Exploiting Hollywood 1980.
Chapter 181 The Power to Modify the Script
Chapter 181 The Power to Modify the Script
"So you think Lapke is playing tricks? He wants Mr. Ovitz to abandon me and choose Bridges as director? But my script is on file, how could they steal it?" Ronald listened to Richard Ask after Germany's analysis.
"I'm afraid they have some tricks that we don't know about. I've heard some rumors inside the company that Lapke doesn't play by the rules very much, and there is a lot of old Hollywood machinations. In the current publicity plan, your name is not used by any media. Reportedly, this gives them a little room for intrigue.
We have to be prepared, and most importantly, Mr. Ovitz's attitude is now unclear. "
Ronald nodded, he had to be prepared.
"I need your help, Lindsay. Can you fly to Los Angeles? This time the matter may be more difficult than the script signing dispute last time." After discussing with Richard, Ronald first called his own lawyer.
Lindsay Dole listened to Ronald and Richard's speculation on the phone, "I've thought about it, you don't just need a lawyer who is proficient in law, you need a lawyer who is proficient in Hollywood. Lawyer for studio operations.
Some things are hard for Hollywood outsiders to figure out. If you need it, I can fly to Los Angeles right away, but I suggest you hire a senior Hollywood lawyer to consult first. "
"Do you have a suitable candidate? Besides, I can't afford high legal fees, and I may not be able to get paid for my script."
"This matter is not court appearance business. For a senior lawyer who is familiar with the details of film business, it may be something that can be explained clearly in a few words. Let me ask for you, it should not exceed half of the option contract remuneration you get .”
"It's a lot of money for me, but I'm willing to take a gamble." Ronald made up his mind.
"What I'm looking for is an opportunity to participate in a major studio project, either by selling sky-high scripts and gaining some fame after being hyped by the news, or by actually getting involved in film shooting so that I can increase my experience.
Now that I'm not on the news, and Columbia probably doesn't want me in the film either, $[-] doesn't mean much to me. "
"Okay, do you remember Mitch Kanter, the lawyer who represented MGM in the negotiation of the famous signature dispute? He invited me to practice at his law firm in Los Angeles, but I didn't agree. He once It's MGM's permanent lawyer, I can make a call first, he also appreciates you, and will give you a friendly price."
Ronald remembered the lawyer with the protruding ears and the uncomfortable gray eyes. "It's him? Then I have no objection." It would still be very pleasant if this face was facing the opponent.Moreover, he is proficient in the film business and has the ability to persuade others.
"Ronald. When I first met you, I had a hunch that I would meet you again in Hollywood, but I didn't expect this day to come so soon. Columbia, $35, huh?"
"Hello, Lawyer Kanter. Nice to see you again, but I may not be able to get $35." A few hours later, Ronald and Richard walked into the "Manate, Philp Smith, Phillips & Kanter" LLP.Kantor has been promoted to the named partner of the law firm, which gives them a little more confidence.
"Please sit down. I've heard what happened from Miss Dole." Mickey Kanter was wearing a dark suit and sitting behind an old-fashioned solid wood desk. He reached out and took out two glasses. In front of the two young men.
"Miss Dole signed the agency agreement with me on behalf of you, and now I am your attorney representing you. What we say between us is protected by the attorney-client confidentiality agreement." Then he turned over a clock and pushed Luo In front of Nader, press the switch.
Kantor got another glass of whiskey for himself, then looked at Richard, but said to Ronald, "With this agreement, I will keep everything you tell me a secret, do you understand?"
Ronald also glanced at Richard, "Richard is my manager, I trust him."
"Very good." Kanter took a sip of whiskey, "Then I'll just say it, reputation or substance, you can only choose one."
"I don't understand, Mr. Canter."
"Call me Mickey," Kanter took the script option contract in Richard's hand, put it on the table, then opened it to the terms, pointed to Ronald and said, "This kind of option contract, you must have already Understand, the guarantee is that within 12 months, Columbia has the right of first refusal to your script."
"That is to say, during the 12-month period, even if other production companies are interested in your script, Columbia also has the right to purchase it first. After 12 months, the script returns to your own hands, and you can still cooperate with other production companies. Contact the film company."
Ronald nodded in understanding.
"Columbia is a member of the Writers Guild of America, so they have to abide by the Writers Guild's contract, the option must be at least 10% of the total purchase price, and the option period must not exceed 18 months.
