Professional Documents
Culture Documents
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CASE MANAGEMENT CONFERENCE
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COMPLAINT
COMPLAINT
4 INTRODUCTION
5 1. Moody is the first, uncredited screenwriter of the motion picture The Disaster Artist,
6 which has been nominated for a "Best Adapted Screenplay" Oscar. Through misrepresentations
7 made by Rabbit Bandini Productions and its managing agents James Franco, Vince Jolivette and Iris
8 Torres, Moody was induced to sell his screenplay for only $5,000. More particularly, these
9 individuals promised Moody that if he sold his The Disaster Artist screenplay to RabbitBandini for
10 the modest sum of $5,000, then RabbitBandini would give Moody an associate producer credit on
11 The Disaster Artist and engage Moody to write and direct another similarly budgeted movie called
12 On the Bus. In fact, however, RabbitBandini considered On the Bus to be a micro-budget film and,
13 after Moody had signed away his rights to The Disaster Artist, Jolivette eventually told Moody that
14 RabbitBandini would produce On the Bus on a $50,000 budget. Moreover, RabbitBandini did not
15 give Moody an associate producer (or any other) credit on The Disaster Artist. Had Moody been
16 aware of the true facts, he never would have sold The Disaster Artist for only $5,000, and he brings
18 2. More particularly, between October of2013 and April of 2014, Moody wrote and
20 ("RabbitBandini") and Point Grey Pictures, Inc. ("Point Grey"). In April of 2014, however,
21 RabbitBandini' s James Franco ("Franco") told Moody that Point Grey wanted to replace Moody with
22 established (i.e., credited) writers. While initially reluctant to step aside, Moody was convinced by
23 Franco, his producing partner Vince Jolivette ("Jolivette"), RabbitBandini executive Iris Torres
24 ("Torres") and Point Grey executive James Weaver ("Weaver") to sign away his work for only
26 3. RabbitBandini induced Moody to sell his The Disaster Artist screenplay for only
27 $5,000 by promising Moody that he would receive an associate producer credit on The Disaster
28 Artist, and that he could write and direct a different film called On the Bus, whose budget would be
COMPLAINT
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1 similar to what was then projected for The Disaster Artist. Jolivette and Torres also told Moody that
2 RabbitBandini would not work with Moody in the future unless he signed over his rights to The
3 Disaster Artist.
4 4. At that point in time, Moody's contacts in the movie industry consisted of the people
5 he knew at RabbitBandini (i.e., Franco and Jolivette) and Point Grey '(i.e., Weaver and
6 writer/producer/actors Seth Rogen and Evan Goldberg). Rather than destroy those seemingly
7 valuable relationships and start again from scratch, and with the expectation that he would receive
8 a producing credit on The Disaster Artist and would write and direct a similarly budgeted film,
9 Moody eventually agreed to sell his The Disaster Artist screenplay for $5,000 (Exh. A).
10 5. Before Moody signed away his rights to The Disaster Artist for $5,000, Jolivette told
11 him that RabbitBandini projected the budget for On the Bus to be in the $5-$10 million range. After
12 Moody signed away his rights to The Disaster Artist, Jolivette reduced the budget for On the Bus to
14 6. Both Moody's screenplay and the The Disaster Artist motion picture were adapted
15 from the book The Disaster Artist: My Life Inside the Room by Greg Sestero and Tim Bissell (the
16 "Book"). Moody is informed and believes, and based thereon alleges that elements of his screenplay
17 were used by The Disaster Artist's credited writers, Scott Neustadter and Michael H. Weber. For
18 example, at approximately 1hour20 minutes to 1hour35 minutes of the movie, the "Tommy" and
19 "Greg" characters are at the theater for the screening of The Room, and make everyone wait before
20 they get out of the car. Everyone takes their seats. Tommy is introduced. He introduces the film.
21 Scenes from The Room play on screen. The audience is turned off as they realize the film is terrible.
22 As the film progresses, people begin to laugh at how bad it is. Tommy runs out of the theater when
23 he realizes that the audience does hot like the movie. Greg runs after him to make him feel better
24 with a cathartic pep talk about Tommy realizing his dream. Tommy then "owns" the film, and
25 returns to the theater, triumphant. Fade to black. A screen with facts about The Room appear,
26 followed by the real Tommy being celebrated by fans around the world. None of the foregoing
27 appear in the Book, but are in Moody's screenplay and in The Disaster Artist.
28 ///
COMPLAINT
-3-
PARTIES
2 7. Plaintiff Ryan Moody ("Moody") is, and at all times material hereto was, an
4 8. Moody is informed and believes, and based thereon alleges that defendant
5 RabbitBandini Productions, LLC ("RabbitBandini") is, and at all times material hereto was, a limited
6 liability company organized and existing under the laws of the State of California, with its principal
8 9. Moody is informed and believes, and based thereon alleges that defendant Point Grey
9 Pictures, Inc. ("Point Grey") is, and at all times material hereto was, a corporation organized and
10 existing under the laws of the State of California, with its principal place of business located within
12 10. The true names and capacities of Does 1 through 20, inclusive, are unknown to
13 Moody, who therefore sues said Defendants by fictitious names. When the true names and capacities
14 of the Doe Defendants are known, Moody will seek leave to amend this Complaint. Moody is
15 informed and believes, and based thereon alleges that such Defendants, and each of them, took some
16 part in the acts and omissions alleged herein, and, as a direct and proximate result thereof, have
17 incurred liability to Moody for the relief prayed for herein. Each non-specific reference in this
18 Complaint to "Defendant" or "Defendants" refers to RabbitBandini, Point Grey and to all Doe
20 11. Moody is informed and believes, and based thereon alleges that the Defendants are,
21 and at all times material hereto were the agents, servants, officers, employees, joint venturers, co-
22 conspirators, representatives or partners of each of the other Defendants herein, and, in doing and
23 taking part in the things and acts herein alleged, were acting within the course and scope of such
24 authority conferred upon that party by consent, approval, or ratification, whether such authority was
25 actual or apparent.
26 12. Moody is informed and believes, and based thereon alleges that the Defendants, at
27 all times material hereto, unlawfully conspired and acted in concert and participated with one or
28 more ofthe remaining Defendants in committing and performing the acts and conduct alleged herein,
COMPLAINT
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for the express and intended purpose of committing or performing the acts and conduct alleged
4 FACTUAL ALLEGATIONS
5 13. In or around October of2012, Moody was a student in a class Franco taught at UCLA
7 14. In or around February of2013, and as part of the Class, Moody directed Franco in a
8 short film called A Walk in Winter. After seeing the film, Franco told Moody that he was impressed
10 15. In or around July of2013, and as part of the Class, Moody directed Franco in a short
11 film called Obituaries. While on the set for that film, Franco asked Moody if Moody would serve
12 as Franco's teaching assistant for the next "Adaptation and Collaboration" class (the "Next Class").
