Amazon Studios is serious about making movies. To do that, we need to have a contract with you, and that contract has to give us the option to buy the rights to make a movie. An option is the right to buy a script or movie. It is what producers typically offer writers whose scripts they want to produce. (If you have a long career as a screenwriter, you will become quite familiar with options.)
By uploading your original script or movie, you give Amazon Studios an exclusive option to buy it for $200,000. This lasts for 18 months (or 36 if we pay you $10,000 to extend it). During the option period, you keep your copyrights to your original script or movie. It is true that by giving us an exclusive option you cannot sell it to another producer in that 18 (or 36) months. However, if we don’t buy it in that period, then we lose our right to buy it from you and you can shop it around to other producers.
If we do buy your original script or movie, that money is on top of any awards that you may win for Amazon Studios contests (http://studios.amazon.com/contests). That award money is completely separate from rights payments.
*** We don’t own your original scripts or movies unless we buy them from you.***
If we release your original script or movie as a full budget theatrical film, you (and your writing partner, if any) will get the $200,000 option payment. As mentioned above, this is totally separate from any contest award money you may have received. If we pay you the $200,000 option payment, then we have purchased your original script or movie from you. If a movie based on your original script or movie earns $60 million at the US box office in its initial release, you get a further bonus of $400,000. The normal approach in option agreements is to give the writer a small “net profit” participation in the movie, which guarantees nothing. The bonus in our agreement is large and clear. If you pick up Variety one day and it says that the movie we released based on your original script or movie made $60 million at the US box office, then you will get $400,000.
*** There is no scenario where someone can claim any of your rights money by revising your original script or movie.***
If someone creates a revised version of an original script or movie, they may be eligible for up to 50% of any contest winnings. But rights payments are not shared. If a theatrical movie is released from an original script or movie on Amazon Studios, the creator of the original script or movie gets 100% of the rights payments. People who are revising material or making test movies are going for award money (which can be substantial) and are helping someone else get their movie made. But they are not sharing in the rights money. There’s a lot of award money for people who revise scripts or make test movies.
We’ve had some questions about the length of the option and whether it could be less than 18 months. The bottom line is that Amazon Studios is a process and it can take time. Getting feedback, having test movies made, seeing how the story plays on video, maybe revising if appropriate, will probably need more than a few months to play out. If you have someone who wants to produce your script as it is right now, and you think the script is ready for that, then you should probably see how that pans out before uploading to Amazon Studios.
This post is intended to be a helpful summary of some major points in the Development Agreement (http://studios.amazon.com/help/development-agreement) and Contest Rules (http://studios.amazon.com/help/contest-terms-and-procedures) but is not intended to replace reading them and is not a part of them. Please read them before submitting your scripts or movies.
A recent on line blog is really saying some negative things about this project. You might want to read this and reply publicily....
http://artfulwriter.com/?p=1103
Thanks for the clarification. That really helps put your development agreement in a better perspective.
Thanks for explaining portions of the agreement. I have written a blog post that provides some constructive comments about the Development Agreement.
You can see it at:
"Open Letter to Amazon Studios"
http://bit.ly/to-Amazon-Studios
Hope that helps make this entire process more successful for Amazon and for the screenwriters who submit their scripts here.
Hal Croasmun
This explanation helps a lot, thank you for taking the time to respond to peoples concerns. I have one little nagging question though, and this could perhaps be answered by any of the pro wga kind of script writers lurking in the forums.
After 18-months Amazon loses "exclusive" rights to a submitted script (if they don't extend their option for $10,000), but does Amazon still maintain any other kind of of "non-exclusive rights"? If so, what rights and for how long?
thanks,
Chris
Hey Chris, If I'm not mistaken, to answer your question, Amazon doesn't lose exclusive rights, in their agreement it says it will grant you back "non-exclusive" rights if they decide not to produce your project. You can still go and shop your script/movie around and if you happen to get it made, Amazon can still distribute your film via their website, but not on DVD or Theatrical. So basically, just by uploading your movie or script on the site you automatically lose the exclusive rights.
That is the understanding I have, if anyone else want to chime in please do so and I would also advise you to Read the Agreement in its full context to get a better understanding.
As far as for how long they can distribute your film, well here's a quote from part of the agreement..."The right to show and distribute it (and scripts and movies based on it) forever."
Hope this help, and thank you Amazon for addressing and clarifying a few things above.
I still don't understand what happens if you submit a script based on a book that you wrote. Are your rights to the publication, promotion, marketing and distribution of your book affected by the Amazon Studio Development Agreement?
What if you want to turn your screenplay into a novel? Can you do this after submitting to Amazon Studios?
