So the reason I haven't written for so long is there hasn't been anything to write about, not really. We've been hitting roadblock after roadblock, and are only just now finally getting started on developing the overall story concept and character arcs.
First roadblock was the Collaboration Agreement. I was patching an agreement together, and learned that I should have full ownership of the rights and the script, because I created the concept for the series. However, I still want to share revenue with my writer and my director, because their collaborative contributions to the project will be invaluable to me.
So, back to the drawing board on putting together an agreement, researching Copyright law to find out if a Work-For-Hire agreement (to secure ownership) can be used in conjunction with a Collaboration Agreement (to share revenue), or if the two contracts were in conflict with each other. Found a couple of free law advice sites -- TheLaw.com and Avvo.com -- but realized that I probably also need to buy a book or two on the topic of entertainment law and contracts and such. As one of the attorneys said in his reply to my question, "There's no excuse for not doing your homework."
In the meantime, collaboration with my team was on hold. So I created a short Deal Memo -- a "Meal Demo" when I'm very tired, which has been a lot lately -- containing the most important points to be included in the full agreement contracts: revenue sharing, credits, not claiming ownership until it can be negotiated under the full contract, and agreeing not to screw each other over before then.
According to the Producer's Handbook I've been reading, a Deal Memo is:
"A short written statement outlining the terms of an agreement. It outlines information regarding services, compensation, etc., and, if not used as a final contract signed by both parties, can serve as the basis for further negotiation or for preparation of a lengthier or union-required contract. Until a formal contract is drawn and signed, the deal memo is fully binding to all parties."
Schreibman, Myrl. The Indie Producer's Handbook: Creative Producing From A to Z. pg 63, "Producers Vocabulary"
So, my team agreed to the Deal Memo, and we were all set to hit the ground running, finally! So excited to shift gears from legal issues to creative brainstorming!
SCREECH!!
It didn't go, turned out we weren't on the same page about where we needed to start the discussion, and three attempts to start moving forward fell through because of this. *sigh*
I've realized a big part of this is due to my own communication with my team during this process. I have so many ideas in my head, but we haven't yet had a proper opportunity to fully discuss all of this. So I was only giving a small portion of my ideas, which made it look as though I was trying to start the process in the wrong place, when I've already done that part of the work in my own mind.
I wanted to see what their ideas were also, mesh them with my own, so as not to squash their creative processes and shut off the collaborative process. But maybe it's better for me, as producer and creator, to just put all of my ideas out there and ask for their suggestions and ideas to further develop and improve what I've already brought to the table, instead of the three of us developing it together from "the beginning". My writer has already decided not to put in any ideas of her own at this time, and just be a sponge for a while.
We've also been having difficulty with all of us being available at the same time for a face-to-face meeting, but with any luck, we'll actually get to have that meeting next week. Unless life decides to unexpectedly throw it's wrench into the works again.
My director gave me and my writer the go ahead to begin discussion over the phone without him, so we finally did get a little bit of work done, at last.
Yeah, so, anyhow, that's what's been going on.
Oh, and the answer I got from the attorneys at the free sites was that yes, I can use both a "Work-For-Hire" contract and a Collaboration Agreement.
