What are Options?

It’s a legal document that gives you the exclusive rights to a property, for a specific period of time in order to develop that property into a film or television program. Read below for details.

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Your idea has probably come from one of four sources:

1. It’s original and you though it up on the way to work in the car, or in the shower one morning.
2. It’s a book - you just read a great book an thought that it would make an equally great movie.
3. It’s a magazine or newspaper article - you just read a great article and it’s the basis for your idea.
4. It’s someone’s life story - someone famous or otherwise has inspired you.

If your idea is original, problem, write away - the idea originated with you, hence you own the rights.

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If your idea is from source 2 or 3, then you’re going to need to secure the rights. As general rule;

• all written works published before 1923 are in the public domain, which means you do not have to seek permission from the copyright owner.
• works published aftr 1923, but before 1978 are protected for 95 years from the date of publication.
• works published after 1978, are protected for the life of the author plus 70 years

To be absolutely sure, contact the U.S. Copyright Ofice to see if a copyright exists. If it does, then you can approach the author and reach an agreement allowing you to write a screenplay.

• for authors - you can find their details through their publisher
• for journalists -you can find their details through the respective magazine or paper.

Often, you will beinformed that the film rights have already been sold to someone else, but there’s not harm in trying. Copyright law can be tricky and you should take particular care when dealing with this issue. Don’t proceed until you’re sure and remember that copyright law can be different from country to country and may only be the life of the author plus 50 years - don’t miss out.

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If your idea is from source 4, then they are probably a private individual, a public figure or an historical figure. If it is a private figure, then you should approach them or their heirs and reach an agreement with them for the film rights to their life story. Althrough this is not always required, it is a coutesy that the person or tehir heirs would appreciate, before seeing their life story on the big screen. It may also uncover whether exclusive rights have been granted to someone else and if not, then a whole wealth of infomation could become available to you, giving you a uniquie personal story.Use a legal resource, as you want this document to be secure, so that the time and effort you invest in your screenplay is not wasted, when someone else comes along and shows interest.

• If it is a public figure then you have to be careful not to write an defamatory material or reveal any intimate details of their life that would be considered an invasion of privacy. You can write the story, but you have to be very careful what you write. You might want to get an entertainment lawyer to look through the screenplay. Of course, you can always try to obtain the rights to their life story, but be prepared for some legal wrangling, even if they’re interested.
• If it is a historical figure then you’re luckier, because you cannot copyright historical facts - just make sure to tell the story in your own unique way and not based on someone else’s interpretation. the above is a general rule of thumb and legal advice on copyright issues is always a good idea.

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An option agreement signifies that you, the writer, have given exclusive permission to a production company or producer to try and setup financing and get your screenplay turned into amovie. The option agreement will specify the final sale price of your screenplayu and the amoung of time that the production company or producer has in which to do thi, normally six months to a year. A sum of money usually changes hands, anythin from $1 to $5,000 and up, but hte idea is to keep your eyes on the goal post i.e. what will your screenplay actually sell for? Always have a legal eye review any agreement like this.

A release form protects whoever is reading your screenplay. You’d be surprised how many screenplays dealing with the same theme, are circulating around Hollywood at any one time. if, whoever reads your screenplay, already has a similar project in development, they don’t want you accusing them of theft later on, when their original movie hits the multiplexes. As a general rule, no-one will read your screenplay without you signing a release form - but make sure that’s all you’re signing!

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When you get an option you can renew it. Once you get someone to to purchase the development, you should give them 5% of the above the line budget. Try to obtain as many rights as possible; film, TV, DVD, internet, VHS, audio-visual, foreign, publishing rights to the screenplay, radio, play-rights. Before you sign the option agreement, make sure you have an entertainment lawywer look at it. Pay him his fee.

When it comes to options, be conservative. You may think a year is good enough, but its not always. Make sure you have renewal options. Do your research. Make sure it’s not already optioned. Remember, anything published before 1923 is copyright free (Jane Austin, Shakespeare, etc).

As a producer you want to have a “log line” – This is the one line that explains the movie on the TV-guide. It should be fresh and unique.

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