Working with a flake

[ncc1701]

Hey, pretend you're the Dear Abby of the music industry and help me out with this one.About 10 years ago, a good friend and I started writing a musical. We got raves about the work in progress, offers to finance the production, everything was going to be great. She met a guy over the Internet and moved about 100 miles away, and we promised we'd keep working on it over e-mail and such. But we didn't. Other stuff got in the way. Now, my filmmaker son wants me to finish it so he can produce it. I would love to resurrect the project, but the only problem is that I know my cowriter friend would want to be a part of it too. And she's a flake. We've had weekends where I've traveled to see her specifically to work on the musical, and once I got there, she said she didn't feel like working on it. I know I can finish it on my own, and I know that legally, I can just draw up a cowrite agreement that spells out what percentage of the existing work is hers. But my question is, how do I do that without ruining the friendship? I value what she's already contributed, but I don't want her to do any more work on it.Thoughts?

[greatmoves]

Hi, kelysianIt's tough but I don't see why you don't just make her an offer to buy her rights. 1) It's three of you now. ie, if the project is say 50% done, I would offer her half of that. if your total combined investment is estimated at $2,000.00 offer her half of that. ie, which equals 25%. Now you and your son can finish the other 75% and own 100% of the final project.All this being said if you and her are such good friend why cant you write up a contract that states ...2) She has no interest in continuing the project and for said sum will give up claims on completion of project, will settle for agreed upon money amount based on previous work done and not based on value at time of finished project. When you write this up, Include a work for hire contract or what ever other contract that dissolves her interest in the stated works, don't' forget to use all names of project including old names from first conception.3) I assume the project was a 50/50 split... that being so you can license the project to your son for an agreed upon UN-finished price. then pay her half of that price. Now your son can finish the project with you on as consultant, I am no lawyer, this is just me brain storming. Please let me/forum know how this works out. This is a pitfall that any musician can find themselves in. This is the reason for the statement " Must own 100% of copyright" If it is truly of value to you hire an attorneygood luckBB

[Mark Kaufman]

Talk to her.

[sgs4u]

Jul 8, 2009, 5:19pm, lyle wrote:Talk to her.& bring some chocolate.

[suzdoyle]

Great advice here (especially the chocolate) Telling the truth is always best, in my view. If you really want to get the project done soon, and it will be easier to do so locally, then it's likely your friend will understand that -- especially if you let her know how much you appreciate what she's done thus far, and are willing to give her a co-writing credit and some percentage of the profits (or a buyout) . . . Let us know how it goes!Suz

[kouly]

I like the chocolate idea but instead of chocolate bring a good brandy of something she likes to drink. Now if she is a pleasant person when she drinks, then things should go well. If she is a unpleasant person when she drinks, then forget this idea.

[ncc1701]

Thanks for the input so far. I guess my main dilemma is that I would hate to be in her shoes, having a friend say, "I'm going to finish the project we started but I don't want you to help." That would be a pretty major burn.Kathleen

[markjsmith]

Be honest and respectful, like any good friend would. I've been on both sides of this (I was the flake when I got too busy with another project). If she objects put the ball in her court, and have a deadline for when the project needs to be finished!

[trentoliphant]

I'm sure that you used the word "flake" in the most loving way possible, as evidenced by your desire to maintain the friendship. However, it seems to show a bit of judgement of her priorities. She has obviously put this project lower on her priority list then it is on your's. Jul 9, 2009, 8:57am, kelysian wrote:Thanks for the input so far. I guess my main dilemma is that I would hate to be in her shoes, having a friend say, "I'm going to finish the project we started but I don't want you to help." That would be a pretty major burn.If you go in thinking that is what you are saying - that is a recipe for disaster in the relationship. You need to figure out her motivation with regards to the project - but first you have to ask yourself a few questions about your motivation.Why do you want to continue this project as opposed to doing another projects? Is it the idea of working with your son? Is it the story itself? Was it the collaboration itself - the synergy that the two of you had? Was it the feedback you already got?If you come to the conclusion that indeed you want to work on this specific project and with her - then it's time to figure her out.You wrote that she would want to work on it with you - how do you know that? Also, is she a flake in general - or just in reference to this specific project? If it's in general - you have to deal with it much differently then if it is just this project. And I don't really know how to deal with people that are flakes in general (I have a brother-in-law that fits this situation - but that's another story)If it is just this project then it is just an issue of priorities. People's priorities change in their life. Things I thought were important to me even 6 months ago - no longer have the same importance. The key is figuring out how to get her excited about the project again. Why did she not "feel like working on it"? Was she just glad to see you and wanted to work on the relationship instead? What was going on in her life at the time? How often did you get together to work on it? If it wasn't very often - it takes time to rebuild a working relationship. If you want to continue the project NOW even without her (she may decide to re-prioritize it on her own at a later date), then you need to figure out the motivation that she needs to willingly give you the permission and even the encouragement to finish it on your own with your son.I don't expect you to answer any of these questions to me. They are just things that you need to figure out yourself.When push comes to shove - only you can decide what is more important - her friendship or this project. However, I think that a good place to start is by stop thinking of her as a flake. You simply no longer have the shared vision that you once had. Just my ramblings - take them for what they are worth.Here's to a successful navigation of this predicament you are in. Good luckTrent

[michael11]

I've been working with a flake for years!ME