Amazon Studios: With all due respect, you can not have an exclusive option without compensation. By your own words, this is only done when a producer has selected a script he wants to produce. Again, you can not have option rights just by the act of submission. No one in Hollywood demands option rights just by the mere act of evaluating a script. Scream as much as you want and repeat yourself a million times, but the demand for an exclusive option is not needed and is totally unacceptable to the writing community .
Further, screenplays are covered by copyright law because they are intellectual property. No one but the property owner, the copyright owner can revise, change at will the copyrighted property but the owner. Amazon Studios, you have created a lot of animosity by making demands that violate standard norms that have been established in Hollywood to protect writers for years. For you to be successful as a producer, you have to, you must change your approach, don't attempt to dilute copyright property law, step beyond established norms, take advantage of unknowing people. You need the cooperation and interest of good writers to be successful as a producer, and it simply won't happen under your current plan. As newcomers, you need to consult with experienced, knowlegeable people outside your company before you finalize your plan. Be smart, take consultation, and create a concept that wins the support of writers, maybe even creates enthusiasm. Don't piss off the the very people you need to make your dream successful.
Your post above contradicts the terms quoted below. Please clarify.
6.1.2. "You grant us a worldwide, royalty-free (except as specifically provided in Sections 6.4 and 9 below), non-terminable, sub-licensable, transferable right, DURING AND AFTER THE LICENSE PERIOD (WIHOUT EXERCISING THE OPTION), to (a) copy, transfer, stream, sell, rent, make available for download and otherwise exploit and distribute any Original Property you contribute to Amazon Studios and all Derivative Works created during the License Period in any and all media, formats and modes now known or later invented, including, without limitation, via all online and digital formats, and to condense, reformat, edit, translate, add subtitles, audio and credits to and make other distribution-related modifications to the Original Property and the Derivative Works as we desire to facilitate such exploitation and distribution, such rights to specifically exclude, however, release as a book or "novelization" , use in an advertisement that is not related to a distribution permitted in this Section 6.1.2, release in DVD or Blu-ray format or as an "a la carte" sale or rental though an online service that charges a distinct, one-time sale or rental fee for access to the Original Property or Derivative Works, release in cinemas as a theatrical feature film and airing on a linear broadcast or cable television channel; and (b) in addition, to make clips from the Original Property and the Derivative Works of up to 10 minutes in length and distribute the clips in all other media and formats, now known or later invented, including but not limited to broadcast and cable television and theatrical films (these rights, collectively, our "Content Distribution Rights"). "
Well put, Michael.
Amazon's legal team is essentially pulling every script that is submitted to them off the market for 18 months, and once that expires, you can bet the first question when shopping your project will be: did you submit this to Amazon? And you can also bet that if you say yes, there's not an agent or company who's going to want to deal with the hassle of negotiating with Amazon, who's sitting idly by waiting to exert their leverage once you as the writer hustle to get your script made. It's a win-win for Amazon. I'm all for innovation and the free-market, but when you've gotta 75 Billion dollar company with a too-big-to-fail size balance sheet, throwing unprecedented terms at writers by blindly optioning scripts for zero money while claiming the venture to be a help to new writers, is dishonest at best and fraud at worst.
A lot of people just don't get what Amazon Studios is offering. I see a lot of legal voodoo being spouted here by people who I am suspecting have not read the FAQ or the fine print.
Amazon Studios is essentially running a screen writing contest with a twist. If you think your script has value in the script market, then don't post it here. If you think people will steal your script or ideas, then don't post it here.
Most writers have more than one script they are working on, and a lot of the scripts writers create are needing a lot more work, inspiration, ideas and direction with them to really make them something of value. heck, a lame script posted here and if someone rewrites it so that it really works, and if it wins...well that is money that you would not ever get for that script.
I am seeing a lot of bloggers and reviewers put down Amazon Studios, mostly because it threatens the union writers establishment in the film biz. Did you not see the intro movie? Amazon is bybassing the Hollywood unions and opening up the system to everyone. Way go to Amazon!
In parting, I think what Amazon is doing will be the trend for all production companies in the future. They will simply use an open source like system to allow people to create and be part of an amazing industry.
If you think Amazon is here to rob you, then leave and don't look back. For the rest of us who stay, do you know what a huge opportunity this really is? It is much larger than just writing scripts and winning money. Much larger!!
Mark Vetanen
If you wrote a book and the book rights are sold, then you don't own the rights to the script based on the book. It would then be a violation not only of the terms of Amazon Studios, but violation of copyright law, and the contract with the book company you sold your book to.
Simply put, if you don't own it then don't post it.
"Amazon Studios is serious about making movies. To do that, we need to have a contract with you, and that contract has to give us the option to buy the rights to make a movie. An option is the right to buy a script or movie. It is what producers typically offer writers whose scripts they want to produce. (If you have a long career as a screenwriter, you will become quite familiar with options.)"
