A Cautionary Tale About Movie Contracts

When I was an unpublished writer, I went to a fair number of conferences, hoping for insights about how to find a publisher. To tell the truth, I was a little shocked by the number of writers bemoaning their contracts. At that time, I wanted to say, “But at least you have a contract. That’s something isn’t it?”. The other thing I never had the nerve to say was “But you read it, didn’t you? You knew what you were getting into.” How naïve I was.

Over the years, I’ve lost track of the number of times I’ve read blogs and articles about the lousy contracts writers find themselves tied to. These days, there are plenty of bloggers explaining why today’s contracts are terrible, and why you shouldn’t sign at all. I don’t agree with some of their assessments, but when established, well-known authors get tripped up, I take notice.

This week I came across a blog by Tess Gerritsen, author of the terrific Rizzoli & Isles thrillers. Did you know that she is also the author of Gravity, the movie starring Sandra Bullock?

When the Bloody Words Conference came to Victoria in June 2011, Ms. Gerritsen was one of the keynote speakers. She was very candid about her publishing experiences, and she is again, as she discusses why she’s suing Warner Bros. over Gravity. You can read the details in her blog, but here it is in a nutshell.

In 1999, she told the film rights to Gravity to New Line Productions. The movie never got past the development stage, and New Line was later acquired by Warner Bros in 2008. After the movie was made, but Ms. Gerritsen wasn’t given credit as was stipulated in her contract. Ms. Gerritsen has since learned through round one in court that if the company you sign a contract with is sold to somebody else, along with the intellectual properties, then the new owner has no legal obligation to honour the contract either through acknowledgement or financial compensation of the author’s work. In fact, the new owner can exploit the script however they choose. As Ms. Gerritsen puts it, Hollywood contracts would very well be worthless.

The judge in the round one of her court battle did open the door for Ms. Gerritsen to file an amended complaint which will further examine the relationship between New Line and Warner Bros. This is important because, based on what she says, a writer for Warner Bros. had come up with a nearly identical script which he claimed as his own. Ms. Gerritsen, though, has apparently uncovered a relationship between New Line and Warner Bros. that went back as far as 2000. Hmm.

The bottom line is that contracts can be a slippery slope, folks, particularly if you’re dealing with the movie industry. Writers not only have to consider what is, but what might happen down the road. It’s always a good idea to have experienced lawyers or representatives from established writers’ organizations take a look at your contract before you sign.

Debra 

Smallville's Kristin Kreuk and Canadian Idol Eva Avila Read Whale Song

During my August 2007 'Touring the World' virtual book tour, the following article appeared (although now slightly modified) on My Book, The Movie. I was very excited when I realized that I would have a chance to dream a bit and discuss a possible movie version of my novel Whale Song, a novel that is haunting, compelling, mysterious and emotional. Great components for a feature film!

As I wrote the novel back in 2003, I could see the story roll across my inner vision, frame by frame, like a movie on slow motion. I saw the main character ‘Sarah’, who begins the story in the prologue as a mid-twenties ad exec. She then flashes back to her life as a child. In 2003, I imagined the younger Sarah being played by actress Mackenzie Rosman from TV’s 7^th Heaven fame. Mackenzie has Sarah’s dark (Italian?) looks and tenacious spirit. But we’d need a younger actress to play Sarah now.

I also had a clear picture of who would play the adult Sarah. Kristin Kreuk, ‘Lana’ from the popular TV show Smallville. Again, she has the darker coloring, and I think she’s a wonderful actress who knows how to pull off emotional scenes. Shortly after this article appeared on My Book, The Movie, I was contacted by a Kristin Kreuk fan who gave me the actress’ contact information. I sent out a brief email to her agent and was invited to send Kristin a copy of Whale Song, which I must admit, made my day.

More recently, I came across a young woman who also makes me think of Sarah. I’m a Canadian Idol addict and last season’s winner, Eva Avila, was my personal favorite from day one. I’ve been emailing Eva, and she is actually reading Whale Song right now. In one of my emails I mentioned that she would make a perfect ‘Sarah’, and she commented back that she was actually looking to get into acting. The more I think about it, the more I think Whale Song would be a perfect role for Eva to start off her acting career. I would be pleased if either Eva or Kristin played my ‘Sarah’.

For Adam, Sarah’s love interest, I always visualized Nathaniel Arcand as the adult Adam. Nathaniel is from North of 60 fame and has starred in numerous TV shows and films. But again, some years have passed now. I created the younger Adam somewhat around Zac Efron, the teen actor who played in TV’s Summerland, and more recently in Hairspray. I think Eva Avila and Zac Efron would make an intriguing combination.

Whale Song has captured a lot of film interest. Currently, it is in the hands of numerous film producers, including some major players from Hollywood and one of Canada’s leading female producers. I know that the project has to be right for a producer; they have to envision it too.

I know in my blood that Whale Song will make a great film. I know there won’t be many dry eyes at the end. I can imagine the movie score filled with Eva Avila tunes, along with music by my other talented friends—Alexia Melnychuk (singer) and Julie Blue (film composer). Whale Song is a movie waiting to happen. And I am waiting patiently for the right time, right producer.

So until the movie is made, I hope you’ll pick up a copy of Whale Song, a haunting and compelling novel that will change the way you view life…and death.

Order Whale Song from Amazon. Or you can order from any other online retailer, plus don’t forget your local bookstores, chains and independents.

Start your Christmas shopping early and help others in need. A portion of my royalties from Whale Song goes to 3 organizations to help combat poverty, homelessness and addictions.