13 Moody agreed.
14 16. Starting in or around September of 2013, Moody served as Franco's official teaching
15 assistant for the Next Class, and also served as Franco's unofficial teaching assistant for an English
17 17. On October 18, 2013, Franco emailed Moody and asked him whether he would adapt
18 the Book into a screenplay. Moody agreed. A true and correct copy of email communications
19 between Franco and Moody is attached hereto as Exhibit B and incorporated herein by reference.
20 18. Franco requested a draft of the screenplay by the end of November 2013 (Exh. B).
21 To meet that deadline, Moody worked upwards of 60 hours per week on the screenplay, while also
23 19. On November 20, 2013, Moody emailed a first draft of The Disaster Artist to Franco
24 and Jolivette. A true and correct copy of this email is attached hereto as Exhibit C and incorporated
25 herein by reference.
26 20. Between November 21-24, 2013, and at Franco's request, Moody traveled to the
27 Vancouver set of the motion picture The Interview to "pitch" The Disaster Artist to Point Grey, and
28 Ill
COMPLAINT
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in particular its principals Weaver, Seth Rogen ("Rogen") and Evan Goldberg ("Goldberg").
3 21. On December 5, 2013, Moody, Franco, Jolivette, Weaver, Rogen and Goldberg held
5 22. On or about December 7, 2013, Moody, Weaver and others participated in another
6 Skype session, wherein the participants gave Moody notes on his screenplay. A true and correct
7 copy of email correspondence between Moody and Weaver regarding this Skype session is attached
9 23. On January 9, 2014, Moody emailed his second draft of The Disaster Artist to Franco,
10 Jolivette, Torres, Weaver, Rogen, Goldberg and others. A true and correct copy of Moody's email
12 24. On January 22, 2014, Moody emailed his third draft of The Disaster Artist to Franco.
13 A true and correct copy of Moody's email is attached hereto as Exhibit F and incorporated herein
14 by reference.
15 25. On January 28, 2014, Moody meet with Franco, Jolivette, Torres, Rogen, Goldberg
16 and Weaver on the lot of Sony Pictures to discuss Moody's latest draft of The Disaster Artist. A true
17 and correct copy of email correspondence regarding this meeting is attached hereto as Exhibit G and
20 RabbitBandini had optioned the rights to the Book, and that a movie based thereon would be
21 produced by RabbitBandini and Point Grey. The article further stated that Moody was writing the
22 screenplay. A true and correct copy of this article is attached hereto as Exhibit Hand incorporated
23 herein by reference.
24 27. On February 9, 2014, Moody emailed his fourth draft of The Disaster Artist to
25 Franco, Jolivette, Torres, Ro gen, Goldberg, Weaver and others. A true and correct copy ofthis email
27 28. On February 14, 2014, Torres emailed Moody an Independent Contractor Agreement
28 regarding his services as writer on The Disaster Artist. Among other things, the Independent
COMPLAINT
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Contractor Agreement provided that Moody would be paid the minimum amount payable under the
2 Writers Guild of America collective bargaining agreement, and that Moody would receive a
3 "Screenplay by Ryan Moody" credit. A true and correct copy of Torres' s email to Moody is attached
5 29. Moody signed the Independent Contractor Agreement, and on February 24, 2014 he
6 delivered the original to Torres. A true and correct copy of the Independent Contractor Agreement
7 signed by Moody is attached hereto as Exhibit Kand incorporated herein by reference. Moody never
9 30. Later on February 24, 2014, Moody met with Franco, Ro gen and Goldberg to discuss
11 31. On February 25, 2014, Moody emailed his fifth draft of The Disaster Artist to Franco.
12 A true and correct copy of Moody's email is attached hereto as Exhibit L and incorporated herein
13 by reference.
14 32. On February 28, 2014, after receiving notes from Franco, Moody emailed a revised
15 fifth draft of The Disaster Artist to Franco, Jolivette, Torres, Goldberg, Rogen and Weaver. A true
16 and correct copy of Moody's email is attached hereto as Exhibit M and incorporated herein by
17 reference.
18 33. Moody worked full time on The Disaster Artist from November of 2013 through
19 March of 2014, and met regularly with Franco (approximately 2-4 times per month) at The Standard
20 Hotel in Hollywood for several hours at a time, during which Franco gave Moody notes on his
21 screenplay.
22 34. On or about March 31, 2014, Franco told Moody that Point Grey wanted to replace
24 35. Attached hereto as Exhibit N and incorporated herein by reference is a true and
25 correct copy of email communications between Moody and Franco dated April 2, 2014. In those
26 communications, Franco represented to Moody that Point Grey wanted to make Moody an associate
27 producer on The Disaster Artist. Franco also represented to Moody that RabbitBandini wanted
COMPLAINT
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36. Also on April 2, 2014, Moody emailed Weaver to discuss whether Moody could still
2 receive a writing credit on The Disaster Artist. A true and correct copy of Moody's email is
4 37. On or about April 2, 2014, and in response to Moody's email, Weaver called Moody,
5 and confirmed that Point Grey had requested that Moody be replaced with established writers. Wea-
6 ver also confirmed that Moody would receive an associate producer credit on The Disaster Artist.
7 38. On or about April 2, 2014, Jolivette called Moody, and confirmed that Moody would
8 receive an associate producer credit on The Disaster Artist, and further confirmed that
9 RabbitBandidni would produce On the Bus for Moody to write and direct.
10 39. On or about May 12, 2014, RabbitBandini provided Moody with a Purchase
11 Agreement for The Disaster Artist. Among other things, the Purchase Agreement provided that
12 Moody was transferring all of his rights to his screenplays for $5,000, and that he would not receive
14 40. Following his receipt of the Purchase Agreement, Moody had several in-person and
15 telephonic communications with Torres and Jolivette regarding its terms. Specifically, Moody
16 inquired why the Purchase Agreement provided that he would not receive any credit on The Disaster
17 Artist, when Franco, Jolivette and Weaver had repeatedly represented that Moody would receive an
18 associate producer credit. Torres and Jolivette responded that the Purchase Agreement's credit
19 provision meant that Moody would not receive any credit in connection with his writing services,
20 but that he was still going to receive a separate associate producer credit.