Production companies that are not the Writers Guild do not have to abide by the rules.For new screenwriters like you, their asking price is much lower, and they can buy options for more than 1 months of the script by paying only 2-36% of the advance payment.Columbia Corporation has registered a large number of leather bag companies to bypass the regulations of the Writers Guild. "
Mitch Kanter took another sip of whiskey, leaned forward suddenly, and said to Ronald face to face:
"So tell me, Ronald, you're neither the son of some big star, nor a veteran with a string of successful titles, why should they play by the rules and give you the best signing terms? Give you John Milley Urs, the script price that Oliver Stone can get?"
Ronald frowned, he was indeed dazzled by the good news, so that he turned a blind eye to the obviously unreasonable contract terms.
Why pay such a high price to a fledgling screenwriter?I'm afraid I'm not the screenwriting genius that others say. I'm afraid it's hard to say the real market value of "My Brother's Guardian".
"This is because of the screenwriter-first strategy that CAA mainly promotes. We hope that Ronald's script can attract influential star actors and directors. Then sell it to the studio as a packaged project..."
Seeing that Ronald was silent, Richard Lovett spoke briefly about the events before and after the signing of the script.
"I don't comment on Ovitz's strategy, but what I want to say is that this is just the result of the matter. What is the real reason? In this game, Columbia is paying the money, and they will pay attention to CAA's business strategy. Interested? What do they want? Ronald."
"What they want is Jane Fonda." Ronald finally figured out the point of the whole thing.Columbia didn't want the script, it wanted Jane Fonda.What Ovitz liked was not his own script, but the fact that Jane Fonda was interested in the script.
As long as Jane Fonda signs with Columbia Pictures to make a movie together.It doesn't matter who wrote the script, it doesn't even matter... whether there is a script or not.
And the director James Bridges that Columbia is fancying is a screenwriter himself. The two films "Hua Guo Syndrome" and "Urban Cowboy" written and directed by himself are both box office and evaluation win-win. A novice screenwriter like myself is much more reliable.
If he and director Bridges competed for the dominance of the script, where would Jane Fonda, the key person, stand?Ronald thought for a long time but couldn't think of any reason for Jane to favor himself.
Bridges is now a popular director in Hollywood, and he also worked happily with Jane Fonda. With the movie "Hua Guo Syndrome", she helped her escape the curse of the second Oscar, and her career continued to flourish.
"But Bridges and his agent Lapke, how can they take away my signature? I have filed a record."
"This is not a problem. The Writers Association's filing requires you to prove that your interests have been damaged before you can file a lawsuit. If the movie is not released, you have no damage. The movie has already been released, and you can only get a small amount of money. Helped promote the movie for free."
"Why? Isn't the script I wrote used by them?"
"Bridges is a screenwriter himself, I'm afraid he will drastically change the plot of your script. At most you can only fight for one original story, which is the signature of 'Story:', and the screenwriters union can only fight for you. As far as I know, you don’t get much in this case, and you might as well leave with $[-] after deducting the attorney’s fees.”
"But I also filed a record at the Library of Capitol Hill in Washington, where the defense clause is automatically activated after the record is infringed. I don't need to prove that my interests have been damaged."
"Your lawyer is very nice and reminded you to go to the Library of Capitol Hill to file. But it doesn't help you much. Do you know why?"
Ronald shook his head.
"Richard, you should know. The 1946 Academy Award plagiarism case for Best Animated Feature."
"Mr. Kanter, what do you mean, they will write a script by themselves, and then go to Capitol Hill to register?" Richard frowned.
"Yes, the plot of Warner's cartoon 'Bugs Bunny Rhapsody' was almost exactly the same as MGM's 'Cat Concerto'. In the end, no one could prove who copied who, and Oscar could only blur the matter. It still happens from time to time.”
"Moreover, only the outline of the story can be filed for filing, and subsequent revisions are automatically protected. Some screenwriters file dozens or even hundreds of outlines of the story, and then specifically touch porcelain to settle out of court."
"Then what should I do, Mickey? What if you can only choose one of fame and substance?" Ronald saw Mickey Kanter talking confidently, knowing that he must have a solution.
"Of course, what we said above is only the worst case scenario. In fact, the director doesn't need to write another script at all. They will work according to the contract, and they will be able to squeeze you out."
"Look at this contract." Kanter took out another script option trading contract, turned to a page in the attachment, and pointed it out to him, "Your contract is missing this important clause."
Ronald followed his finger and looked over, it was an additional clause called "Preferred Right to Refuse Script Modification".