The is not correct, regarding the legal definition of an option.
An option is not "the right to buy a script or movie" and you do not "need to have a contract with you, and that contract has to give us the option to buy the rights to make a movie" in order to make movies.
Anyone can buy a script or movie. The true purpose of an option is merely so that "you cannot sell it to another producer in that 18 (or 36) months," as you put it the very next paragraph.
To say "If you have a long career as a screenwriter, you will become quite familiar with options" immediately after incorrectly defining the purpose of an option is oddly condescending, and only furthers the notion that you are purposely misleading those who don't know how an option works.
It is definitively false that an option is required in order to purchase a script. I would recommend that Amazon not post misleading statements like these, because it only increases the chances that this Amazon Studios contract will result in lawsuits.
This website is a fictional work.
Mark, I agree this Amazon Studios concept is a great market for lame scripts, not for talented writers.
Michael, it's fine if you disagree with Amazon and their business model. However, calling the over 1000 artists that have projects on Amazon "not talented" or "lame" as a blanket statement is really offensive.
It is true that there are writers here with many different backgrounds and skill levels. There are projects that are camera-ready and others that still need a draft or two. But the people that created them are risking a lot by posting them. The are braving the criticism of their peers. They gambling on the commercial model of Amazon. And most of all, they are enduring the deep scrutiny of a professional screenwriter as their judge.
Rather than thumbing your nose on the sidelines, why don't you take a script from your library of brilliantly written tomes (sure there must be one that isn't under option to a major studio today) and submit it. Rather than hiding in the shadows of an empty profile, why don't you let others judge you and lets see how you measure up?
Writers complain about no opportunities to break in, nobody is buying specs, there's no entry path for filmmakers into the business. Amazon shows up with 2.7 million to hand out to ... writers and filmmakers. With a path for some to production. With Warner Brothers on board for a first look.
Everyone complains it's not perfect. Well, don't enter.
I've spoken to writers in this contest with a long list of IMDB credits... Nicholl semifinalists. I've had two scripts optioned personally, won several contests, and have a feature headed into production. Judges will go through and sort out the material and see what has potential.
A shot at $20,000 plus $200,000 more if the film is made PLUS more if it's successful. That's a real opportunity to me.
I have no intention on moving to Los Angeles and working as a flunkie for ten years hoping to catch a break. How about I catch it here instead?
You don't like it, don't enter and good luck to you. But since you're one of those talented writers with a non-lame script, you don't need the luck part.
I'm not going to withdraw work that is already well-placed. There are many other options for screenwriters that do not require giving away precious ownership rights. Of course, if you feel you're
screenplay is basically junk, and you're desperate, tired of your scripts sitting around, then maybe this Amazon thing makes sense. It's a good place to list junk. Good luck to all those who list their junk.
This is just to clarify (correct) a previous comment about adapting your novel to a screenplay.
If you have written a novel and you have sold the literary rights to a publisher (as I have), that does not necessarily mean that you have sold the movie rights. You must check your contract. My publisher's rights to my novel EXCLUDE movie, television, and other such rights. That means, if I want to adapt it into a screenplay, I can do so at my discretion. I've verified this by reading my contract and checking with my literary agent.
So, read your contract. If you didn't sell the movie rights, you still retain them and are free adapt your book to a screenplay.
>>However, if we don’t buy it in that period, then we lose our right to buy it from you and you can shop it around to other producers. <<
That statement is propaganda IMHO. The post which started this thread from "Amazon Studios" completely sidesteps the rights Amazon retains in perpetuity over any submitted project after expiration of the option period, see Section 6.1.2. of the Development Agreement. THAT THE PROBLEM WRITERS HAVE WITH YOUR TOS. Your post just blows smoke by attempting to obfuscate the issue. Some may complain about the uncompensated 18 month option. Although the length is long, uncompensated options for writers lacking full WGA membership is not uncommon. What is unprecedented is Amazon making a flowery pitch to hungry writers and then asserting permanent rights over any script or film submitted to them. I'm not aware of another screenwriting contest in America that works in that fashion.
"Amazon Studios", you need to clarify and restrict the abusive terms of Section 6.1.2. of the development agreement. Merely submitting a script to Amazon Studios forever cedes certain property rights from the writer to Amazon after expiration of the 18 month option period. That's ridiculous!
Are there any attorneys on this thread?
According to the Development Agreement, "...such rights to specifically exclude, however, release as a book or "novelization"
This appears to mean that you can maintain book rights to a script that you submit to Amazon Studios. As a published author, I believe that I still have the right to write and submit a screenplay based on my book. Film rights are generally negotiable.
That said, I am considering posting one of my scripts that has not yet been novelized. But I would like to know whether still have the right to do so.