21 41. Moody was reluctant to sign the Purchase Agreement, both because he wanted a
22 writing credit on the Movie and also because he believed that $5,000 was a paltry sum considering
23 all of the time and effort he put into his five drafts of The Disaster Artist. Moody expressed his
24 reluctance to Torres and Jolivette. They each responded that if Moody ever wanted to work with
25 RabbitBandini or Point Grey in the future, then he must sign the Purchase Agreement.
26 42. On May 21, 2014, Jolivette emailed Moody that Jolivette "cannot stress the
27 importance of getting" the signed Purchase Agreement. A true and correct copy of this email is
COMPLAINT
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43. On or about May 23, 2014, Moody signed the Purchase Agreement, and caused it to
2 be delivered to RabbitBandini. A true and correct copy of the Purchase Agreement signed by Moody
3 is attached hereto as Exhibit A and incorporated herein by reference. Moody never received a
5 44. Between approximately May of 2014 and April of 2016, Moody attempted to
6 develop On the Bus with RabbitBandini. While RabbitBandini initially told Moody that the budget
7 for On the Bus would be in the $5-$10 million range, RabbitBandini reduced the budget to $50,000.
8 45. When Torres and Jolivette told Moody that RabbitBandini had budgeted On the Bus
9 for $50,000, Moody realized that RabbitBandini was not serious about making On the Bus.
10 Consequently, Moody cut his losses and sold On the Bus to The Art of Elysium, Inc., which Moody
12
17 47. In April and May of2014, prior to Moody signing the Purchase Agreement, Franco,
18 Jolivette and Torres, on behalf of RabbitBandini, represented to Moody, both in-person (at the
19 UCLA classes taught by Franco), telephonically and in writing (e.g., Exh. N), that if Moody agreed
20 to sign away his rights to The Disaster Artist, then RabbitBandini would produce On the Bus for
21 Moody to write and direct, and that the production of On the Bus would be on the same or similar
23 48. At the time these representations were made, Franco, Jolivette and Torres did not
24 believe them to be true. In fact, RabbitBandini had no idea whether it could or would produce On
25 the Bus, either for a budget equivalent to The Disaster Artist or any other amount. But Franco,
26 Jolivette and Torres knew that On the Bus was a "passion project" of Moody's, and told him what
27 he wanted to hear to get Moody to sign away his rights to The Disaster Artist.
28 ///
COMPLAINT
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49. In May of 2014, prior to Moody signing the Purchase Agreement, Jolivette and
2 Torres, on behalf of RabbitBandini, represented to Moody, both in-person (at the UCLA classes
3 taught by Franco) and telephonically, that if Moody signed the Purchase Agreement, then he would
4 receive an associate producer credit on the Movie, even though the Purchase Agreement expressly
5 stated that Moody "waives all rights to receive any credit on any motion picture or other production
6 based in whole or in part upon the Property." [Exh. A]. More particularly, Jolivette and Torres
7 explained that while it was true that Moody would not receive a credit based upon "the Property,"
8 which was defined in the Purchase Agreement as Moody's The Disaster Artist screenplay, he would
9 nonetheless receive an associate producer's credit, but only ifhe signed the Purchase Agreement.
10 50. At the time these representations were made, Jolivette and Torres did not believe
11 them to be true. In fact, RabbitBandini had no intention of giving Moody an associate producer
12 credit on The Disaster Artist. Rather, Jolivette and Torres intended to tell Moody what he wanted
13 to hear to get Moody to sign away his rights to The Disaster Artist.
14 51. In reliance on the misrepresentations alleged above, Moody executed the Purchase
15 Agreement. If Moody had known either that: (a) RabbitBandini had no intention of giving Moody
16 an associate producer credit on the Movie; or (b) RabbitBandini had no intention of producing On
17 the Bus on the same or similar scale as The Disaster Artist, then Moody never would have sold his
19 52. Moody's reliance upon the misrepresentations of Franco, Jolivette and Torres was
20 reasonable. By the time these misrepresentations occurred, Moody had worked closely with Franco,
21 Jolivette and Torres for many months, and had considered Franco and his colleagues to be honorable.
22 53. Moody did not discover that RabbitBandini had no intention of producing On the Bus
23 on the same or similar scale as The Disaster Artist until April of 2016, when Jolivette and Torres
24 informed Moody that RabbitBandini intended to produce On the Bus for only $50,000.
25 54. Moody did not discover that he did not receive an associate producer credit on the
27 55. Moody seeks rescission of the Purchase Agreement and enforcement of the
28 Independent Contractor Agreement. Moody will suffer substantial harm under the Purchase
COMPLAINT
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Agreement if it is not rescinded, in that Moody accepted drastically reduced consideration than that
2 to which he was already entitled under the Independent Contractor Agreement. The Purchase
3 Agreement was, effectively, a modification of the Independent Contractor Agreement, and one to
4 which Moody never would have agreed but for the consideration he was promised: (a) in the form
5 of an associate producer credit on The Disaster Artist; and (b) in connection with On the Bus.
6 56. Moody intends service of the Summons and Complaint in this action to serve as
9 facts known to it, specifically that RabbitBandini was not prepared to produce On the Bus for Moody
10 to write and direct on a scale similar to The Disaster Artist, and had no intention of giving Moody
11 an associate producer credit on The Disaster Artist. RabbitBandini made these misrepresentations
12 with the intention of obtaining Moody's valuable rights to The Disaster Artist for far less than fair
13 market value. RabbitBandini's conduct as alleged above justifies an award of punitive damages.
14
17 58. Moody incorporates herein by reference Paragraphs 1 through 57, inclusive, as though
19 59. As a direct and proximate result of the misrepresentations as alleged herein, Moody
20 has suffered damages in an amount according to proof. More particularly, but for RabbitBandini's
21 conduct as herein alleged, Moody would have been entitled to substantial consideration pursuant to
22 the Independent Contractor Agreement, including a substantially greater fee and a writer credit.
24 facts known to it, specifically that RabbitBandini was not prepared to produce On the Bus for Moody
25 to write and direct on a scale similar to The Disaster Artist, and had no intention of giving Moody
26 an associate producer credit on The Disaster Artist. RabbitBandini made these misrepresentations
27 with the intention of obtaining Moody's valuable rights to The Disaster Artist for far less than fair
28 market value. RabbitBandini' s conduct as alleged above justifies an award of punitive damages.
COMPLAINT
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THIRD CAUSE OF ACTION
5 62. At the time Franco, Jolivette and Torres represented to Moody that RabbitBandini
6 would produce On the Bus for Moody to write and direct on the same or similar scale as The
7 Disaster Artist, they had no reasonable basis for believing that to be true. In fact, RabbitBandini had
8 not yet decided whether it would produce On the Bus, whether it would allow Moody to direct it, or
9 whether On the Bus would be on the same or similar scale as The Disaster Artist.
