Rights when your short is turned into a feature

davidpustansky

davidpustansky

Hi, so I need a little advice regarding what rights/what action would be sensible for someone in my position.

Over the course of this year I've written and directed several short films. I'm just at the stage where the shorts are being finished through post production and so far without the final versions being out in the wild yet I've had interest from three sources about developing projects further.

In two instances I've been approached by people from independant production companies about turning shorts into features, which sounds exciting, but I have slight concerns that I'd like advice about before I get into real discussions with these people.

As things stand all of the shorts are completely my own - I devised their concepts, wrote the scripts, sourced the funding, cast them, directed them and in some instances was also an actor in them.

I had always hoped that these shorts could be used as pitch films so I could develop them further into larger projects with bigger budgets and better resources, but I feel a little concerned that if I work with one of these independant production companies I'm going to end up giving away everything I've worked for so far.

Now I fully appreciate that I was able to have an unusual amount of creative control over the short films (one of the benefits of being an independant filmmaker) and that I will probably have to make some consessions when working with bigger/more experienced companies than my own.

My concern is that I don't want my concepts ripped off/butchered so it's not really my work any more. If I go ahead with any kind of working relationship with them how much should I be willing to give up in order to see the films made? I also have concerns about what the copyrights would be over my own original creations if I allowed others to write/direct etc.

I wrote and directed the shorts myself, but I'm not sure to what level they will want me involved. I've not written/directed a feature yet, but I don't want that fact to be the reason why I'm replaced from these roles on my own projects. Obviously I want to further my own career so if I were to step aside in either of these areas I feel like I'd be cheating myself out of the opportunity on my own projects.

I've not had full discussions to know what they're going to propose to me yet, but I'd like some advice to know what people think my expectations should be going in so I feel more prepared and know what is fair and reasonable.
 
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My concern is that I don't want my concepts ripped off/butchered so it's not really my work any more. If I go ahead with any kind of working relationship with them how much should I be willing to give up in order to see the films made? I also have concerns about what the copyrights would be over my own original creations if I allowed others to write/direct etc.

I wrote and directed the shorts myself, but I'm not sure to what level they will want me involved. I've not written/directed a feature yet, but I don't want that fact to be the reason why I'm replaced from these roles on my own projects. Obviously I want to further my own career so if I were to step aside in either of these areas I feel like I'd be cheating myself out of the opportunity on my own projects.

I've not had full discussions to know what they're going to propose to me yet, but I'd like some advice to know what people think my expectations should be going in so I feel more prepared and know what is fair and reasonable.
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What's reasonable is what both parties are happy with. There is no agreement unless both parties can accept the agreement.

Look up the story of Stalone and Rocky. He was being unreasonable by most people's account, but eventually got what he wanted.

What you need to do is know who you're talking with. There's no point in talking to a small production company where their inhouse director ALWAYS directs their movies if you want to direct the project.
 
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This is less about rights and more about your personal desires.

If you don't want to give up any creative control you are not legally
required to do so. If you want to write and direct the feature length
versions of any of your shorts you have the right to not take any
offer that doesn't allow you to write and or direct.

Anything you want is reasonable. Anything. Your unasked question
is, “If I demand that I write and direct will they say no and I lose
the opportunity?” and the answer is yes. Doesn't mean it is
unreasonable to ask for full creative control.

davidpustansky said:
I also have concerns about what the copyrights would be over my own original creations if I allowed others to write/direct etc.
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Now this is a rights question. If you sell your copyright to you own
original creations you lose it. They can do anything they want. If
you do not sell your copyright to you own original creations then
no one can butcher them. You keep what rights you want to keep.

So how much you give up is one hundred percent up to you. Ask
for full creative control and they may walk away. Give up too much
creative control and they may make a movie you don't like. But
they may make an excellent movie. So you may have to make
some concessions. And you know that. But what and how much
is up to you. I wish there were a percentage I could offer that would
fit your situation but there isn't. Only YOU know what you are willing
to give up. And you may not know how much until there is an offer
on the table.
 
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Thank you for the advice - Sweetie - your example about Rocky was reassuring. I've heard the story before and kinda feel that may be the approach to take. I've done everything to get the budget and produce the projects so far, so now I have the short made I don't see why I should just give everything away for others to take charge of it. No one is going to give me opportunities on a larger scale if I don't fight for them right?

And thank you directorik - I'm sure I'll be back on here asking for further advice when I hear what they have to propose.
 
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This is less about rights and more about your personal desires.
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What rik said is probably your most important question you need to answer. If your primary focus is writing, then getting your project turned into a feature is probably your best first step. If your focus is directing, then you need to direct that film. The course for directing may also be best if you are also a writer/director as having your name attached to a feature film (in any capacity) will hold more water than having your name attached to only short films.

You need to work out what the right move for you and your career and what you want to achieve long term.

If you have a story strong enough to be the next Rocky, then that strategy may still hold water. If your idea is less than special, holding off may cause producers to question whether they want to ever work with you.
 
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Some great advice from Sweetie and Rik.

It's a judgment call; you need to be able to judge how good your story is and how badly the prodco wants it. and then, if the prodco has made films comparable in quality to what you're looking for, determine how badly you want THEM to get involved. And ask for exactly what you want. Never START negotiating for less. It's a helluva lot easier to give up something than to ask for more than where you started. (I'm sure you know this).

If you've had several approach you, you're in a good position, imo. You're not knocking at their door, hat in hand.

Best of luck!
 
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