Thanks for your comments. (I would especially like to hear from a representative from Amazon Studios on this matter, or an attorney with intellectual property experience).
Its not so bad, but the agreement does violate our privacy as writers, since it allows users to view our media when it is supposed to be privately between the writer and Amazon or a production company.
They need to incorporate features such as these website have done to protect our privaacy.
Scripped.com has a public or private feature which determines whoms sees the content in questions, we can use this feature on Amazon to restrict the public use of our uploads and predetermine the use solely for Amazon Studio
Monster.com, yeah its true they divinde their users into two division, Job seeker and Employers, Amazon Studios can use this feature for direct market to production com[anies and Agent Agrreing to by our uploads that are placed in private for their viewing priviledges...
Michael & everyone in an uproar.
Okay, first let me start by bringing a little clarity to the situation. My name is Joshua or Déous which is my professional name. I own a company called AREA 51 Productions. www.area51productionsllc.com. I have listened as some of you have complained about the rules and other aspects of Amazon studios. First, Michael was extremely rude to call anyone’s work a piece of crap. I don't care what your status is or who you are. I can't stand people who want to complain or cause strife but want to hide behind an empty profile. That is why I provided the website and subsequent contact information on my profile. Personally I think a picture of some kind should be required for setting up a profile. That having been said lets bring a little perspective to everyone's skepticism.
1. Nobody’s work should be called lame or anything negative. There are many writers with many different abilities and skill levels. For example: I would not consider myself a polished screenplay writer. But that's why I have editors. I like the example of throwing up on the page and then going back and having to clean up the mess. I consider myself a storyteller and a visionary. I write a story, and create a rough script and then I hand it off to people to polish it. In the case of WE WERE VAMPIRE I have a great deal invested into the story and even more that is not published for the security of my script.
2. As far as Amazon studios is concerned let me share my take on this. Amazon is trying to do a great thing. Sure there will be bumps in the road. Like any company, they have to have a legal base to start from. I really don't think a multibillion-dollar company is looking to screw the writers over. It would be no different in Hollywood if you sold the script to a major studio. In fact a lot of studios will simply buy out the script for the blanket price and then make it. And the script writer doesn't see a dime after selling it. Exceptions to this rule are the writers who can also produce their own film. As a business owner I can see the great potential here. I myself am not really worried about Amazon. Think about this for a minute, if they were to screw over a writer it would become national news, Amazon studios would ultimately hurt themselves because everyone would stop submitting their work.
3. I really feel we should worry more about our own projects and building a solid community as opposed to all of the what if that I'm sure Amazon hasn’t even considered yet. Look at it this way by the end of 2011 we will know as to whether Amazon studios is even going to be around. Till then let's take them at their word and give them a chance to prove themselves. Let's not forget that Amazon studios is taking a huge risk themselves and asking anyone to put their work.
Thank you and let's have a safe and happy holiday,
Déous
Executive Producer
Area 51 Productions
1, Not using your real name? Because you know you'll be like the guy that wrote the NEWSWEEK article in 1995 saying online retailing would never work.
2. If you're looking for a better opportunity as a new writer or filmmakers, you won't find it. I've spent $2,000 each year the last two years entering contests. Won about $10,000 in cash and prizes. Nothing near the opportunity this contest presents.
3. You don't like the deal, don't enter. Free country.
The REAL objection to this contest is like bookstore owners showing up to bash Kindle. "Don't change the game. We're doing fine. You stay where you are. IF you want to join the game, throw money at us and we'll like you." I get it. People act in a manner consistent with what they perceive to be their own best interest. For some of us, that's being here and giving it a shot!
@ Déous
Granted things move at a slow pace when starting a new business, but personally, the below doesn’t sound like a “work it now and fix it later” scenario. Everything else I can handle, the rewrites, the 18 (possible 36) month option and even the lack of credit if you win, but I worry about what happens after the option is over and you shop out the script to production companies.
Right to Use Original Properties and Derivative Works During and After the License Period. You grant us a worldwide, royalty-free (except as specifically provided in Sections 6.4 and 9 below), non-terminable, sub-licensable, transferable right, during and after the License Period (without exercising the Option), to (a) copy, transfer, stream, sell, rent, make available for download and otherwise exploit and distribute any Original Property you contribute to Amazon Studios and all Derivative Works created during the License Period in any and all media, formats and modes now known or later invented, including, without limitation, via all online and digital formats, and to condense, reformat, edit, translate, add subtitles, audio and credits to and make other distribution-related modifications to the Original Property and the Derivative Works as we desire to facilitate such exploitation and distribution, such rights to specifically exclude, however, release as a book or "novelization" , use in an advertisement...blah, blah, blah.