10 63. At the time Jolivette and Torres represented to Moody that he would receive an
11 associate producer credit on The Disaster Artist, they had no reasonable basis for believing that to
12 be true. In fact, RabbitBandini did not even know whether it would have the power to give out
14 64. As a direct and proximate result of the misrepresentations as alleged herein, Moody
15 has suffered damages in an amount according to proof. More particularly, but for RabbitBandini's
16 conduct as herein alleged, Moody would have been entitled to substantial consideration pursuant to
17 the Independent Contractor Agreement, including a substantially greater fee and a writer credit.
18
21 65. Moody incorporates herein by reference Paragraphs 1 through 64, inclusive, as though
23 66. Moody performed all of his obligations under the Independent Contractor Agreement,
25 67. Assuming that the Purchase Agreement is void as induced by fraud, RabbitBandini
26 materially breached the Independent Contractor Agreement by, among other things: (a) failing to pay
27 Moody the WGA "minimum"; and (b) failing to give Moody a "screenplay by" credit in The
28 Disaster Artist.
COMPLAINT
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68. As a direct and proximate result of the breaches of contract as alleged herein, Moody
6 69. Moody incorporates herein by reference Paragraphs 1 through 68, inclusive, as though
8 70. In April and May of2014, Point Grey and Rabbit Bandini offered Moody an associate
9 producer credit on The Disaster Artist if Moody signed away his rights to The Disaster Artist
10 screenplays that he wrote. Moody agreed and, through the Purchase Agreement, signed away his
12 71. RabbitBandini and Point Grey materially breached the foregoing agreement by failing
14 72. As a direct and proximate result of the breaches of contract as alleged herein, Moody
16
20 (i) For a judgment that the Purchase Agreement has been rescinded;
23 (iv) For such other and further relief as the Court deems just and proper.
24
28 ///
COMPLAINT
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(iii) For costs of suit incurred herein; and
2 (iv) For such other and further relief as the Court deems just and proper.
6 (iii) For such other and further relief as the Court deems just and proper.
9 (ii) For an award ofreasonable attorneys' fees as provided under the contract;
11 (iv) For such other and further relief as the Court deems just and proper.
15 (iii) For such other and further relief as the Court deems just and proper.
16
17 DATED: February 28, 2018 TESSER I GROSSMAN LLP
BRIAN M. GROSSMAN
18 BETHANY R. BURRILL
19
20
BRIAN M. GROSSMAN
21 BETHANY R. BURRILL
Attorneys for Plaintiff
22 RYAN MOODY
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COMPLAINT
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EXHIBIT A
PURCHASE AGREEMENT ("Agreement") dated as of May 12. 2014
Property and Picture: The "Property" shall mean that certain unpublished screenplay written and owned by Owner entitled
"The Disaster Artist", based upon the published novel entitled "The Disaster Artist: My Life Inside the Room" by Greg
Sestero and Tim Bissell (the "Novel"), including the titles, themes, stories and all other contents thereof, and the characters
therein, and all translations, adaptations and other versions thereof owed by Owner, whether now existing or hereafter
created. The "Picture" shall mean the first audio-visual production that is produced based, in whole or in part, upon the
Property and/or the Novel.
Non-Guild Agreement: Owner is not a member· of any guild and this Agreement shall not be subject to any collective
bargaining agreement, guild agreement, labor organization or union. Owner hereby further acknowledges and agrees that any
and all payments to Owner hereunder shall constitute full and complete consideration for all services rendered, rights granted
and representations, warranties and agreements made hereunder by Owner, and that, except as expressly provided for herein,
no further or additional compensation shall be due to Owner from Company or any of its licensees or assigns by reason of the
means of exploitation of the Picture or any other productions produced pursuant to the Rights granted herein, or for any other
reason whatsoever. Owner's indemnity obligations as set forth herein below shall apply to any breach by Owner of the
representations, warranties and agreements set forth in this paragraph and Owner acknowledges that Purchaser shall be
relieved from any liability or indemnity obligations in connection therewith. The foregoing provisions shall not be construed
so as to violate any applicable labor laws or any of Owner's rights to unionize thereunder.
Purchase Price: Purchaser hereby agrees to pay Owner, and Owner hereby agrees to accept a purchase price for the Property
in the amount of Five Thousand U.S. Dollars ($5,000) (the "Purchase Price"), payable 50% (i.e., $2,500) following
Purchaser's receipt of this Agreement signed by Owner and 50% (i.e., $2,500) upon the closing of all financing arrangements
for the Picture. Upon payment of the Purchase Price, Purchaser shall be automatically and irrevocably vested with the
"Rights" (as defined below), and all other rights, licenses and privileges granted to Purchaser hereunder.
