screenwriter how much percentage gets a lawyer for a contract

by Casandra Jacobson III 9 min read

While most managers get 10%, that's not fixed by law the way it is with agents. You can also pay attorneys by the hour — but they're well worth the 5%. You generally don't write a check for your agent and attorney — that money is deducted by the agency when they collect from the studio for you.Dec 18, 2008

How much do screenwriters get paid for selling a screenplay?

But you don’t get all that at once. Payments for selling a screenplay are done through installments: That means that the original treatment will get you $32,922. But, whether or not you write the script or another draft after that is completely up to the studio. They don't have to hire you again.

Is a TV writer salary more lucrative than a feature screenwriter salary?

But for a staff-writer on an ongoing show with numerous episodes per season, they can come much more frequently than for features. A TV writer salary, therefore, is potentially more lucrative than a feature screenwriter salary. It’s also worth noting that the “low” and “high” budget split does not apply to TV.

Do screenwriters get paid more if they are in the WGA?

Being in the WGA essentially guarantees that you will be paid a higher screenwriter salary than if you’re not in the guild. This is because they have an established list of “minimums.” That is, the minimum amount a company or producer can pay a writer for any given project.

What is a fixed screenwriter salary?

The truth is, there’s no such thing as a fixed screenwriter salary. In other words, the kind you might expect to find in a more traditional industry like medicine or hospitality. Rather than the fixed yearly salaries workers receive in traditional industries, screenwriters are paid on a freelance, ad-hoc basis.

What percentage does a screenwriter get?

The percentage a screenwriter receives is determined by the terms of the sale agreement of the script. But the majority of screenwriters get paid between 2% and 3% of the production budget of the film.

Do screenwriters need lawyers?

Any working screenwriter must have a lawyer to handle the business affairs, it's a necessary step to protecting your career and is part of being a professional. Some entertainment lawyers charge by the hour and others charge a flat 5% of your income from your screenplay sale or writing assignment.

How much does a screenwriter get paid per script?

Per the Writers Guild of America West, the minimum amount a script writer can get paid for a low budget (less than $5 million) feature-length film excluding treatment is $41,740. For a high-budget film (exceeding $5 million), the minimum amount a script writer can get paid is $85,902.

Do screenwriters get contracts?

Screenwriting is a business, and businesses run on contractual agreements. These agreements help define the business relationship between screenwriters and the people they work with. If you don't define your business relationships, there may be little or no recourse when problems arise.

What does an agent do for a screenwriter?

Screenplay agents are brokers who negotiate deals between screenwriters and the people who buy screenplays such as producers, studio executives and financiers. However, screenplay agents aren't just looking for great writers with great material.

What does a screenplay manager do?

Managers assist you in developing your scripts and samples, make sure you're working on the right material, assess what the next best step is for you, and can help you find an agent.

How much Netflix pays for a script?

Breaking these deals down based on a writer's screen credits shows a $200,000 premium for writers with two or more screen credits as compared to those writers with no screen credits....Screen Compensation Guide for Streaming Services.StreamerMedianMaximum ReportedNetflix$150,000$1,600,0001 more row•Oct 6, 2021

Do screenwriters get paid upfront?

Screenwriters get paid upfront for half of the work before they start as a form of collateral, because unfortunately without it, a screenwriter might not be paid fairly. Usually, a screenwriter gets paid in chunks, so it could be years before the last chunk finally comes in.

How much does a first screenplay sell for?

If you sell a treatment, you should expect around $15,000 on the front end and $30,000 on the back-end. Finally, if you manage to sell a screenplay, you should receive at least $40,000 upfront and $75,000 on the back-end. The front-end means the money you will get at the point of sale as soon as the deal closes.

How do screenwriters get paid?

The screenwriter salary starts with the story Really, there's no fixed, clear answer to screenwriter salary. Most screenwriters don't take home a bi-weekly paycheck for the same amount of money every pay period. Instead, they work on the freelance, ad-hoc model found in many creative industries.

How do you negotiate a screenplay?

Ask for better terms if a film producer asks for it. At the very least, ask for an option amount and period at least the same as the initial option. You are within your rights to negotiate a higher total amount (especially upfront) and a shorter option period. Never go lower, unless there is really good reason.

