Re: Acquiring rights
149films said:
Does anyone know or have advice regarding obtaining licensing rights for an adaptation screenplay?
Do you mean getting the rights to an existing screenplay of a produced movie, and then adapting from there? Or do you mean a property like a novel?
If it's the former, you'd have to approach the studio that made the original movie, and ask them if they would consider such a deal.
If it's a book, start with a query to the publisher, and ask if the film rights are available. If it's a big publisher, they will have at least one or two people (or perhaps a whole department) that deals with film rights.
If the publishing company no longer exists (this does happen occasionally), try to track down the writer or the writer's relatives if s/he is deceased.
If the rights are available, the purchase price is likely to be out of your reach, so offer to option the film rights for a price you can afford. Try to get the rights for at least 18 months, with an option to renew for another 18 months (you'll have to pay more money if you renew the option.)
Do NOT write the script before you have the agreement. If you insist on doing so, for goodness sake, don't show it to the author, the publishing company or the lawyers! As far as they know, you haven't written it yet. You don't want to run afoul of the author's copyright.
In any case, writing it beforehand would be a colossal waste of time, if you fail in your quest to secure the film rights. While you are working on and waiting for your deal (which usually takes months--I once optioned a novel, and it took a year and a half before everything was negotiated and signed), write an
original screenplay or two.
Occasionally, screenwriters manage to make a deal with an author that does not cost the screenwriter anything up front. If you can manage to arrange this kind of situation, good for you! But in most case, expect to pay
something for the rights.
Get everything in writing. Clearly spell out the terms and the time of the option period. Just as you wouldn't sign a contract with an open-ended option timeframe (thus, in essence, turning your rights over to the optioner, with no way to force him or her to turn them back over to you), don't expect an author to do it, either.
Expect to negotiate a purchase price of the book's rights in your contract. That's the trickiest part, and best left to the lawyers. But you'll have to discuss this with
your representation, so make sure he or she has some experience figuring out an acceptable fee. Try to get an entertainment lawyer.
The purchase price for the rights is what the
studio or production company will pay to the author for the film rights when you, holding the option on the material, sell the screenplay version of the story. Make sure the author's price isn't outrageous. It all depends on how famous the book and/or the author is, really. Remember, the studio has to pay not only for the book's film rights, but also you for your screenplay. If the numbers go through the roof, it could kill a deal with a studio or production company. Or the author will get his/her demands met, but you'll get peanuts.
See why you need an entertainment lawyer?
If you are trying to get the rights to someone's life story, and you're not working from a book or a magazine article or something along those lines, you'll have to deal with that person directly, or with his or her heirs/estate. In this process, expect to be dealing with more lawyers.
There are always exceptions to these situations, and with luck you'll strike a sweetheart deal with the author that is very beneficial to you both. But in general that's pretty much what you're going to be facing.
Good luck!