Grant of Rights: Upon payment of the Purchase Price, Purchaser shall own and be fully vested with, and subject only to such
payment Owner hereby unconditionally and irrevocably assigns, grants and sells to Purchaser, exclusively, in perpetuity and
throughout the universe, all right, title and interest in and to the Property (including, without limitation, all motion picture,
television and other audio-visual production rights and all related allied, ancillary, incidental, subsidiary, neighboring and
derivative rights, and all copyrights therein and other rights relating thereto, and all other customary rights) (collectively, the
"Rights"). Without limiting the generality of the foregoing, the Rights in the Property herein granted include: (a) the right to
produce an unlimited number of audiovisual works of all types now known or hereafter devised based, in whole or in part,
upon the Property, and prequels and sequels thereto and remakes and spin-offs thereof and all other types of derivative works
based thereon, intended for exploitation in any medium now or hereafter known (including by way of illustration only, any
form of theatrical, non-theatrical, television, home video or internet exploitation) and all music publishing rights, soundtrack
album rights, merchandising rights (including without limitation the exploitation and/or licensing of characters and other
elements of the Property for all types of goods, services and theme park and other types of attractions), videogame rights,
interactive rights, streaming, online and internet rights, publishing, novelization and adaptation rights, and promotional and
advertising rights, and all other allied, ancillary, incidental, subsidiary, neighboring and derivative rights relating to any of the
foregoing; (b) With respect to works produced pursuant to the rights granted in subparagraph (a) above, all copyrights,
neighboring rights, trademarks and any and all other ownership and exploitation rights in such works now or hereafter
recognized in any and all territories and jurisdictions (including by way of illustration only, reproduction, distribution,
adaptation, performance, fixation, rental and lending rights, exhibition, broadcast and all other rights of communication to the
public) and the right to exploit such works in all media, markets and languages and in any manner now known or hereafter
devised; (c) The right to change, add to, delete or take from, translate, or otherwise modify the Property in any manner
Purchaser may in its discretion determine in connection with the Picture and other works that will embody all or part of the
Property. To the fullest extent allowable under any applicable law, Owner hereby irrevocably waives or assigns to Purchaser
its so-called "moral rights" or "droit moral". If under any applicable law the above waiver or assignment by Owner of "moral
rights" or "droit moral" is not effective, then Owner agrees to exercise such rights in a manner which recognizes the
contribution of and will not have an adverse effect upon any other contributors; (d)The right to use, in a customary manner,
Owner's name, voice, likeness and biography in and in connection with the Picture and any other works that will embody all
or part of the Property; provided, however, that Owner's name, voice, likeness and/or biography shall not be used to endorse
any product or service without Owner's prior written consent; and (e) Purchaser and Owner acknowledge and agree that 5%
of the Purchase Price is in consideration of, and constitutes equitable remuneration for, the rental and lending rights granted
to Purchaser herein. If under the applicable law of any territory or jurisdiction, any additional or different form of
compensation is required to satisfy the requirement of equitable remuneration, then it is agreed that the grant to Purchaser of
the rental right shall nevertheless be fully effective, and Purchaser shall pay Owner such compensation or, if necessary, the
parties shall in good faith negotiate the amount and nature thereof in accordance with applicable law. Owner hereby assigns
to Purchaser all compensation for the rental right payable or which may become payable to Owner and all other
compensation payable or which may become payable to Owner on account or in the nature of a tax or levy, through a
collecting society or otherwise, under the applicable law of any territory or jurisdiction, including without limitation, so-
called blank tape and similar levies. Owner shall cooperate fully with Purchaser in connection with the collection and
payment to Purchaser of all such compensation. The rights herein granted are in addition to, and this Agreement shall in .no
way limit, the rights with respect to the Property or the subject matter thereof which Purchaser may now or hereafter enjoy as
a member of the general public. Nothing contained in this Agreement shall be construed as requiring Purchaser to exercise or
exploit, or continue to exercise or exploit, any of the rights herein granted.
Representations. Warranties and Indemnities: Owner hereby represents and warrants that: (a) the Property was written solely
by and is wholly original with Owner, except solely to the extent based upon the Novel; (b) the Property enjoys and will
enjoy either statutory or (to the extent it may exist) common law protection in the United States and may likewise be
protected elsewhere so far as the laws of other countries provide for such protection; (c) neither the Property nor any element
thereof is based in whole or in part on any actual incident or the life of any real person (except to the extent that the Novel is
or may be based in whole or in part on any actual incident or the life of any real person), and no part of the Property is in the
public domain anywhere in the world; (d) neither the Property nor any element thereof, nor the production or exploitation of
any motion picture or other production based upon the Property, does or will in any way infringe upon or violate any
copyright in any other work (assuming appropriate rights to the Novel are acquired); (e) neither the Property nor any element
thereof, nor the production or exploitation of any motion picture or other production based upon the Property, does or will in
any way infringe upon or violate the right to privacy or publicity, common law rights or any other rights of, or constitute
defamation, libel or slander against any person or entity; (f) Owner owns all rights in and to the Property free and clear of any
liens, encumbrances, other third party interests of any kind, and free of any claims or litigation, whether pending or
threatened; (g) Owner has full right and power to make and perform this Agreement without the consent of any third party;
(h) the Property has not previously been exploited as a motion picture or television, video, internet or other type of
audiovisual production, and no rights have been granted to any third party to do so; (i) Owner will not assign, transfer,
encumber or dispose of any of the Rights at any time prior to the payment in full of the Purchase Price hereunder; U) no other
person or entity has any rights in the Property (excluding any rights in the Novel); (k) Owner has provided Purchaser with all
chain-of-title documentation relating to the Property and all other contracts affecting the rights granted or to be granted to
Purchaser hereunder and all third party obligations relating thereto, if any; (l) the title or titles of the Property may be legally
used by Purchaser in the exercise of all or any of the rights herein conveyed or agreed to be conveyed, and such use will not
infringe upon the federal, state or common law trademark, service mark or trade name of any third party; and (m) without
limiting Purchaser's rights to do so, Owner will maintain copyright protection in the Property. Purchaser represents and
warrants that it has full right and power to make and perform this Agreement without the consent of any third party. The term
"person" as used in this Agreement shall mean any person, firm, corporation or other entity. Owner shall indemnify, defend
and hold harmless Purchaser and its licensees, successors and assigns, and the officers, directors, shareholders, members,
managers, employees, agents and representatives of each, from and against any and all liability, loss, damage, cost and
expense (including attorneys' fees and costs) incurred by reason of any claim arising out of any breach of Owner's
representations, warranties or agreements herein. Owner agrees that Purchaser shall have the sole right to control the legal
defense against any claims, demands or litigation, including the right to select counsel of its choice and to compromise or
settle any such claims, demands or litigation, with Owner's written consent, not to be unreasonably withheld.
Additional Documents: At Purchaser's request, Owner will execute, acknowledge and deliver to Purchaser any and all
additional documents Purchaser may deem necessary to evidence and effectuate any and all of Purchaser's rights under this
Agreement including, without limitation short-form assignment agreements. Owner hereby appoints Purchaser as Owner's
attorney-in-fact with full power to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any
and all such documents Owner fails to execute, acknowledge and deliver. The appointment shall be a power coupled with an
interest, with full right of substitution and delegation. ·
Credit: Owner waives all rights to receive any credit on any motion picture or other production based in whole or in part
upon the Property.
Remedies: Upon payment of the Purchase Price, all rights granted and agreed to be granted to Purchaser under this
Agreement shall be irrevocably vested in Purchaser in perpetuity, including without limitation, for the full term of copyright
2
protection everywhere in the world and any and all renewals, extensions and revivals thereof, unless stated otherwise herein.
No breach by Purchaser of this Agreement shall entitle Owner to terminate or rescind this Agreement or any Rights granted
herein or to seek or obtain any equitable relief, whether injunctive or otherwise, against or with respect to the Picture or any
other works produced pursuant to the Rights granted hereunder or with respect to the development, production, financing,
advertising, distribution or exploitation of any such productions or any elements thereof or any rights relating thereto, it being
acknowledged and agreed that Owner's remedy of money damages at law is adequate.
Assignment: Purchaser shall have the right to assign any or all of its rights under this Agreement to any person, and upon
such assignment Purchaser shall have no further obligations to Owner hereunder, provided such assignee assumes
Purchaser's obligations hereunder in writing. Owner shall not have the right to assign this Agreement or any of Owner's
rights hereunder without Purchaser's express written consent, and any such purported assignment shall be null and void as of
the making thereof. This Agreement, and all rights and obligations hereunder, shall be binding upon and inure to the benefit
of the parties hereto and their respective permitted successors and assigns.