Do screenwriters get bonuses?

There are numerous types of bonuses in screenwriter contracts, in addition to a typical percentage of net proceeds which is often referred to as “points.” While “Hollywood accounting” has often meant that a negotiated share of net proceeds may never result in actual compensation to the writer, contingent bonuses can ...

What is the minimum amount a company can pay a writer for a project?

By guild standards, this is defined as any film with a budget below 5 million dollars.

How long does it take to get paid to write a script?

Similarly, if the script you’re being paid to write has to be completed within, say, six weeks , you’ll get more money than one with a six-month deadline.

What to do if your TV writer doesn't offer to do so?

The TV writer and screenwriter salary contract. First, if your employer doesn’t immediately offer to do so, it’s important to ask for a contract or “deal memo” to be drawn up. This will make firm the project’s expectations and deadlines, as well as the amount you’re to be paid. If you don’t have representation in the form of an agent or a manager, ...

What is spec script?

“speculative” screenplays, are usually wholly original stories which writers toil away sans charge in the hopes of selling to the aforementioned companies. Some of Hollywood’s most enduring classics started as spec scripts. Films such as Butch Cassidy and the Sundance Kid, Thelma & Louise and Good Will Hunting, were all written “on spec.”

What is the WGA for screenwriters?

The first comprises members of the Writer’s Guild of America (WGA). The second comprises those who aren’t.

Is a TV writer more lucrative than a feature screenwriter?

But for a staff-writer on an ongoing show with numerous episodes per season, they can come much more frequently than for features. A TV writer salary, therefore, is potentially more lucrative than a feature screenwriter salary. It’s also worth noting that the “low” and “high” budget split does not apply to TV.

Can a screenwriter join the WGA?

A screenwriter salary as a WGA member. Once you sell a script or are hired to write one by a signatory company, you’ll be forced to join the WGA and contacted by them to fill out the relevant paperwork. (You can, of course, expedite the process by contacting them first.)

Perspective and Context

First and foremost, you do need at least an entertainment lawyer — preferably along with an agent — to negotiate a contract with any major studio or major production company, with very few exceptions.

The Wild West of the Film Industry

We read about the deals and goings-on of screenwriters, representation signings, producers, and production companies in the trades. Even though the trades write about such deals each and every week, there are double or triple the amount of deals happening on the fringe of the film industry that are never reported.

The Indie Market

Independent films began to take on a whole new meaning — with much more grandeur — when the 1990s indie boom hit. The indie market has become the direct secondary market to Hollywood. It has created a shift in how films are being made, which gave birth to the aforementioned Wild West platform as well.

Can You Really Negotiate On Your Own?

If you can get an agent or entertainment lawyer, go for it. That's the best-case scenario. But sadly, that best-case scenario encompasses only a minority of the actual screenwriters in the world — especially these days.

Don't Work For Free... When You Can Help It

It's tempting. You've struggled for so long, and now someone either wants you to write the script for a film they are going to produce, or they want to produce your script that they've stumbled upon. These people are often close friends, peers, or acquaintances.

For Bigger Indie Budgets, Use the WGA Low Budget Minimums

The Writers Guild offers a Low Budget Agreement for narrative theatrical films. These contract guidelines are designed to meet the demands of the low budget film industry and ensure rights and benefits for writers of films budgeted at $1.2 million or below.

For Lower Indie Budgets or Productions with Budget Constraints

Filmmaking is hard. It costs a lot of money to make an average film look average, let alone great. Equipment rental costs, individual crew member costs, transportation costs, talent costs, insurance costs, etc.

Screenwriter Questions Answered About Contracts, Credits, Copyright, WGA & Entertainment Law

As an entertainment attorney, I have presented numerous talks concerning the legal and business issues concerning screenwriting for such venues as universities, film schools, the Independent Feature Project, New York Women in Film & Television, and the Association for Independent Video and Film.

