Get it In Writing! Notes From an A-List Hollywood Film Producer

One of the most important reasons film and television deals fall apart (and many things in business and life) is due to people do not get it in writing. I have seen so many deals go badly due to this one most prominent factor. Whether your are a producer, director, actor or screenwriter – you need to understand that this is the way things will go wrong most often.

A Verbal Agreement is Not Worth the Paper It’s Printed On!

Too many business people and artists most certainly, wish to rely upon the good will of the other party that they can depend on a deal coming through in the end. So often you will trust the person, a colleague, a friend, a family member, a reputable industry icon. Regardless of this assumption, things very often Do go wrong and this assumption falls to the wayside. People disagree on what was agreed, what was said, how much they said they would pay, how long it would take to pay/complete/deliver/assist, etc. Get it in writing!

Always Consult An Attorney

An attorney is critical in venturing into a business deal. This is true for the film industry as well as business in general. Lawyers know the law, contracts, what is an agreement and what is not. An Entertainment Attorney is invaluable in saving you time, money and the heartbreak of a deal gone downhill.

An Email Can Be a Contract (or proven to represent an agreement)

On the contrary, a filmmaker (and business people in general) must be careful what they agree to in an email or letter. Written words matter and can be used at such time as a case is to be made on what was agreed between two or more parties. If you promise it in writing, you may be held to it. That’s why you want it in writing if you mean it and you wish to be in agreement. Ideally the other party will confirm your correspondence back to you, securing more protections.

On Screenplay Options & Purchases

This is an area of particular importance and urgency. As a producer, not having the rights secured to IP you wish to proceed to production with is a major faux pas! One must Not proceed on an assumption that a screenwriter will agree to terms at a later date. Likewise, as a screenwriter one must not assume the producer will come to agreement on terms that you will find acceptable.

People Change Their Minds

No matter how good their intentions, now matter how good of a person someone is, things change, people change, events change. Once you have a written agreement, these situations can be addressed under the terms of the agreement, or negotiated externally to a contract as otherwise required.

Both Parties Benefit in a Win, Win Deal

A good deal is a deal where both parties “win”, the ol’ “win, win”. It’s great to be trustful but it doesn’t get you far in the real world of making deals. Get it in writing!

Good luck in filmaking!

Jack Binder – Film & TV Producer – Visit Jack’s Producer Credits Page – Click Here

Producer, Founder FilmBudget.com Worldwide