Option to Purchase Rights to a Novel

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Multi-State
Control #:
US-1022BG
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Word; 
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Description

The terms of an Option Agreement to purchase rights to a novel vary. Generally they give the publisher first dibs on the author's next book. Some options are relatively benign, granting the publisher rights of first look or first negotiation (i.e., the right to see the next book first and negotiate for a limited period of time after reviewing it). Most often, the deal to make a movie based on a book takes the form of an exclusive "option" agreement. What that means is that the producer has acquired not the exclusive right to make the movie, but has acquired the exclusive right to purchase the right to make the movie. In other words, there are usually some conditions precedent which the producer needs to satisfy before they can actually go ahead and make the movie, the most important condition (from the author's perspective) being the payment of a "purchase" price. Why are agreements structured as options? Because the producer usually needs time to make arrangements to actually finance the making of the movie - and while the producer is running around trying to gather the money to make the movie, they need to "secure" the exclusive rights in the book, so that the author doesn't go and give the rights to some other producer.
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FAQ

In the film industry, an option is a contractual agreement pertaining to film rights between a potential film producer (such as a movie studio, a production company, or an individual) and the author of source material, such as a book, play, or screenplay, for an exclusive, but temporary, right to purchase the

Gives the buyer the right, but not the obligation, to buy or sell an asset at a set price on or before a given date. Investors, not companies, issue options.

Author notoriety, the popularity of the work, a producer's desire for the projectthese can drive up the price. While everything is negotiable, an option can range from $500$500,000. A good gauge is 10% of the purchase price if the story rights are later bought.

The option price depends on the material being optioned and the writer notoriety, popularity of the work, and a producer's desire for the project will obviously drive the price up. An option starts around $500, with $50,000 being on the high-end.

Open the book to the publishing/information page. Note the publisher. Call 212.555. Ask for the phone number for that publisher. Call that number. Ask for subrights, please. You'll likely get a voicemail telling you to fax your request.

Generally, you can exercise your option by sending the author a written notice or just staring principal photography. Ask the publisher to sign a release. Sometimes publishers hold onto the rights of books they publish. Before signing an option agreement, ask the publisher to sign a release.

Option Rights means all warrants, rights or options to subscribe for or purchase, or obligations to issue, any shares of Common Stock, or any Convertible Securities.Option Rights means the rights of Optionee to exercise the Option and acquire Option Shares pursuant to the provisions of this Agreement.

To be more specific, when a screenplay is optioned, the producer has not actually purchased the right to use the screenplay; the producer has simply purchased the "exclusive right" to purchase the screenplay at some point in the future, if the producer is successful in setting up a deal to actually film a movie based

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Option to Purchase Rights to a Novel