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"You might think that I am off base, but I am published by the Securities and Exchange Commission."
Thomas Paul Murphy
Tuesday, June 26, 2012
Movie Production Rights for The Voyage of the Cauldron Skipper up for auction.
I am auctioning the Rights to produce a movie based on the
Novel, “The Voyage of the Cauldron Skipper” by Thomas Paul Murphy.ISBN# 9780615589510
Terms of Rights:
1.The auction will be open for 3 weeks from
today 06/26/2012 unless the author’s buy it now price of $5,000,000.00is met in which case the auction is over or
if the author agrees to a payment in the interest in bringing movie to
production in a more timely manner.The minimum starting Bid is $50,000.00.
bidder must have sufficient capital to pay for the rights that he has bid on
and is expected to have sufficient capital and resources to produce a movie
based on the novel in a timely manner.A timely manner means one year.
business model of the production company that buys the movie production rights
would be as follows:
A.Rights granted to the first producer are
granted in stipulation that the first movie produced based on the Novel will be
filmed and produced in Wisconsin.
movie rights would not be granted in any foreign country until all 50 states
have had the opportunity to sequentially obtain the right to produce a movie
based on the novel.Or not if the author
decides that otherwise is in the best interest, which does not mean author can
not reoffer second production and further rights in the future.The novel makes a pro environmental
first production rights have been procured and showing of the first production
movie has commenced a second production version will be allowed to start one
year from the first showing of the first production.The idea behind this concept is that every
state is brought to a higher level of environmental awareness with regard to
their rivers and waterways.
production rights and further sequential production rights will be granted
under the same respective formula as second production rights are to first
accounting for the Gross Revenues of the movie by the production company will
be one of profit sharing with all those to receive payment for labor for
working on the movie.
addition to the auction rights payment, for the movie, the author is to receive
3% of the gross proceeds of the movie production in perpetuity.The actors are to receive the same benefit in
perpetuity at a percentage agreed upon with the respective producer.In perpetuity means when the company collects
revenue of a sufficient amount to warrant a check payment to all parties it is
made to them as the profit cycle of the movie starts to increase.
Proceeds is to be defined weekly for the recurring life of the revenue stream.
proceeds are to be collected and aggregated to one balance.All who worked on the movie are to receive a
royalty based on the gross revenues.Gross revenues means all revenues received in relation to the novel
rights auctioned.Novel rights auctioned
means any revenue producer seeks to make in relation to the movie.
profit sharing is to be as follows.The
author will receive at least 3% of the Gross Proceeds.But the author is to receive no less than
triple the amount of the highest paid actor if the percentage agreement with
such actor is agreed to be more than 3% of the gross proceeds.
members are to receive at least a percentage equating to 20% of the highest
paid actor’s agreed on percentage share.For example if the highest paid actor has agreed to 2% of the gross
proceeds, with the producer, then production and crew employees are to receive
at least .004 percent.That reads four
tenths of one percent.So the producer
can expect that if he employs 22 employees, that percent paid to those
employees would total 8.8% of the gross proceeds.That does not sound too bad.
The more participants the less each share payment will equate to in terms of
the total payment.This is a motivation
to keep costs low and be more creative and hence more ‘antidotal humorous.’
percentage remains after percentage allocations have been agreed to with all
employees, actors, cast and crew is the producers share.Once the producer agrees to the percentages
with participants other than the author they may not be changed.Hence it is the producer’s responsibility not
to allocate more than 100 percent including what he expects his share to
be.Once the first showing of the movie
commences all profit sharing of gross proceeds can be considered set in stone
and the producer incurs any additional costs, to be paid for, with his
the first showing of the movie has commenced all costs will be deemed to have
occurred and accrued with regard to its production.
proceeds are expected to be invested in a safe keeping bank savings or checking
account that is essentially risk free.The financial institution is expected to be one of good financial
standing and credit rating.The author
reserves the right to determine if the selected bank is financially stable
without regard to any liability with his determination not being so.If the author determines the financial
institution is not credible then the producer must agree to change the
bank.This clause is also designed to
prevent any cross dealings and resultant failures.
reserves the right to stop the auction in the interest of producing a movie in
a more timely manner and/or if he considers a bid sufficient is made.But is under no obligation to do so.Most likely in order for this stipulation to
conform with Ebay rules it means a buy it now price will be set.
does indeed have stock footage available to the producer upon determination if appropriate.
has the right to refuse elements of film production that are not with the
spirit of the novel or that he feels are an objectionable and/or inconsistent
representations of his literary work.This stipulation is stated in order to maintain a higher level of humor
and not overtly pander to obscenity.
producer can expect to receive a list of actor candidates that would fit the
characters in the novel as a matter of reference as to what the author’s
literary intent with regard to the characters was.This does not mean that the producer is bound
in any means to use such actor’s, it is just the authors way of communicating what
the personified secondary character traits of characters are like and is meant
to lend a greater depth to the movie.