Governing Law I Arbitration: This Agreement shall be governed and construed in accordance w.ith the laws of the State of
California applicable to contracts entered into and fully performed therein. Any dispute arising hereunder shall be resolved
through confidential binding arbitration conducted in Los Angeles, California under and pursuant to the rules of the IFT A (or
ifIFTA will not arbitrate the matter, then under JAMS). There shall be a single arbitrator mutually selected by the parties, or
if the parties cannot agree then mutually selected by the arbitrators selected by each of the parties. The determination of the
arbitrator shall be final and binding on the parties, and judgment on the award rendered may be entered in any court having
jurisdiction. Subject to the foregoing, only the California courts (state and federal) shall have jurisdiction over controversies
regarding this Agreement, and any proceeding involving such a controversy shall be brought in those courts, in Los Angeles
County, and not elsewhere. Any process in such proceeding may be served by, among other methods, delivering it or mailing
it, by registered or certified mail, directed to, as applicable, Owner's or Purchaser's address as designated in this Agreement.
Any such delivery or mail service shall have the same effect as personal service within the State of California.
Confidentiality I Publicity: The terms of this Agreement are strictly confidential and may not be disclosed by either party
except as required by law or judicial or governmental order, to a party's attorneys, accountants and other professional
advisors who are bound to maintain the confidentiality hereof, or as reasonably required in order to carry out the intent and
purpose of this Agreement. Purchaser shall control all publicity concerning this Agreement, the relationship of the parties and
the Picture and all other works that will embody all or part of the Property, and shall be the only party entitled to issue press
releases concerning the same.
Notices: All written notices which either party is required or desires to give to the other .shall be given by delivering or
mailing the same at the addresses set forth on page l of this Agreement, or at such other addresses as may be designated in a
written notice to the other given as aforesaid. Notices shall be sufficiently given. when hand-delivered or when the same shall
be deposited so addressed, postage prepaid, in the United States mail and/or when the same shall have been transmitted by
facsimile or similar means·and the date of said delivery, mailing or transmission shall be the date of the giving of such notice.
Conditions Precedent: Purchaser's obligations under this Agreement are conditioned upon (i) Purchaser's receipt of this
Agreement duly executed by Owner, and (ii) approval by Purchaser in its sole and absolute discretion of the chain of title, if
any, for the Property and the Rights.
3
Entire Agreement: Except as herein expressly provided, this Agreement cancels and supersedes all prior negotiations and
undertakings relating to the Property and contains all terms and conditions, pertaining to the subject hereof. If there is any
conflict between any provision of this Agreement and any present or future statute, law, ordinance or regulation the latter
shall prevail; provided, that the affected provision shall be limited only to the extent necessary and no other provision shall be
affected. This Agreement may be signed in counterpart and by electronic means (e.g., fax, PDF, JPEG, TIF), each of which
shall be deemed an original, but all of which together shall constitute the Agreement.
The undersigned have caused this Agreement to be executed with full force and effect as of the date first above written.
PURCHASER: OWNER:
RY~Y~
RABBITBANDINI PRODUCTIONS, LLC
By:
Its:
9
4
EXHIBITB
From: James Franco
Sent: Friday, October 18, 2013 9:22 PM PDT
To: Ryan Moody
CC: Vince Jolivette*******
Subject: Re: The room
Awesome
And watch the fihn !!
Maybe watch first
Peace
The first draft of the Disaster Artist script is attached. It's 141 pages right now, so
obviously I still have a lot of editing to do, but I think it's finally ready for you to read.
Please let me know when you have notes. I'm anxious to get started on the next draft.
Thank you again for this opportunity. I can honestly say this was the most fun I've had
writing a script.
Enjoy!
Ryan Moody
MFA Candidate in Directing
UCLA School of Theater, Film & Television
330.240.6780
www.moodymovies.com
EXHIBITD
From: James Weaver
Sent: Monday, December 9, 2013 2:14 PM PST
To: Ryan Moody
CC: Josh Fagen
Subject: Re: Disaster Artist notes
Ryan! Sorry for the delayed response. Let's set up a time for sure.
Thanks for all the great notes today in the Skype session. It will be a huge help moving
forward.
Because there was so many people, some of the notes got jumbled up, and I wasn't
able to get them all down. Would you maybe have time at some point to do a quick
one-on-one discussion just to help me get a little more specificity?
&
330.240.6780
www.moodymovies.com
James Weaver
Point Grey Pictures
(0) 323.469.0635
EXHIBITE
From: Ryan Moody
Sent: Thursday, January 9, 2014 1:50 AM PST
To: James Franco; Vince Jolivette; Iris Torres; REDACTED ; James Weaver; ariel shaffir;
kylehunter@hotmail.com
CC: Samantha Barrow; Jess Zobler
Subject: Disaster Artist Draft 2
Attachments: DisasterArtist_D2_010914.pdf
Hey guys. The 2nd draft of Disaster Artist is attached. I hope you like it. Let me know
what you think either way. Thanks.
Ryan Moody
330.240.6780
www.moodymovies.com
EXHIBIT F
From: Ryan Moody
Sent: Wednesday, January 22, 2014 1:02 PM PST
To: James Franco
CC: Jess Zobler
Subject: Draft 3
Attachments: DisasterArtist_D3_012214.pdf
James:
Attached is a new draft with additions based on our conversation last week. I wanted to
send it to you before I sent it to everyone else to make sure I'm heading in the right
direction. The stuff that is different from draft 2 is marked with asterisks on the right
side.
I was having trouble incorporating the stuff from Tommy's childhood, so I'd like to talk to
you more specifically about your ideas on where to incorporate that.
When you get a chance to look it over, let me know what you think.
Thanks dude.
Ryan Moody
MFA Candidate in Directing
UCLA School of Theater, Film & Television
330.240.6780
www.moodymovies.com
EXHIBITG
From: Ryan Moody
Sent: Monday, January 27, 2014 1:07 PM PST
To: Ronni Minnis
CC: Joshua Fagen; Iris Torres; Vince Jolivette; samantha barrows; Anna Villareal
Subject: Re: Disaster Artist Draft 2
I will be there, and I will need a parking pass please. Thank you.
so to clarify to the team CC'd here, the DISASTER ARTIST meeting is currently tentatively
scheduled for tomorrow, tuesday jan 28th at aprox 8:00pm or 8:30pm on the Sony lot.
please confirm your avail so Josh knows who he will need to get parking passes for.
thank you!
