Script Optioning Question

[BroadwayBound10]

Posted: 1/16/19 at 2:22am

Can anyone provide insight or advice on this? A small theatre has expressed interest in my play and worked with me to put up some scenes from the show a few months ago. Now they are asking me to work on the show this year (with script meetings etc) for a possible run at the end of the year but they have not optioned the play. I have no manager, so I’m doing this on my own. Should I be meeting with this theatre without an option?

[HogansHero]

Posted: 1/16/19 at 8:04am

With the caveat you should get legal advice  and not rely on what you read on the internet (and there are low or no cost possibilities for this) I see two reasons for an option agreement: 1. to give the theatre protection against someone else producing the play after they have expended energy. 2. to give the playwright some money.  (An option does not ensure that you will not waste your time with the company.) Obviously, the first is not a matter of concern to you. Regarding the second, I am guessing they don't have a lot of excess money floating around so in effect you are tying up your play (someone else could approach you) for what would at best be a nominal sum. So I think most people in this situation would do whatever they do based on "spec" but you have to decide what you want to do. 

[BroadwayBound10]

Posted: 1/16/19 at 1:52pm

That makes sense. My main concern is the time Im being asked to spend on the piece with no compensation, but youre right, the fee wouldnt be very large anyways and all it would do is prevent someone else from producing it. But I do wonder what I am gaining from continuing to meet with them?

[SomethingPeculiar]

Posted: 1/16/19 at 2:30pm

Any edits you're doing now can make the play more viable for future productions –– so even if this theatre doesn't produce it, you're at a better place than when you started!

You could suggest that developmental work be done pro bono, and in return this theatre receives no compensation/credit on future productions. But you should have an agreed-upon date when the theatre must decide on a full production, and set the terms now for author compensation on a full production. Not the most official way of going about things, but it covers your back and theirs if you get past the developmental phase.

As Hogan said, a lawyer or friendly agent may have better ideas.

[GavestonPS]

Posted: 1/16/19 at 6:56pm

The Dramatists Guild is your friend.

You can become an associate member just by having completed a full-length play and paying your dues ($90/year). (Sounds like you already did the former.)

You get various benefits in return, some of which are hard to use if you don't live near NYC. HOWEVER, what would be useful to you now are (a) the chance to view sample contracts; and (b) access to the Business Department of the Guild.

Full disclosure: most of my work has been for lyric theater that was covered under different types of contracts, but based on stories I've read and in addition to the advice you were given above, you may need the protection afforded by a contract. 

There are issues beyond immediate compensation including whether the theater that offers you the "opportunity" to develop your work can later claim a part ownership in it. If the play goes on to commercial success, can the actors and/or creative personnel claim they are owed compensation for helping to "create" it; if so, does that compensation come from YOU or from the THEATER. The Guild has taken very strong, pro-author positions on these questions.

What about other media? Will the theater have the right to film scenes as they are workshopped? For private use only or can they use scenes of your play for the b-roll they pass out to the media? Will they have the right to invite audiences or journalists to "rehearsals"?

These are just some of the potential issues that occur off the top of my head. (Some of the above may not apply; it's possible I didn't understand exactly what commitment they are asking from you.)

You should be wary of any theater that is willing to commit to you without such an agreement. It protects the theater, too. Hogan's idea that you negotiate NOW the terms of any eventual full production is a wise one. What if you work with them for a year and change the play to suit them only to find they offer a full production for no compensation and with no protection of your artistic vision? Authors of plays commonly get approval rights re cast, director and designers. The old saying goes: write for film if you want money and no control; write for theater if you don't care about money, but want some control over the vision of your work.

Now, whether the time commitment is worth it is something only you can answer. But it's very hard for any new author to get a play produced these days and a fortunate few have become known because of their ongoing affiliation with a decent theater.

There are also conflicting opinions on the value of "play development". Some experts have argued convincingly that it is damaging to American playwrights, that we "develop" plays to death. You might want to do some googling for articles; I know the Dramatist's Guild has published articles on just this subject in its monthly journal. If you live anywhere near New York, I'm sure they have back copies in their library.

 

Updated On: 1/16/19 at 06:56 PM