"With this clause, if the studio buys your script option and wants to change the direction of the plot, they must come to you first. If you refuse, they can find someone else to modify it. This can effectively prevent They mess with your script.
Of course, the bad thing is that they always want to modify it, and they may bother you again and again.Therefore, the modification fee is generally agreed under this clause. "
Ronald picked up his own contract and looked it up carefully. There was indeed no such clause.
"The industry jokingly calls it the Good Faith Clause. If they like your script, they usually give you this power. If they just like your story idea, but are not satisfied with the way your script is written, and plan to have someone else rewrite it, then Tend to not give you this power.
But if you insist and they really want your story, they will. "
"So they can take advantage of the lack of this clause to lead the revision of the script, and I can only leave with the money and watch them randomly modify my script?" Ronald suddenly realized.
"Yes, if they are ruthless, they can give up your script after the option expires, and sell the unrecognizable script they modified to Columbia. In this way, you can only get 10% of the option fee .”
"You were careful not to sign this questionable contract on the spot. That leaves us with two options.
First, insist on asking for the first choice to refuse the script revision, so that you can deeply participate in the preparation of the film and get some substantial benefits.However, Colombia may take the opportunity of contract renegotiation and will not give you such a high price again.
Second, insist that Columbia buy the script in full. If Ovitz is on your side to put pressure on you, and there are already rumors in the media that you sold the script at a high price, it can be done. Got to walk away with the money and leave the script to Bridges to rewrite. "
After getting a satisfactory answer, Ronald and Richard stood up and said goodbye, "I'll send you the check, Mitch."
"I'm sorry, Ronald. I didn't see their plan, and my judgment was wrong after the fact. It seems that Lapke and his client didn't directly grab the script's signature. Loophole."
"No, I can't completely blame you. I also made mistakes." Ronald said, "What I wonder is whether my other two agents know about this matter, and whether Mr. Ovitz knows about this matter." Things. This contract was given to me by the new producer, do they have anything to do with Lapke?"
"We'll have to test out whether that's what Columbia President Frank Price meant, or whether Lapke is just taking a loophole and trying to make a fait accompli."
Richard also thought of this, "I'll go to Mr. Rick Nisita and Paula first. Then tomorrow the three of us will go with you to talk to Mr. Ovitz. He keeps saying that the company culture of CAA is One big family. Big families can't fight among themselves like this."
(End of this chapter)
"So you think Lapke is playing tricks? He wants Mr. Ovitz to abandon me and choose Bridges as director? But my script is on file, how could they steal it?" Ronald listened to Richard Ask after Germany's analysis.
"I'm afraid they have some tricks that we don't know about. I've heard some rumors inside the company that Lapke doesn't play by the rules very much, and there is a lot of old Hollywood machinations. In the current publicity plan, your name is not used by any media. Reportedly, this gives them a little room for intrigue.
We have to be prepared, and most importantly, Mr. Ovitz's attitude is now unclear. "
Ronald nodded, he had to be prepared.
"I need your help, Lindsay. Can you fly to Los Angeles? This time the matter may be more difficult than the script signing dispute last time." After discussing with Richard, Ronald first called his own lawyer.
Lindsay Dole listened to Ronald and Richard's speculation on the phone, "I've thought about it, you don't just need a lawyer who is proficient in law, you need a lawyer who is proficient in Hollywood. Lawyer for studio operations.
Some things are hard for Hollywood outsiders to figure out. If you need it, I can fly to Los Angeles right away, but I suggest you hire a senior Hollywood lawyer to consult first. "
"Do you have a suitable candidate? Besides, I can't afford high legal fees, and I may not be able to get paid for my script."
"This matter is not court appearance business. For a senior lawyer who is familiar with the details of film business, it may be something that can be explained clearly in a few words. Let me ask for you, it should not exceed half of the option contract remuneration you get .”
"It's a lot of money for me, but I'm willing to take a gamble." Ronald made up his mind.
"What I'm looking for is an opportunity to participate in a major studio project, either by selling sky-high scripts and gaining some fame after being hyped by the news, or by actually getting involved in film shooting so that I can increase my experience.
Now that I'm not on the news, and Columbia probably doesn't want me in the film either, $[-] doesn't mean much to me. "
"Okay, do you remember Mitch Kanter, the lawyer who represented MGM in the negotiation of the famous signature dispute? He invited me to practice at his law firm in Los Angeles, but I didn't agree. He once It's MGM's permanent lawyer, I can make a call first, he also appreciates you, and will give you a friendly price."
