'If-Come' Deals: Writers’ Reps Fight 'Involuntary Servitude'
A new form of free work, seemingly driven by Sony and Skydance, is the 'bane of every dealmaker’s existence' — and also may be breaking WGA rules
Ashley Cullins writes about agents, lawyers and dealmakers for paid subscribers. She recently covered the New Rules of Film Finance; the Pixar of AI signing up stars; and The Death of Cost-Plus Deals: Now What?. You can reach her at ashley@theankler.com
If you build it, will they come?
Doing a massive amount of work in a leap of faith may have worked out in the end in Kevin Costner’s baseball fantasy Field of Dreams, but for Hollywood writers already facing a market with fewer jobs as studios cut back on production, what’s potentially more concerning is that many of them are being asked to pour their efforts into developing new projects — for free — on the chance that, if they write it, a buyer may come.
“A lot of the people that were on overalls and were making $2 million to $3 million a year are gonna make $400,000 this year because they’re going to get one pilot script, if that,” says a prominent talent lawyer.
Why? “Because most of them are if-come,” this person continues, referring to the moniker for a specific type of conditional pact. Unlike an option agreement, “if the project doesn’t sell to the network, there’s no money.” If-come deals generally go something like this: A writer pitches a studio on a project and instead of deciding to buy it or reject it outright, the studio essentially says, We’ll pay you if we sell your show.
Unlike a shopping agreement, which is exactly what it sounds like, an if-come lays out the writer’s hypothetical deal terms — including variables for how their payday might change if it’s bought by a Netflix versus, say, Starz. It’s a gamble for the writer and a slog for their reps, who have to hammer out a pact that may never come to fruition.
Historically, these kinds of deals were reserved for people who were a little green, wanted a foot in the door with a particular company or had a concept that might not be viable. (If-comes also have been a way for studios and production companies to bolster their prospects and take a lot of free shots.) It was worth a chance for writers because after the initial pitch there typically wasn’t much else left for the writer to do but wait and see.
But now dealmakers say if-come offers are not only on the rise but they’re freighted with additional asks to make a pitch more saleable. Their prevalence is another symptom of the increasingly risk-averse and budget-conscious marketplace. “Two, three, four years ago, if you packaged a show with the right showrunner and star, you’d have three or four bidders,” the lawyer continues. “Now, those pitches are just not selling like they were. It’s much, much harder to sell a television show.”
If-comes aren’t new, but as writers struggle in the post-strike environment, long-simmering frustrations about the deals have hit a boiling point. Making matters even more heated is that some studios and producers are making if-comes their default starting point for anyone who’s not a brand name. It’s hard to put a percentage on how many deals are now if-come — and some do convert to guarantees during negotiations — but with fewer jobs and more competition, the perception is that they’re becoming the rule rather than the exception.
Not surprisingly, writers’ reps generally hate these agreements. Another top talent lawyer described them as “the bane of every dealmaker’s existence.” Not only is the writer working for free, but the commission-based reps negotiating the deal are too.
Over the past few months, if-comes have become a recurring complaint in conversations with dealmakers. So I decided to dive into how these deals are being abused and what reps are fighting for to protect their clients. In exchange for their extremely candid feedback, the dealmakers I talked to asked to share their thoughts without attribution.
In this issue, you’ll learn:
The studios pushing these deals for writers (and who isn’t)
The three ways talent reps are fighting to make if-come deals more fair
What more experienced writers/showrunners should do when offered an if-come
How some top writers are leading “double lives” around the issue
How studios are trying to work around the Writers Guild agreement
Why lawyers worry common practices run afoul of guild rules
What the WGA has to say about these agreements
The one scenario dealmakers advise writers to avoid at all costs if they feel cornered into an if-come
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