10. WHEN YOU FIND THAT BOOK, PLAY OR RECORD THAT WOULD BE A GOOD BASIS FOR A MOVIE AND YOU WANT TO START WRITING THE ADAPTATION--BEFORE YOU EVEN KNOW IF THE RIGHTS ARE AVAILABLE AND HOW MUCH IT WILL COST YOU

If a writer decides that he or she wants to write a script which is based upon pre-existing source material (as opposed to writing an original script) such as a book or a play, the writer should contact the copyright owner or administrator for such underlying work.

9. WHEN YOU WANT TO COLLABORATE ON A SCRIPT WITH YOUR SOON TO BE FORMER FRIEND

A writing partnership is like a marriage and a collaboration agreement is the pre-nuptual agreement. The best time for a writing team to enter into a collaboration agreement is at the start of the relationship when hopes are high and the stakes are low.

8. WHEN A PRODUCER WANTS TO OPTION YOUR SCRIPT FOR THREE YEARS WITH A "NO MONEY" OPTION

If a writer has already written a script and has found someone who is interested in further developing the script with a view towards producing a film or television program based on the script, that person who is taking on the producer role will want the motion picture and/or television rights in and to the script.

6. WHEN A PRODUCER GETS THE FINANCING FOR THAT PROJECT WHICH USES YOUR SCRIPT BUT THE PRODUCER WANTS TO GIVE WILLIAM GOLDMAN (OR SOMEONE'S RELATIVE) "FIRST CRACK" AT THE REWRITE

One of the points of contention between a producer and a writer is whether the writer will have the right to perform the first rewrites which a producer may request. A writer usually can negotiate for the right to perform the initial rewrite or two.

5. WHEN A PRODUCER WANTS THAT "ONE LAST REWRITE"--20 TIMES AND FOR NO FURTHER COMPENSATION

In negotiating his or her continued involvement in a script's development, a writer has to decide whether he or she is willing to work on one or two rewrites for no or very little money.

4. AFTER WORKING ON THAT SCRIPT FOR NUMEROUS DRAFTS AND MONTHS, YOU NEVER RECEIVED THE CONTRACT THE PRODUCER PROMISED YOU ONLY TO DISCOVER THE SCRIPT IS GOING IN A "DIFFERENT DIRECTION" AND THE PRODUCER THANKS YOU FOR YOUR "HELP" AND THAT YOU WILL GET PAID ONCE THE FINANCING COMES THROUGH--ANY DAY NOW

A writer can remove much of the vagaries and speculativeness of "spec writing" by negotiating and entering into an option agreement with a right for the producer to purchase the script's rights or a writing services agreements and ensuring that the agreement is signed by the writer and the producer.

What are the factors to consider when selecting a screenwriter?

Other factors to consider are that the page count, the amount of time given on a project and the project’s budget. The higher the page count, the more money is earned by the screenwriter .

Why do screenwriters write specs?

Specs. Specs are scripts from a screenwriter’s own initiation. They don’t get paid to write it, they write it because they feel strongly about an idea and will hopefully be able to sell the script. Even if the script isn’t sold, specs are a good way to gain more experience and to show possible employers what you can do.

How much does it cost to get into the WGA?

In order to get into the WGA, they require a certain amount of writing experience in the industry and a $2500 fee. You quite literally have to pay your dues first.

Do screenwriters get paid?

It is required that screenwriters get paid up front for half of the work before they start as a form of collateral, because unfortunately without it, a screenwriter might not be paid fairly. Usually a screenwriter gets paid in chunks, so it could be years before the last chunk is finally received.

Is screenwriting a difficult career?

The thing is that screenwriting is a difficult career to break into; the way to the top is a very complicated system within Hollywood, especially when talking about payment. Like the Peerspace Concierge team, this blog is here to answer questions, specifically surrounding the mysterious case of the screenwriter salary.

Why did script writers get 155 days off?

After the 1988 Writers Guild of America (WGA) strike, there was a flood of spec scripts (scripts written on speculation) because professional script writers had 155 days off of work. There was also such a demand for content, screenwriting agents (and writers) found themselves in rare positions of power.

What can you do when writing a spec?

When you're writing a spec, you can be creative. You can lean towards a gripping experience with a reader in mind, as opposed to a line producer. You can infuse the writing with your own style, your own unique storytelling flavor. Your own voice.

