Thursday, August 8, 2013

What is Motion Picture Development?

As announced earlier I'm facilitating TD Jakes' International Faith and Family Film Festival Short Treatment Contest. (I'm also presenting two workshops at the event, August 30, 31, in Dallas.) The winner of the treatment writing contest will be offered a motion picture development deal with TD Jakes Enterprises. 

One entrant asked what "Development" entailed. Here was my response. NOTE THAT WHAT I DESCRIBE BELOW IS NOT NECESSARILY THE PATH TDJE WILL FOLLOW. ANYTHING IS POSSIBLE. WHAT'S BELOW IS INDUSTRY TYPICAL.  ALTHOUGH "TYPICAL" DOES NOT DESCRIBE THE MOTION PICTURE INDUSTRY.

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Development of a motion picture can take years. The process begins with a story idea, such as the selection of a treatment that has been submitted for the IFFFF Short Treatment Contest. Development typically involves the following steps, but not necessarily in this order:

a. The writer (you) and the Executive Producer (EP, e.g. TDJE) would sign an "Option-Purchase Agreement" that would temporarily transfer ownership of the story and script (referred to an the Intellectual Property (IP), to the EP for a period of three years.  The OP Agreement is in two parts. Part A is the Agreement for the EP to try to get the story through development and into pre-production. For that the writer is paid a small fee. Part B of the Agreement for the EP to purchase all rights in perpetuity to the story, for a larger fee. The Purchase is not executed until the EP is absolutely sure the story will actually get produced, usually on the first day of principal photography.  If the story cannot be fully developed and entered into production, the ownership of the IP reverts back to the writer, and the writer keeps the option fees.  

b. There may also be an over all "Development Agreement" with the writer, wherein the writer is hired to help develop and write the story and the script. But, like the OP Agreement, signing a development agreement is no guarantee that the project will eventually get made into a movie. It is often the case that multiple writers and script story-consultant are involved. The EP pays all costs.

c. Working with a team of story experts the story idea (or original draft of the script) is "broken" or "broken down" or "beat out". That is the story is formally structured to meet the demands of a mainstream movie.

d. The story or script is then written and rewritten (over and over) to make it so good that others will want to be part of the project, and agree to "attach" themselves to the effort.

There are both technical (objective) and aesthetic (subjective) aspects to the above two steps.

e. The EP then attempts to "attach" to the project a line producer, production manager, director, and principal actors. With each attachment (a task that is subjectively dependent on the opinion and taste of the various parties) the script will go through another revision as each person that comes onto the project will make suggestions.

f. The EP will search out and attach funding from a combination of private equity, production entities (studios), and distributors. This may involve writing a business plan and creating preliminary marketing materials.  This step can be long and finding the money very elusive.

g. Along the way, all parties sign "Deal Memos" that confirm the parameters of the parties' involvement in making the picture. Deal Memos are short letters that precede formal contracts that are not signed until pre-production begins, which is the stage following development and just before production. Pre-production does not begin until all the deal memos are signed and the executive producer (and TDJE) agrees to actually make the picture. The approval to proceed with production is called a "Greenlight."

h. It is sometime during the above stages that the "Option Agreement" is executed and the actual sales of the intellectual property (the story and script) is transferred permanently to the executive producer and the writer is paid his or her purchase fee.

Yes, it can take years, and not thing is guaranteed.  Welcome to "Development Hell." 

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