Ronald remembered the lawyer with the protruding ears and the uncomfortable gray eyes. "It's him? Then I have no objection." It would still be very pleasant if this face was facing the opponent.Moreover, he is proficient in the film business and has the ability to persuade others.
"Ronald. When I first met you, I had a hunch that I would meet you again in Hollywood, but I didn't expect this day to come so soon. Columbia, $35, huh?"
"Hello, Lawyer Kanter. Nice to see you again, but I may not be able to get $35." A few hours later, Ronald and Richard walked into the "Manate, Philp Smith, Phillips & Kanter" LLP.Kantor has been promoted to the named partner of the law firm, which gives them a little more confidence.
"Please sit down. I've heard what happened from Miss Dole." Mickey Kanter was wearing a dark suit and sitting behind an old-fashioned solid wood desk. He reached out and took out two glasses. In front of the two young men.
"Miss Dole signed the agency agreement with me on behalf of you, and now I am your attorney representing you. What we say between us is protected by the attorney-client confidentiality agreement." Then he turned over a clock and pushed Luo In front of Nader, press the switch.
Kantor got another glass of whiskey for himself, then looked at Richard, but said to Ronald, "With this agreement, I will keep everything you tell me a secret, do you understand?"
Ronald also glanced at Richard, "Richard is my manager, I trust him."
"Very good." Kanter took a sip of whiskey, "Then I'll just say it, reputation or substance, you can only choose one."
"I don't understand, Mr. Canter."
"Call me Mickey," Kanter took the script option contract in Richard's hand, put it on the table, then opened it to the terms, pointed to Ronald and said, "This kind of option contract, you must have already Understand, the guarantee is that within 12 months, Columbia has the right of first refusal to your script."
"That is to say, during the 12-month period, even if other production companies are interested in your script, Columbia also has the right to purchase it first. After 12 months, the script returns to your own hands, and you can still cooperate with other production companies. Contact the film company."
Ronald nodded in understanding.
"Columbia is a member of the Writers Guild of America, so they have to abide by the Writers Guild's contract, the option must be at least 10% of the total purchase price, and the option period must not exceed 18 months.
Production companies that are not the Writers Guild do not have to abide by the rules.For new screenwriters like you, their asking price is much lower, and they can buy options for more than 1 months of the script by paying only 2-36% of the advance payment.Columbia Corporation has registered a large number of leather bag companies to bypass the regulations of the Writers Guild. "
Mitch Kanter took another sip of whiskey, leaned forward suddenly, and said to Ronald face to face:
"So tell me, Ronald, you're neither the son of some big star, nor a veteran with a string of successful titles, why should they play by the rules and give you the best signing terms? Give you John Milley Urs, the script price that Oliver Stone can get?"
Ronald frowned, he was indeed dazzled by the good news, so that he turned a blind eye to the obviously unreasonable contract terms.
Why pay such a high price to a fledgling screenwriter?I'm afraid I'm not the screenwriting genius that others say. I'm afraid it's hard to say the real market value of "My Brother's Guardian".
"This is because of the screenwriter-first strategy that CAA mainly promotes. We hope that Ronald's script can attract influential star actors and directors. Then sell it to the studio as a packaged project..."
Seeing that Ronald was silent, Richard Lovett spoke briefly about the events before and after the signing of the script.
"I don't comment on Ovitz's strategy, but what I want to say is that this is just the result of the matter. What is the real reason? In this game, Columbia is paying the money, and they will pay attention to CAA's business strategy. Interested? What do they want? Ronald."
"What they want is Jane Fonda." Ronald finally figured out the point of the whole thing.Columbia didn't want the script, it wanted Jane Fonda.What Ovitz liked was not his own script, but the fact that Jane Fonda was interested in the script.
As long as Jane Fonda signs with Columbia Pictures to make a movie together.It doesn't matter who wrote the script, it doesn't even matter... whether there is a script or not.
And the director James Bridges that Columbia is fancying is a screenwriter himself. The two films "Hua Guo Syndrome" and "Urban Cowboy" written and directed by himself are both box office and evaluation win-win. A novice screenwriter like myself is much more reliable.
If he and director Bridges competed for the dominance of the script, where would Jane Fonda, the key person, stand?Ronald thought for a long time but couldn't think of any reason for Jane to favor himself.
Bridges is now a popular director in Hollywood, and he also worked happily with Jane Fonda. With the movie "Hua Guo Syndrome", she helped her escape the curse of the second Oscar, and her career continued to flourish.
"But Bridges and his agent Lapke, how can they take away my signature? I have filed a record."
