Unlike option agreements, purchase agreements can be either exclusive to a single producer or not exclusively. This allows screenwriters to maximize their chances of earning money for your movie script without being tied to a single film producer. It is necessary to include a non-circumvention clause in these agreements so that several parties do not approach the same sources of funding and the same talents with the same project. Shopping agreements can take different forms, including the following: unlike an option contract, the shopping contract does not confer exclusive rights to a copyright and is only a service contract. Therefore, it can be verbal or written. For this reason, some producers and authors are tempted to enter into an oral purchase agreement to keep things “friendly” and simple between them and avoid legal fees. It`s almost always a mistake. The fugitiveity of an oral agreement has never been better expressed than in Samuel Goldwyn`s famous statement: “An oral contract is not worth the paper on which it is written.” As friendships can cool and memories may fail, the purchase agreement should always be written and signed by both parties. As part of the purchase agreement, the author accepts that if the writer negotiates a contract with a buyer for the dramatic rights, the author will attach the producer to the project during these negotiations. As a general rule, the manufacturer will also negotiate separately with the buyer. As a general rule, the purchase agreement also contains a language that prevents the author from bypassing the producer and establishing a contract directly with the buyer as soon as interest in a project has been demonstrated.
Negotiate option extensions that depend on the manufacturer meeting with certain markers related to the forward movement of project production. For example, the option can only be extended if funding is secured and/or if the required people are attached to the project (director, actor and screenwriter). In option agreements, writers renounce the temporality of their work. However, all rights are automatically reset on them when the option goes off. On the other hand, screenwriters retain all rights to their work at all times for the duration of a purchase contract. Option agreements usually take longer (12-18 months) and the writer is generally not required to agree on the person the producer has added to your project. Don`t be afraid to refuse an agreement with unwanted conditions. I did, but it was broken with the dodgy producers and non-union mama/pop prod company.