showing starts and revenues are received all are to be paid on their agreed
upon profit sharing percentage of the proceeds.Distribution of proceeds is expected to commence within two weeks are
after first showing or when substantial proceeds are received.Substantial proceeds are defined to be what
the lowest percentage paid worker would consider a payment to keep them
going.This is an anti-sitting on
proceeds clause.The calculation with
regard to this is set when the lowest percentage paid worker who is also the
lowest net worth worker states what his/her weekly living expenses are.So you take that amount if reasonable and
divide by his percentage to determine if you have enough proceeds to make a distribution.Weekly disbursements are to remain in effect
until proceeds no longer meet this lowest paid workers weekly share at which
time all on proceeds list are to be notified that the proceeds are becoming low
and they should consider this in terms of what changes in their lives they will
need to make independent of this paycheck in order to cover their living
expenses.In other words you are telling
them they need to look for a job.As an
established minimum this amount is to be initially set at a minimum amount of
author receives a bid he considers appropriate and decides to accept it he may
or may not give a “gavel warning time” of two days for other interested bidders
to have a chance.This clause is to
conform with EBay auction principals and policies in that if it is not possible
per Ebay it does not apply.There may
not be the ability to accept a buy it now bid that is reserved from being known
that is different than the minimum starting bid.Hence the auction is to conform with Ebay
rules in order to be effective on Ebay.Hence a buy it now bidder can trump what the current offer is at any
time, if a buy it now price is set. And
this clause is likely to be handled buy a buy it now price if in place.
terms are that producer bears all the risks involved and inherent in movie
has right to be on production sidelines in a snoop like fashion.
agrees to listen to suggestions of author whether called for or not.And if made in written or email form producer
agrees to read them on a daily basis.
placing a bid potential purchaser is deemed to agree to all terms and
conditions and to comply with them.
is deemed to be one person even if there is more than one.Hence producer means Production Entity in
terms of profit sharing.Production
Entity is also the equivalent of the successful bidder.Upon successful bid, bidder has in effect
signed in agreement to all terms.Production Entity means who is paying for the initial rights.In the case of a large Production entity, any
and all employees involved in direct or indirect labor are to become members of
the profit sharing agreement.Direct
labor deserves a percentage stated independent of the Production Entities set
in stone amount at time of first showing.Indirect labor is also stipulated to receive a profit sharing agreement
that comes from the Production entities percentage share.Indirect labor means all employees that have
worked for the for the production entity at any time frame from conception of
bidding for rights through first showing.This means all those employees are to get some percentage of profit no
to be determined by the Production Entity, so long as it is something. I.e.More than absolute zero.This
calculation bears no relation to the lowest paid employee calculation.The stipulation is in place to handle the
involvement of a larger production entity.
entity agrees to maintain a Transparent Accounting system and files.A profit sharing member has the right to
review such accounting system at any time.This access to records means that Producer agrees to email them or make
them available for download to a profit sharing member.The Producer also agrees that an employee may
view the records at the business address of the producer upon appointment.And Producer agrees to keep that appointment
or have a competent agent fulfill the role in that appointment.
AA.Reasonable time frame means one year to
produce unless other bonafide considerations necessitate a longer time period.
BB.It is the Producer Responsibility to
maintain database of profit sharing members. And it is the Producers responsibility to
notify the profit sharing members upon a change in address or Producer or a
change of bank.It is the profit sharing
member’s responsibility to notify the producer of same with respect to
themselves.All profit sharing members
are expected to provide relevant information with regard to a secondary
beneficiary.Name, address and bank they
use.These provisions are in place so
that there are no bounced payments and lost beneficiaries.
CC.The auction payment for the right is
DD.Purchase of the rights to this novel to
not guarantee the successful bidder the rights to any sequel.
If producer is found to not be fraudulently
calculating the profit sharing rules and disbursement payments the producer
waves rights to future income stream once his costs at time of first showing
have been covered with his profit share.This stipulation is only in effect upon an apparent material error or
fraud.Material error for the purpose of
these production rights to mean more than 2.9% of gross proceeds.
No effort will be made to hide the identity of a
bidder and to the contrary the identity of a bidder if known will be used in an
attempt to obtain a higher bid.
A cursory list of expenses and suggestions will be
provided up placing a bid and evidence that you are the bidder.This list of expenses is what they author had
in mind if it were to be an extremely low budget type production whereby new
personality actors would carry the movie.
Any breach of contract other than those breaches of
contract stated will result in gross proceeds being handled and distributed by
an independent third party at the percentages considered set in stone at the
time of first showing.
The auction payment for the right is non-refundable.
The novel is on sale at select Milwaukee area
booksellers and also available online.
The novel is packed with witty dialog.
The back of the cover reads:
RB Rough starts to romanticize about Tamarack after rescuing her from her boat;
adrift, without power and headed for a waterfall. All havoc then ensues when
her tow domineering sisters arrive; Shurlene and Medika. RB's two companions,
talking Moreloafs, valiantly serve as his crew. The main source of
entertainment for the residents of this quiet world 'Aqua Caverness' is a
weekly boat race on the Cauldron River; a river that is one of a multitude of
connected rivers on this planet that lacks large oceans. RB is cast over the
falls and left for dead. He drifts downstream where he is rescued by a
diminutive and loving race of beings called Worblers. They nurture RB back to
health and help repair his boat. Along the way back he meets a wizened man
named Sawmill Man who operates a saw mill on the river. RB explores a lost city
and is attacked by a demon. RB's voyage home is filled with adventure and humor
in this world of backwards/forwards technology.