So, I’m getting good traction - some with submission release forms required and some without. Overall about 16 reads offers since January.
I’ve done a lot of research on them lately and the industry’’s completely split. It’s a damned if you do and damaged if you don’t scenario. If you sign - you sign away most of your litigation rights. (Saw that on numerous lawyer sites) if you don’t they don’t read it.
I know the producers, studios, and others have to protect themselves, but there are cut throats out there (just like all professions) some say a name company or producer wouldn’t steal, but they have. There are a lot of cases throughout the years.
What are your opinions about this.
On a side note: I was always skeptical about the part that says any desprenency will be handled by arbitration rather than litigation. Almost every lawyer said you want this as most have clauses about not being able to recoup court cost - a big production company will kill you financially with there legal teams. In arbitration - you usually get WGA minimum 25K - Not me talking - lawyers.
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Take a third option, or at least have a third option ready (that's what I do, with a little psychological trickery). Ask for a second opinion and think about it.
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What are the cases where material was proven to be stolen? I only know of one in the past few decades.
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People often sue and are paid nuisance money to go away.
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Wasn't there a best picture film in recent years accused of plagiarism? I forget which one. I'm also aware of Coming to America, The Purge, and Gravity as being accused/sued. But these things are tough to prove and tough to litigate, even when you've got relatively deep pockets like Art Buchwald and Tess Gerritsen. Oh, and then there's The Lion King, which almost certainly ripped off some Japanese animation, but the Japanese don't have a litigious society and nobody ever sued.
According to a lawyer site, there are numerous arbitration cases (most releases include that in them as the only way to handle it) that you never heard about and were settled for WGA min 25k. -not chump change but take out lawyers fee. (Yes you still need one) Most decisions get sealed - why you never hear of them. Still might sign a couple. Only way to get my script out.
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That 25k to a big studio is the nuisance money that Craig is talking about,
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You really have to ask yourself, what's more important: protecting your "original ideas" or getting your foot in the door? My understanding is that, in most cases, everything you submit as an aspiring screenwriter is considered a writing sample, not a finished piece going straight into production. From my limited experience, it seems that most writers need to prove their ability to write quickly and consistently to be considered a good "hire" or an attractive candidate for an agent or manager. I think you should go ahead with what you mentioned above: sign a few of the least-shady documents and roll the dice. Have plenty of ideas for other projects on hand if and when you do get a real opportunity. Good luck. We're all rooting for you!
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Eric Christopherson The Lion King is turn for turn Hamlet, I haven’t seen such a blatant rip off.
Gravity was a strange case. The film company already owned the book rights. The book as was about a space station that had a dead virus on it. They were trying to get back while the earth was trying to stop it. Completely different story. The author was jumping up and down because she didn’t get a bonus payment.
This is why ideas are not copyright protected.
I’ve said this heaps on here. ‘Dances with Wolves’ and ‘Avatar’ are basically the same film.
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Dan MaxXx good point. WGA arbitration is about credit which is used to dictate royalties into the future. All explained on the WGA site.
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Hi John,
16 read requests in a month? That's pretty great for you!
Do read through the release agreement and make sure it's a standard release agreement. There's usually a section regarding how a company requests a lot of works, and some might be similar to yours, and that you won't hold them liable if they produce something similar to your work. That section sometimes looks like this:
"I acknowledge that because of your position in the entertainment industry you receive
numerous submissions of ideas, formats, stories, suggestions and the like and that
many such submissions heretofore or hereafter received by you are similar to or
identical to those developed by you or your employees or, if an agent, are otherwise
available to you. I understand that I will not be entitled to any compensation because of the use by you of any such similar material."
Best fortunes in all those read requests, John!
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Release forms are an industry standard. Companies have to protect themselves from people suing them. IE: "We have a lot of projects, and one might be similar to yours." That being said, there is nothing wrong with reading the language and deciding not to sign if it's particularly troubling.
As a non-lawyer, I will offer my OPINION: be leary of contracts that contain language which have you agree to agree to any amount for damages ahead of time. IE: "If you do sue and can prove malice, you are agreeing now that damages you can earn will not exceed $1000.00" etc. IMO that gives them cart blanche to scoop up your idea as their own.
Don't let people tell you it doesn't happen. It sure as heck does. The reason you don't see a lot of lawsuits is because most people don't have the money to take on a production company with experienced lawyers, or it settles before you hear about it. But, the general consensus is that this is very rare.
Protect your work with copyright, WGA registration, and paper trails. Always consult an entertainment attorney if you have any doubts.