Charlie Productions : Get Paid For Writing A Script

Or what to do if it all goes wrong...

Everything was going so nicely wasn't it. You'd met up with this guy who had this idea and liked your stuff and wanted you to write it for him and he was even going to pay you a sum of actual money for it! So you write it and then...

When money fails to appear at the end of a job it can be a deeply depressing feeling. Whilst at first you might sigh with relief that at least you weren't working on a multi-million dollar budget and instead of not receiving fifty thousand you've not received a couple of hundred it will soon occour to you that if you had been working for big sums it would be worth your while taking your ex-client to law and using the blunt legal instruments available to commit acts of GBH against their bank account and public esteem. Your small sum is, in fact, further from your reach than the big sum, after all does the principle of the thing matter so much to you that you are willing to pay legal fees easily doubling what you are actually owed? Besides even if you are willing to do this you probably won't be financially able (otherwise why are you writing for peanuts?)

So what do you do?
Well I must admit that I found myself in a similar (if not identical) position to this. I asked for help on the Writers Network, a daily email list for writers run by the fantastic people behind Shooting People (a similar list for film makers).

I just want to make it clear that the following is simply the opinions of people working in the industry. These are not the views of people with legal training and I am not endorsing any of this as necessarily the right way to go about solving your problems. Charlie Productions Ltd, it's associates and members and the people who have offered this advice take no responsibility for the consequences of your actions. (DON'T BE STUPID, SOME OF THIS ADVICE IS USEFUL, SOME OF IT IS FUNNY - IT IS BAD AND WRONG TO STEAL OR COMMIT ACTS OF VIOLENCE AGAINST PEOPLE OR PROPERTY).

Anyway, this is the advice I got...

Small claims
Small claims court will deal with sums like that. If you're on legal aid and this guy isn't, then he CAN'T WIN, or rather, you can't lose because you'll pay for none of your legal costs. But it does seem like using a shotgun on a mosquito, although even threatening the git with that might work.

Bankruptcy
Write to the debtor telling him that you will issue a bankruptcy order against him if the sum is not paid immediately and point out that failure to comply with the bankruptcy order by not paying the sum will leave him an Official Bankrupt for 7 years, unable to be a Company Director, get credit, rent office accommodation, get a loan or a mortgage and screw his credit rating FOREVER which will seriously interrupt his film career aspirations. If worst comes to worst, it only costs about ?14 to get a Solicitor to actually issue it and he is liable to pay those costs, too, Then he has seven days to comply before you get a Default Judgement and can send in the bailiffs to take property to the value of the debt plus costs, "attach" his bank account or wages to get payment. Also have a look at: http://www.lawsoc.org.uk. however the mere threat of it got me ?450 a trade magazine publisher was "reluctant" to give me for two articles I wrote.

Take it back.
Is the script copyrighted to you? If so, pull it.

Do you know IF, or WHO, this guy wants to take this film to? If so, ring them up and try to speak to his contact and idly wonder if they know he doesn't actually own the script.

Make sure that on the second page of a script, after the title page, put your copyright and also this wording: "The right of [you] to be identified as the Author of this work has been asserted by [him] in accordance with the Copyright, Designs and Patents Act 1988".

ALWAYS send to yourself a copy, by Recorded Delivery (costs a few pounds only), of ANY screenplay you offer to a third party and keep it UNOPENED in a file cabinet; then you have a receipt with a serial number showing when you posted it should you need to take any further action.

Name and Shame
Curse these bastards who treat us writers like shit.

First things first...do you have any sort of contract with ths guy? If so, then he's honour bound to pay up (and a wee trip to CAB would help)...

Failing that post his name and production company name (if any) on the shooters mailing list, the raindance bulletin board, and the netribution mailing list. Blacklisiting is all you can do if you don't have a contract. Failing that, the postage on letter bombs is relatively cheap!

I would suggest that if you know any mutual acquaintances that you gently slip to them that the guy can't be trusted (always making sure that you have to get them to ask you why) and then shove his name in the dust. Most people in this industry get by on reputation and that fact that a lot of people don't know what scumbags they are. If the guy is a member of ANY trade guilds or unions threaten, then actualy DO, ring them up and let them know what's going on.

Threaten to report the wannabe to Bectu, Pact, Writers Guild of GB and the Personal Managers Association (reps all UK agents) who will then all publish this name as an unfair bastard etc. - make sure you hit all these orgs as this person will find that very unpleasant, his/her name will be v.bad

The fear of God
This is one I used before getting a proper agent...get a friend with a mobile to 'be your agent', try a bit of hardballing. Drop a few names, y'know "according to Simon Beaufoy...or Mathew Vaughn reckoned...". All pointlessly unneccessary, but may just rattle the cages. Of course, even after it's all resolved...name and shame anyway...people who try and shaft the creatives deserve to be burnt at the stake!

Inform him that you are going to have to take legal action against him if he doesn't want to settle the, what I assume must be if he is just refusing to pay, verbal agreement with you. He must be aware of the copyright laws of this country.

And also do everything you can to bring together evidence that the material he is now in possession of, or has access to, is yours. The more 'witnesses' that are less known to you that can vouch for your agreement with him, the better. Then if he still won't actually sort you out then speak to a solicitor. They will inform you whether your case will hold any water. As you say, your bank account is pretty shagged at the moment but a lot of solicitors are starting to hold free 'surgeries', wherein you can have a quick chat with an advisor/solicitor and they will give you advice on whether you should take this prick on. Ring around a few to see if they do it in your area. AND, let everybody on Shooting People know who the little dipshit is. He won't do it again.

Stealing
If you're still in contact with this guy, say everything's fine, then go round to his house and TAKE something. Nothing really bad, like an iron lung, but something you can sell. It's been done before. It all depends on whether or not he'll (a) call the police or (b) beat you up.

Violence
Sorry to hear you've been ripped off. Go and kick the tosser's bollocks in. Won't pay the rent but it will be something to laugh about in the pub.

My mate Big Dave said he could extrct this guys money and all his teeth for 30 quid.

Help
The Northern Film Network represents filmmakers in the North (mainly Manchester, Liverpool). They have a team of lawyers who can sort this sort of stuff out. So if you live in our arera we can help sort it out. Northern Film Network.

This page has been compiled with the kind assistance of
"Scarfeworld", Rai Davies, Nat Sones, Stuart Urban, "Peter", The Northern Film Network and Simon Alison.

Charlie Productions believe passionately in doing things and always trying to stop in time for tea.
Brook House Design Studios, Bluebridge Road, Brookmans Park, Herts AL9 7SX
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