On Mon, Jan 27, 2014 at 12:41 PM, Joshua Fagen REDACTED wrote:
around 8 or 8:30pm
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
what time, love? i have to get several folks who are not on set with you to this one.
On Mon, Jan 27, 2014 at 12:39 PM, Joshua Fagen REDACTED wrote:
I'm working to confirm it. Should know within the next couple hours. Think we're
looking good as of now.
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
On Tue, Jan 21, 2014 at 5:06 PM, Joshua Fagen REDACTED wrote:
And if it doesn't, we will make it.
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
Josh,
i added a few additional friends to the chain who James would like
to have there.
;)Ronni
Hey guys,
Josh Fagen
Point Grey
(0) 323.469.0635
(C) 516.242.2162
Word
Cool
Can we all read this before interview reshoots and have a mtg
then?
Seth said he would
Muchluvvvvv
Peace
Ryan Moody
330.240.6780
www.moodymovies.com
<DisasterArtist_D2_010914.pdf>
REDACTED
818-259-1411
Ronni Minnis
REDACTED
818-259-1411
Ronni Minnis
Ronni Minnis
Ronni Minnis
REDACTED
818-259-1411
Ronni Minnis
REDACTED
818-259-1411
Ronni Minnis
Ronni Minnis
REDACTED
818-259-1411
EXHIBITH
L/LO/LU.ltl James r-ranco s t"'roaucnon vompany r1cquires oooK r1oou1 ;:,o-oaa-11 s-1..:>ooa vun 1V1ov1e 1ne Koom I ueaa11ne
James Franco's
Production Company
Acquires Book About
So-Bad-It's-Good
Cult Movie
'The Room'
The Deadline Team
February 7, 2014 6:30pm Rabbit
Bandini Productions has
optioned book and life
Bandini
partner
Vince
Hey guys. The 4th draft of The Disaster Artist is attached. The changes from drafts 2
and 3 are starred on the right. I tried to include everything we talked about in our last
meeting, so the page count is still a bit long. Let me know what you think.
Ryan Moody
330.240.6780
www.moodymovies.com
EXHIBIT J
From: Iris Torres
Sent: Friday, February 14, 2014 3:43 PM PST
To: Ryan Moody
CC: Vince Jolivette; Anna Villareal
Subject: writer agreement (The Disaster Arist-Ryan Moody)
Attachments: 2014-2-5 Ryan Moody - Disaster Artist - Screenwriting.pdf
Hello Ryan,
Please see attached your writers agreement-
Iris Torres
Rabbit Bandini Productions
REDACTED
EXHIBITK
Independent Contractor Agreement
This Agreement is made and entered into as of the 5th day of February, 2014, by and between
RabbUBandbd LLC, a California limited liability company (hereinafter "Producer"), and Ryan
Moody, an individual (hereinafter "'Contractor''), (coUectively, the "Parties"). In consideration
of the mutual covenants contained herein, Parties hereby agree as follows:
2) Compen~ti<>n I Payment:
Upon request, Contractor wiU provide, and return to .Producer whatever documents,
assignments, certificates of authorship, information, and that are in Contractor's
possession or reasonably available to Producer to its copyrights,
patents, trade and other intellectual property rights in any produced as a result
of this Any equipment, hard drives, software (including passwords and
codes), parking or or were provided to by
Producer for use under the terms of this Agreemen.t wrn be returned. promptly to Producer.
Contractor acknowledges that during the engagement he/she win have access to various trade
secrets, inventions, processes, info.rmation, records, and products owned by Producer and/or used
by Producer in connecfio:n with the operation of its business including, without limitation,
Producer's customer lists, accounts~ and proced1.m::s. Contractor agrees he/she wm not
disclose any of these materials or information, directly or indirectly, or use any of them in any
manner, either the term. ofthis Af,'feement or at any except as required in
the course with Producer's benefit further agrees that
he will not disdose the tenns of this Agreement to any person without the prior written consent
of Producer and shall at 1imes preserve the confidential nature of his/her relationship to
Producer. Contractor may be required to execute additional, customer- or project-specific
confidentiality agreements as a condition of performing Work. Contractor hereby
agrees to execute such additional agreements as are reasonably protection of
Producer or customers or su1::ipi1ers.
5) .Non-SoUeitatfon:
6) Entire Understanding:
7) Assigm:mmt:
8) Force M~jeure:
9) Term of Agre~m~nt:
Regardless of anything to the contrary in this Agreement, the following sections of this
Agreement shall survive its expiration or termination: 2, 3, 4, 5, 9, 10, 11, 12, and 13.
10.1) In performing the Work described in this Agreement and in Schedule A. Contractor will
employ Contractor's best technical procedures, skill, and judgment. Contractor will perform the
Work in a manner consistent with Producer's best interests.
10.2) Contractor will provide the Work as described in Schedule A that conforms to the
specifications agreed upon between Producer and Contractor.
10 .3) Neither the Work nor any its components have been previously produced I published in
whole or in part in any format by Contractor, except as disclosed in writing to Producer.
10.4) Any Work provided by Contractor to Producer is whoUy original to Contractor and does
not infringe on any copyright, trademark, patent, trade name, or other intellectual property right
belonging to any person or business entity.
10. 5) Contractor is free to execute this letter of Agreement and that he is not under any
obligation or disabHity which would in any manner or to any extent prevent or restrict him
entering into and fully performing this letter of agreement
10.6) No other person, firm or corporation possesses any right, title or interest in and to the
Work and that there are no cl.aims or litigation pending or threatened adversely affecting the
Contractor's rights in the Work. Contractor shall not create any lien, charge or claim against the
Producer or against the Work or against any production utilizing the Work, and in the event a
lien or charge shall be registered or a claim made as aforesaid, Contractor shall within five (5)
business days of the same ,coming to his attention, cause the :same to be discharged by payment
into Court, bond or otherwise.
10.7) The said covenants, representations and warranties crn1tame:a herein shaH survive the term
of Agreement.
1O.8) Contractor agrees to indemnify and h.old harmless the Producer, its suc<Jessors, licensees
and assi&ms, from and against an damage, liability and expense, including actual legal fees and
10.9) Contractor agrees to execute any and all documents reasonably required by Producer to
effectuate the specific terms, purposes and intent of this Agreement or to assist Producer in
obtaining the execution of such documents, as appropriate. To the that Contractor fails to
execute such documents within ten (10) business days of Contractor's receipt thereof, Contractor
hereby appoints Producer as Contractor's attorney-in-fact but only for the of executing
such documents.
