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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 $5,000,000.00  is 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.

2.      The 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.

3.      The 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.

B.     The 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 statement.

C.     Once 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.

D.    Third production rights and further sequential production rights will be granted under the same respective formula as second production rights are to first production rights.

E.     The 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.

F.      In 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.

G.    Gross Proceeds is to be defined weekly for the recurring life of the revenue stream.

H.    Gross 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.

I.       The 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.

J.       Crew 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.  

K.    Note: 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.’

L.     What 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 percentage.

M.   Once the first showing of the movie has commenced all costs will be deemed to have occurred and accrued with regard to its production.

N.    The 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.

O.    Author 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.

P.      Author does indeed have stock footage available to the producer upon determination if appropriate.

Q.    Author 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.

R.     The 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.

S.      Once 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 $200.

T.      If 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.

U.    Other terms are that producer bears all the risks involved and inherent in movie production.

V.    Author has right to be on production sidelines in a snoop like fashion.

W.   Producer 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.

X.    By placing a bid potential purchaser is deemed to agree to all terms and conditions and to comply with them.

Y.    Producer 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.  

Z.     Production 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 non-refundable.

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.

But it is so much more than that!!!

Interest parties may email me at TMPHOTO@WI.RR.COM

Serious inquiries only.

Buyer is assured of movie rights as stated when I have received the winning bid.

Thomas Paul Murphy
4964 N. Marlborough Dr.
Whitefish Bay WI 53217
Phone:  1-414-962-379

Copyright 2012 Thomas Paul Murphy

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