Upfront for Agent?

[Godchoo]

Hi guys,

I recently wrote a screenplay which got reviewed by Vinehill Entertainment and they
want to help sell it for me. The agent has given me a projected price range for how much
my screenplay will make. He says it's gonna make around $60 grand to 145 grand.
Now I don't want to seem like I'm looking at the glass half empty, but
this just seems to good to be true.
I mean he wants 6 grand upfront and I'm not sure if
I should go ahead with it.
All in all, do agents usually ask for upfront money as well as commission?
Thanks.

 

[indietalk]

I'm guessing you've had some bad experiences with agencies then.
Sorry, I'm a guy who simple believes that no everyone is bad.
I mean there's gotta be a least one agency out there that's really
in it to actually find talent right?
maybe I'm just naive.

Shop around and beware of the red flags. Now you know.

 

[Godchoo]

I'm really glad you made this site. (I mean you made it right?)

 

[indietalk]

Be careful of lawyers too. They are vultures too! Pay them no more than for 1 hour of work to review a simple 1 or two page literary agent agreement. $300 is my limit with lawyers. $350 an hour takes a hike.

It all depends. Let's say the lawyer wants a $1000 retainer @ $350/hr. and charges for actual time, not one hour minimums. Then say, there's a lawyer that does not want a retainer, and only charges $300/hr. Sounds like the better deal? If he doesn't want a retainer this is a one shot deal and he'll charge you that $300 if he only works for 20 minutes. Let's say you use him next time. That $600 bucks for 40 minutes. A lawyer on retainer (a good one) should charge actual time. You would have just used up 40 minutes worth, not two hours. The better deal.

If you are a busy professional you will be better off with the retainer scenario. Just make sure they charge actual time.

 

[Blade_Jones]

It all depends. Let's say the lawyer wants a $1000 retainer @ $350/hr. and charges for actual time, not one hour minimums. Then say, there's a lawyer that does not want a retainer, and onlycharges $300/hr. Sounds like the better deal? If he doesn't want a retainer this is a one shot deal and he'll charge you that $300 if he only works for 20 minutes. Let's say you use him next time. That $600 bucks for 40 minutes. A lawyer on retainer (a good one) should charge actual time. You would have just used up 40 minutes worth, not two hours. The better deal.

If you are a busy professional you will be better off with the retainer scenario. Just make sure they charge actual time.

A retainer is not necessary. A retainer is a red flag actually. It should not take more than an hour for a lawyer to look at a 1 to 2 page literary agent contract you've been offered, and make a few suggestions & tweeks to the contract, then YOU do the rest. You have to show up at their office and have them read it right in front of you. They may tell you "Oh. I need to speak to this agent to ask them a few things" or "Let me FAX them this revision and let me handle the negotiations". Dont' allow this to happen. That's how they GET YOU and manage to rack up a $2,000 bill. Ask them up front how long it will take them to review it. If they give you an attitude about your insistence on doing it your way then keep looking for another attorney. Money doesn't grow on trees. Lawyers LOVE going the extra mile doing extra work that you can and should easily do yourself.

 

[indietalk]

A retainer is not necessary. A retainer is a red flag actually. It should not take more than an hour for a lawyer to look at a 1 to 2 page literary agent contract you've been offered, and make a few suggestions & tweeks to the contract, then YOU do the rest. You have to show up at their office and have them read it right in front of you. They may tell you "Oh. I need to speak to this agent to ask them a few things" or "Let me FAX them this revision and let me handle the negotiations". Dont' allow this to happen. That's how they GET YOU and manage to rack up a $2,000 bill. Ask them up front how long it will take them to review it. If they give you an attitude about your insistence on doing it your way then keep looking for another attorney. Money doesn't grow on trees. Lawyers LOVE going the extra mile doing extra work that you can and should easily do yourself.

Sorry, I was speaking in general, not about scripts. In the music biz you constantly need lawyers to sign/read stuff, and they knock 15 minutes off the retainer instead of going and paying an hour each time you need something signed. Retainer is not a red flag if you have a lot of work for them.

 

[Blade_Jones]

I'm guessing you've had some bad experiences with agencies then.
Sorry, I'm a guy who simple believes that no everyone is bad.
I mean there's gotta be a least one agency out there that's really
in it to actually find talent right?

I know someone who has been offered 2 literary contracts this year. One agent wanted $600 up front and he was really pushy about hurrying up and inking the deal, another wanted $300 up front. Neither had any real track record. I've been burned in other business ventures related to film (not literary agents though) as well as with CD distribution contracts. There's commonalities in the movie and music biz. I've seen others get ripped off all around me in all areas of film and music. Where there's money there's people trying to get their hands on it.
Protecting yourself is just part of doing business. You don't have to feel "guilty" about looking out for your interests.
Sorry I don't know who are the most reputable agencies. William Morris is probably the cream of the crop.

 

[TheBuck]

I want to read the script but only if you pay me to do so.

Ok with the smartass remark out of the way. No agent should ask for cash up front. check out the book Screenwriter's & Playwright's Market, it has the does and donts alone with common scams. Plus it's an agent listing book.

 

[directorik]

Does anyone here know of an actual legit agent that would help
represent my screenplay?

There are hundreds of them.

Ar you ready for an agent now? Do you have at least three
(preferably five) excellent, well written screenplays - at least
one of them high concept? Do you have at least three TV
scripts?

If you do, then it's time for you to spend a little money and
buy a copy of "The Hollywood Representation Directory". And
then spend more money and a LOT of time researching and
submitting your second best script to the right agents. And
while you are doing that, you need to spend time (and some
money) researching and submitting your best low budget
scripts to prodCos. Having a sale - even a small sale to a small
prodCo - can help you get an agent.

I'm sure you've checked the WGA web site for their list of
signatory agents. That's a fine research tool even though few
(if any) of those agencies will read new writers.