While at first glance, the shopping agreement doesn`t seem so great for the writer, there are some advantages. – Use a business model for your purchase agreement. A manufacturer should also pay attention to the scenario in which the manufacturer does the work of the legs to provide the IP address to a buyer, but the owner does not then enter into a contract with the same buyer until after the expiry of the sales contract. A language may be added prohibiting the owner, for a specified period after the expiry of the agreement, from entering into a contract with a buyer to whom the manufacturer has previously submitted the period of investigation, unless the manufacturer is attached. Such a clause is often accepted, namely that an agreement can be reached without the manufacturer`s commitment if the property has been substantially modified since its inception. If, at the expiry of the agreement, substantial changes have been made to the investigation period or if influential talent is attached to the project, the project`s market capacity may improve and justify why an agreement was not reached until after the manufacturer`s departure. I had two shopping agreements and nothing to show (except the development of relations with the producers). But you never know. The financiers look at a lot of material. Unfortunately, most book-film projects never see the light of the world.
So if a writer has signed a purchase contract, the author has zero certainties that a project is done and has zero leverage to buy the book from other producers during the period of the shopping agreement. The writer`s hands are tied. An option contract puts at least money in the writer`s pocket. In a purchase agreement, the owner agrees to give the seller a fixed period during which he can “buy” the equipment from potential distributors, television channels, financiers and what they “buy” to get the project “on foot”. The owner and the producer agree that if the project is interested during the purchase period, they will each enter into negotiations with the interested party. The owner will negotiate the sale of the rights (perhaps an option, sometimes a direct purchase) while the manufacturer negotiates his or her agreements as a producer (or producer-exporter, co-producer, etc.). The owner and the producer also agree that neither of the two passages of a deal will bypass the other, unless the other has also made a deal. As discussed above, there are drawbacks and benefits for both purchase contracts and option agreements for each party. There is no one-time answer to the type of agreements that are preferable. While a purchase agreement often seems attractive because of its simplicity and the desire of the parties to “receive something in writing,” it can cause significant and unforeseen inconvenience to an owner or producer if the differences between the agreements are not properly taken into account. You`ve just published your first novel and you`re right to get excited.
It won`t be a bestseller, but it`s on Amazon and in selected bookstores and you`re already getting some sales. Then someone calls you to tell you that he is an independent film producer and that he wants to choose the rights to the film and television on your book. Your pulse is racing as you imagine the first red carpet and pocket money! But we have to brake. Before jumping, you should carefully consider both the manufacturer and the proposal. – Tell them what they will do specifically with your script under an SA, z.B. Pitch`s in Cannes, AFM, etc. The quality of your strategy will tell you most of what you need to know about the value of the purchase contract. At the end of the option period and extensions, the producer must either abandon the project or acquire the rights to history. In the event of an exercise, the rights to creative work are then transferred by a sales contract.