How much did Adam McKay and Will Ferrell split?

In 1994, Black was back, this time selling his script for The Long Kiss Goodnight for an unprecedented $4 million lump. Then, 20 years later, Adam McKay and Will Ferrell split a $4 million check for Talladega Nights: The Ballad of Ricky Bobby.

Do screenwriters make the same amount of money?

Most screenwriters don't take home a bi-weekly paycheck for the same amount of money every pay period. Instead, they work on the freelance, ad-hoc model found in many creative industries. So how much screenwriters make isn't what it seems, or nearly what it used to be.

Is it easy to sell a screenplay?

Learning how to sell a screenplay is not easy — in any way shape or form — and part of that is because there’s no Hollywood HR department putting out ads for writers.

Is selling a screenplay easier?

Selling a screenplay had never been easier. That's why screenwriter salaries ballooned. From week to week, the answer to "How much do screenwriters make" kept increasing. So, a new policy took effect when selling a screenplay. Studios had from Monday to Friday to make a decision.

Perspective and Context

  • First and foremost, you do need at least an entertainment lawyer — preferably along with an agent — to negotiate a contract with any major studio or major production company, with very few exceptions. The legalities involved on their end are serious business, especially since they are WGA (Writers Guild of America) signatory companies that have to ...
See more on screencraft.org

The Wild West of The Film Industry

  • We read about the deals and goings-on of screenwriters, representation signings, producers, and production companies in the trades. Even though the trades write about such deals each and every week, there are double or triple the amount of deals happening on the fringe of the film industry that are never reported. Non-WGA signatory production companies in the United States …
See more on screencraft.org

The Indie Market

  • Independent films began to take on a whole new meaning — with much more grandeur — when the 1990s indie boom hit. The indie market has become the direct secondary market to Hollywood. It has created a shift in how films are being made, which gave birth to the aforementioned Wild West platform as well. The major studios are no longer behind a majority o…
See more on screencraft.org

Can You Really Negotiate on Your own?

  • If you can get an agent or entertainment lawyer, go for it. That's the best-case scenario. But sadly, that best-case scenario encompasses only a minority of the actual screenwriters in the world — especially these days. It's hard to get representation. Managers are easier to attain, but they don't necessarily handle negotiations as an agent or entertainment lawyer can. Read ScreenCraft's Ev…
See more on screencraft.org

Don't Work For Free... When You Can Help It

  • It's tempting. You've struggled for so long, and now someone either wants you to write the script for a film they are going to produce, or they want to produce your script that they've stumbled upon. These people are often close friends, peers, or acquaintances. Sometimes your networking at film festivals will pair you with that special filmmaker or indie producer that gets what you ar…
See more on screencraft.org

For Bigger Indie Budgets, Use The WGA Low Budget Minimums

  • The Writers Guild offers a Low Budget Agreement for narrative theatrical films. These contract guidelines are designed to meet the demands of the low budget film industry and ensure rights and benefits for writers of films budgeted at $1.2 million or below. If you're a guild member, you can work under these low budget minimums to find work that is more likely to actually get produ…
See more on screencraft.org

For Lower Indie Budgets Or Productions with Budget Constraints

  • Filmmaking is hard. It costs a lot of money to make an average film look average, let alone great. Equipment rental costs, individual crew member costs, transportation costs, talent costs, insurance costs, etc. Some productions don't have the room to pay five figures for a screenwriter. This is especially true with smaller independent productions. But that doesn't mean you should b…
See more on screencraft.org

Early Bird Contracts

  • Sometimes you don't know what the budget is going to be before you start working on the script, or maybe the filmmaker is taking a script you've already written and pitching it to investors or crowdfunding it. A contract and deal have to be made as early in the process as possible. Otherwise, you lose some leverage. Ask the filmmaker or producer what type of budget they are …
See more on screencraft.org

Or Take What They Offer and Run

  • My first big assignment offered a five-figure contract before negotiations even started. There was some back and forth to be sure, but the offer was pretty damn good from the get-go — at least with the context of where I was in my career at the time. You always want to avoid over-negotiating. That's something to be left for professionals that know what they are doing — agent…
See more on screencraft.org