Contractor agrees to and makes the following declarations (initi:aJ each i;} the space provided):
11.2) Contractor is responsible for and possesses, or will timely obtain, aU necessary licenses or
permits to perfonn the \Vork for Producer 1.mde:r this Agreement shaH comply with
all applicable federal, and local laws in performing the Work Agreement. _ _
11.3) Contractor shall be responsible for his/her own self-employment, payroB, and income
taxes and shall indemnify, defond, and hoid harmless Producer from and against the same.
11.4) Contractor shall not be entitled to any unemployment compensation, health insurance,
disability insurance, workman's compensation insurance, or other benefits not specified in this
Agreement or an Schedule while providing, or on account of providing, Vi/ork to
Producer.
11.5) Contractor possesses the requisite skill and experience to complete the Work in a
professional and timely manner in accordance with industry standards. Contractor shall receive
no training from Producer. _ _
11.6) Unless otherwise stated in this Agreement or an attached Schedule, Contractor shall bill
Producer on a monthly basis for the Work Contractor provides to Producer. --··-----
11.7) Except as provided in Section 5 of this Agreement, Contractor shall perfonn Work for
Producer under this Agreement on a non-e:xdusive basis and shall retain the right to provide the
same or similar product(s) and/or services to other Producers, provided that such work does not
interfere with tl1e ability of Contractor to fulfill obligations to Producer under this Agreement
on a timely basis. ____
11.9) Except as otherwise agreed in an attached Schedule, Contractor shall be responsible for
his/her own expenses and equipment, and may perform the Work wherever Contractor deems
reasonable.
11.10) Any breach or threatened breach of Sections 3, 4, and 5 of this Agreement by Contractor
is material to Producer and not adequately compensable by money drunages; therefore, equitable
and injunctive relief shall be authorized to enjoin any such breach or threatened breach, such
equitable relief being reasonably necessary for the protection of Producer's interest, and, lacking
the provisions of Sections 3, 4, 5, and this Section l L 10, Producer would be unwilling to enter
into this Agreement
This Agreement shall deemed to be made and and shaH be governed by and
construed in accordance with the Jaws of the State of California and of the United States of
America without regard to conflicts of laws provisions.
13) Headings
The headings and captions in this Agreem.ent are for convenient reference only, and shall not be
used in the interpretation oft.his Agreement.
This Agreement shall be binding upon the respective heirs, executors, administrators, successors
and permitted assignees ofthe Contractor and the Producer. No waiver by either party of any
failure by the other to keep or perform any provision hereof shall be deemed to be a waiver of
any preceding or succeeding breach of the same or any other provision.
Any dispute concerning, arising from, or in connection with this Agreement or the Work shaH be
resolved through good-faith negotiation or mediation, and failing that, in the state and federal
courts located in the State of California, County of Los Angeles. The prevailing Party, if any, in
such litigation shall be entitled to reimbursement of its reasonable attorneys' fees and costs.
This Agreement m.ay be executed in multiple counterparts, of which, when solely executed,
shall be deemed an original, but which counterparts together shall constitute one and the same
instrument. A sihYTiature delivered via facsimile, email, or attachment to email shall be equally as
effective as an original ~ignature delivered in-person, by postal mail, or by any other means.
CONTRACTOR!7 j
< / I
6 fl
·1-'-t~·"
/
Ryan Moody
Phone:
REDACTED
Email:
PRODUCER:
The First Draft of the screenplay for the Film shall be due ivithin 60 (sixty) days of
execution hereof one month
(four weeks) to (the of the Work
shall be made by Contractor as film.
Compensatimi:
As full compensation for the services performed by the Contractor, and as fuU payment
for all the rights granted herein, the Producer shall pay Contractor as follows:
Expenses:
Contractor shaU not be entitled to reimbursement of any out-of-pocket expenses unless
they are pre~approved by Producer writing.
Credit:
Credit for the Work shall be given pursuant to industry standards, and subject to
studio/distributor approval. AU matters regarding prominence, placement, style, and color
of said credits shall be in Producer's sole discretion. No casual or inadvertent failure by
Producer to comply w~th credit requirements hereunder shaH be a breach of this
Agreement Contractor acknowledges that the Project is not subject to the WGA MBA
If additional writing services are required to finish the Film, and Contractor is unwilling or
unavailable to provide 'said services, an additi<,nal '\vri.ter( s) may be engaged to complete the
screenplay for the .Film. ln such a case, Contractor shall be listed as the "Written by" credit
among those receiving such credit, if more than one.
attached
Ryan Moody
330.240.6780
wvvw.moodvmovies.com
EXHIBITM
From: Ryan Moody
Sent: Friday, February 28, 2014 10:27 PM PST
To: James Franco; Vince Jolivette; Iris Torres; REDACTED ; James Weaver
Subject: Disaster Aritst draft 5
Attachments: DisasterArtist_DS_ 022814. pdf
The latest draft is attached. All the new additions are starred. It's running long, but let me know
what you think. Talk to you soon. Thanks.
Ryan Moody
330.240.6780
w-vvw.moodvmovies.com
EXHIBITN
From: Ryan Moody
Sent: Wednesday, April 2, 2014 6:26 PM PDT
To: James Franco
CC: Vince Jolivette
Subject: Re: Disaster Artist
Peace
James,
You want me to write and direct On The Bus, right? That's what we talked about back in
Fall, but it's been awhile, so I just wanted to make sure you and I are on the same page. I
know I'm writing it, but I just want to make sure you want me to direct as well.
330.240.6780
wvvw.moodymovics.com
Ryan Moody
330.240.6780
www.moodvmovies.com
EXHIBITO
From: Ryan Moody
Sent: Wednesday, April 2, 2014 9:06 AM PDT
To: James Weaver
Subject: Disaster Artist
James,
I spoke with Franco earlier this week. He told me I'm being moved to associate producer?
I completely understand that you guys want to bring in writers with more experience, but I've
been working on this since October, and have done the first draft and 2 rewrites. I really would
like to preserve a writing credit on this.
Ryan Moody
330.240.6780
\'-l\vvv.moodvmovies.com
EXHIBIT P
From: Ryan Moody
Sent: Wednesday, May 21, 2014 8:06 PM PDT
To: Vince Jolivette
CC: Colin Stark; scan GLASSGOLD
Subject: Re: Disaster artist
I'm sorry about this Vince. We did meet today, but we have yet to hear from the lawyer. I just got
off the phone with Colin. As soon he gives us the ok, I'll get it signed and sent to you
immediately.
On Wed, May 21, 2014 at 8:03 PM, Vince Jolivette REDACTED wrote:
Did you guys meet today?
Ryan- I can not stress the importance of getting
Ryan Moody
330.240.6780
vvww .moodymovies.com