I don’t often do this, in fact I believe this is the first time I have done it on my blog, as I like to keep things positive and uplifting here. I want to inspire others to pursue their dreams, whatever they may be, and be the best writer (or whatever) they can be. Sort of like that slogan for the Army. But to any aspiring screenwriters out there who may read these words, let me warn you about a situation that comes up time and again in the film industry.

Never, NEVER, ever, EVER, sign an agreement with an established producer, production company, or studio to write an original screenplay, or to adapt a novel into a screenplay  for NO MONEY UPFRONT.

Trust me on this. Heed my sage advice, for it is wisdom born of pain. Yes, I have been suckered in by a predatory production company once myself, back in 2009. Notice I said ONCE. And I learned (the hard way!) that having no deal is better than working under the constraints of a BAD deal.

Here’s what happened. An established indie producer of straight to video action movies liked one of my scripts. The Producer (who shall remain nameless) wanted me to write a faith-based action thriller specifically for an (at the time) aging action star they were working with. They wanted to have it set partly in Africa. So we signed a deal where I would write for no money up front, but would be paid $10,000 when the project got greenlit.

It sounded good at the time. I was a non-union writer who had written and directed a feature horror film (DELIRIUM, 2007, York Entertainment) a few years before that had lost money, and funding for my follow-up horror feature fell through in the economic crash of 2008. I was overextended at the time, and when my Investors pulled out, my company, Forsaken Media Group, collapsed. Thank God I had a day job at the time that paid well.

So this Producer and I developed a basic plot, then I wrote a logline, then a synopsis, then an outline, then I wrote the script. At every step of the process, I was in contact with the Company, as they had approval authority. I was writing the script “on assignment”, meaning I was a “writer for hire”. I did not own the script I was writing, or any of the characters therein. But that was okay by me. I was writing, and I felt confident that the script would get a green light, because the action star was big on home video in many parts of the world at the time.

A director got hired. He worked with me on the script. I learned about script notes, and how to incorporate input from others into revisions on the script without completely writing over what I felt was the true emotional core of the story being told.

I turned in the revised draft to the company. They thanked me, said they would be in touch. They never were. And when I called for an update, the exec who had been so accommodating to me was suddenly unavailable, and no longer returned my calls. Eventually, his assistant even refused to answer my emails.

Long story short, the project never happened. And I know because I watched for a couple of years to see if the movie came out with someone other than me being credited for writing it. I had all my script drafts, revisions, script notes, etc. I would have sued, and I would have won. But it never happened, so…..

If you’re in the WGA (Writers Guild of America), this will never happen to you. The Union sets the basic terms of your agreement as a member of the Guild, and real Producers, i.e., producers who are Signatory to the Guild, know they can’t do that. BHut if you’re not in the Union, well, welcome to the deep end of the pool, buddy. Are those lead weights tied to your shoes?  You know how THAT ends, right?

Listen. Professional writers GET PAID. We have a unique set of marketable skills, honed over years, sometimes decades of grueling training, education, and experience that few people have. These skills carry with them a certain monetary value. And if a Producer can pay option money to an author to get the rights to a book, a magazine article, a stage play, etc., then he/she can pay you at least SOME MONEY upfront for your work, with more being paid upon the delivery of your Main Draft. A final payment is usually made when you deliver the rewrites they ask for after the Main Draft.

This is commonly called a “Step Deal” in the industry, and it’s how things are done. The writer gets paid a portion of an already agreed-upon total amount at every completed “step” of the deal. Make sure you have an agent, literary manager, or entertainment attorney look over the contract BEFORE you sign it. Because it’s not about what’s legal. It’s not about right and wrong. It’s about what’s in the contract. And under California law, once you sign the contract, you are bound to it, right or wrong, for better or for worse. Something in there you don’t like? Oh well. You should have dealt with it BEFORE you signed your name to it.

See what I mean? Morality never even enters into it.

So how do these guys sleep at night? My guess is, quite well, actually. But here’s the rub: If a producer wants/asks/requests/demands you develop a script from an idea (which can take weeks) or to adapt a screenplay from another original source (which can take MONTHS) but they claim they can’t pay you any front money, then they’re not for real. They are either an amateur without any solid financing behind them, or they are a predator looking to exploit you and your talent. In either case, exit stage left. QUICKLY!

Writing for no money upfront means you’re working for free, and will never see a penny. And there are Producers out there willing to exploit a non-union writer with promises of paydays, IMDB credits, and more work somewhere down the road in the future to essentially get a script for free.  I hope there’s a special place in Hell for producers like this.

As I said before, real Producers don’t conduct themselves in this manner. They will either  negotiate a deal with you where you get paid at least some money up front, or they will tell you they are just starting out and don’t have funding. Sometimes, you can make an exception and negotiate a producer’s credit for yourself, along with gross profit participation in exchange for working on spec. But be careful. This is Hollywood we’re talking about, and these are definitely shark-infested wasters.

Beware, for here there be monsters.

Writing for no money is called writing “on spec”; that is, you’re writing something on the speculation you might be able to sell it later. Most writers do this on their own time to build up a “war chest” of scripts on various subjects and in different genres and budget ranges. That way, they are positioned for success when an opportunity arises. They are already poised to capitialize on the opportunity, as these windows of opportunity tend to close rapidly. Completed spec scripts can be sold or optioned themselves, or used as calling cards to the industry to be considered for hire for work on other projects.

Here’s the bottom line, folks.

The only person a screenwriter should write on spec for is him/her self. No one else. No exceptions.

Period.