"This is not a problem. The Writers Association's filing requires you to prove that your interests have been damaged before you can file a lawsuit. If the movie is not released, you have no damage. The movie has already been released, and you can only get a small amount of money. Helped promote the movie for free."
"Why? Isn't the script I wrote used by them?"
"Bridges is a screenwriter himself, I'm afraid he will drastically change the plot of your script. At most you can only fight for one original story, which is the signature of 'Story:', and the screenwriters union can only fight for you. As far as I know, you don’t get much in this case, and you might as well leave with $[-] after deducting the attorney’s fees.”
"But I also filed a record at the Library of Capitol Hill in Washington, where the defense clause is automatically activated after the record is infringed. I don't need to prove that my interests have been damaged."
"Your lawyer is very nice and reminded you to go to the Library of Capitol Hill to file. But it doesn't help you much. Do you know why?"
Ronald shook his head.
"Richard, you should know. The 1946 Academy Award plagiarism case for Best Animated Feature."
"Mr. Kanter, what do you mean, they will write a script by themselves, and then go to Capitol Hill to register?" Richard frowned.
"Yes, the plot of Warner's cartoon 'Bugs Bunny Rhapsody' was almost exactly the same as MGM's 'Cat Concerto'. In the end, no one could prove who copied who, and Oscar could only blur the matter. It still happens from time to time.”
"Moreover, only the outline of the story can be filed for filing, and subsequent revisions are automatically protected. Some screenwriters file dozens or even hundreds of outlines of the story, and then specifically touch porcelain to settle out of court."
"Then what should I do, Mickey? What if you can only choose one of fame and substance?" Ronald saw Mickey Kanter talking confidently, knowing that he must have a solution.
"Of course, what we said above is only the worst case scenario. In fact, the director doesn't need to write another script at all. They will work according to the contract, and they will be able to squeeze you out."
"Look at this contract." Kanter took out another script option trading contract, turned to a page in the attachment, and pointed it out to him, "Your contract is missing this important clause."
Ronald followed his finger and looked over, it was an additional clause called "Preferred Right to Refuse Script Modification".
"With this clause, if the studio buys your script option and wants to change the direction of the plot, they must come to you first. If you refuse, they can find someone else to modify it. This can effectively prevent They mess with your script.
Of course, the bad thing is that they always want to modify it, and they may bother you again and again.Therefore, the modification fee is generally agreed under this clause. "
Ronald picked up his own contract and looked it up carefully. There was indeed no such clause.
"The industry jokingly calls it the Good Faith Clause. If they like your script, they usually give you this power. If they just like your story idea, but are not satisfied with the way your script is written, and plan to have someone else rewrite it, then Tend to not give you this power.
But if you insist and they really want your story, they will. "
"So they can take advantage of the lack of this clause to lead the revision of the script, and I can only leave with the money and watch them randomly modify my script?" Ronald suddenly realized.
"Yes, if they are ruthless, they can give up your script after the option expires, and sell the unrecognizable script they modified to Columbia. In this way, you can only get 10% of the option fee .”
"You were careful not to sign this questionable contract on the spot. That leaves us with two options.
First, insist on asking for the first choice to refuse the script revision, so that you can deeply participate in the preparation of the film and get some substantial benefits.However, Colombia may take the opportunity of contract renegotiation and will not give you such a high price again.
Second, insist that Columbia buy the script in full. If Ovitz is on your side to put pressure on you, and there are already rumors in the media that you sold the script at a high price, it can be done. Got to walk away with the money and leave the script to Bridges to rewrite. "
After getting a satisfactory answer, Ronald and Richard stood up and said goodbye, "I'll send you the check, Mitch."
"I'm sorry, Ronald. I didn't see their plan, and my judgment was wrong after the fact. It seems that Lapke and his client didn't directly grab the script's signature. Loophole."
"No, I can't completely blame you. I also made mistakes." Ronald said, "What I wonder is whether my other two agents know about this matter, and whether Mr. Ovitz knows about this matter." Things. This contract was given to me by the new producer, do they have anything to do with Lapke?"
"We'll have to test out whether that's what Columbia President Frank Price meant, or whether Lapke is just taking a loophole and trying to make a fait accompli."
Richard also thought of this, "I'll go to Mr. Rick Nisita and Paula first. Then tomorrow the three of us will go with you to talk to Mr. Ovitz. He keeps saying that the company culture of CAA is One big family. Big families can't fight among themselves like this."
(End of this chapter)
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