usually they would pay for an option, this means you are willing to reserve them the exclusive right to make a film from your script but only for a certain time period. For this you will receive a certain amount. I am not sure what type of amount this can be, but it seems pretty steep to pay 50% of the full budget.

So why would they pay half of the buy-out fee if they are not sure the film gets made, why not take an option?

Keep in mind that the work for hire or buy-out fee is the only money you get, in your case plus the merchandising percentage. You will lose all rights to use any of your material for future projects. So how dear is your material to you is a question you should ask yourself as well.

Have a look at what is typical practice on the market and make sure you are not getting a "beginner deal" that is hugely in advantage of the studio.

Also if the total budget you are receiving is good or not can be estimated only knowing the budget of the film.

Well good luck and congratulations for your success!
 
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