A production company asked to see my script. He sent an agreement limited to that. Will you guys tell me if this agreement has merit? Should I send the screenplay? Please advise.
" You agree that you will not use the Material unless you shall first negotiate with me compensation for such use, but I understand and agree that your use of material containing features and elements similar to or identical with those contained in the Material shall not obligate you to negotiate with me nor entitle me to any compensation if you determine that you have an independent legal right to use such other material which is not derived from me (either because such features and elements were not new or novel, or were not originated by me, or because other persons have submitted or may hereafter submit material containing similar or identical features and elements not derived from me which you have the right to use)."
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I would take this agreement to a notary or a lawyer and have them look it over and revise it, because it seems too short and has several gaps in the wording that these people could bypass to take advantage of your work under your signed permission.
And I'd also watermark your work before sharing it too.
At first I thought it might be part of a Shopping List but there's no time limit on it.
Thanks for the info B.A. It's interesting to note that a lot of screenplay competitions have similar clauses that "excuses" them if your ideas, plot, structure and so forth are used after they receive them from 3rd parties.
How does the watermark protect it?
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On a physical copy of a script a watermark superimposes a brand, your name, or a copyright over top of any wording so that it may not be photocopied exactly while still making it readable.
On a digital copy it adds metadata to the document so that it signifies your claim as artist or deters them from copying and editing it.
But they can still type it manually into their computer with no watermark, metadata or trace of "me". Then do as they please?
Bill, I don't understand what you mean. Please explain.
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If your work is registered with the U.S Copyright Office the copyright watermark will actually mean something. A digital watermark restricts copying and printing your material without your permission. But if you're anxious that they'll attempt to retype out the physical watermarked work you've sent them, simply make sure to keep proof that you sent them it. If they produce anything similar you'll have an easy legal case.
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You should have your material copyrighted. But this is a standard agreement. If you want people to read/consider your material, the agreements are part of the deal.
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Dont send watermarked scripts. Geez...
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All agencies and producers require a submission agreement such as this. If you want to submit your material, you have to sign the submission agreement.
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Carlv On occasion a producer might want to put you on what's called a Shopping List. Their goal will be to get a studio interested in, for example, five scripts. They'll put together a list of 10 scripts and hope the studio will take half of them. Basically the studio is going shopping and gets to pick from the products offered them. I've been approached for that twice and both times had to sign an agreement giving the producer power to represent me for 30 days. After that it reverts back to me.
I thought about the original, novel content myself, Marty. But after the Covid crap, people are desperate and will do anything -- except me!
Carly, Covid means there is a massive backlog on things waiting for production. After Covid, when people start making everything they have purchased and optioned, we will hit a dry patch from a script sales POV. Our part of the process wasn’t effected. It forced us home to do more writing.
Thanks 4 the info Daisy. I can trust your insights because of your impressive credits in writing.
What worries me about this "agreement" is that there is no time limit specified. You send it to them, with agreement to that clause, and your script is stuck in limbo the whole time that agreement is "live". If they're THAT interested, they should option it within a certain time frame following receiving the script. If they don't, I'd suggest that all rights revert back to you.
There is nothing in this quoted clause about giving up rights. It just says that you won't be compensated if they use similar material from other sources. All submission agreements have a clause of this type.
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Marty. I believe he said a producer asked to read his screenplay not an agent. An agent would not normally request someone to sign a release agreement since they don't normally produce movies.
You're welcome Marty.
Dude Marty you're B.S. I told you to back off me . Now you're using profanity Bit..!
The 2 dudes who rated "1" on my logline... Fed Bit....!
In all farness I agree with B A Mason. remember this too is a learning Esperance for you and the best teacher is a good lawyer. https://firemark.com/contact-us/media/ is a good friend of minds. look him up and be nice for attuited goes along way with professionals
Carlv Coleman. I am one of the people who rated your logline a 1 because I felt that is what it deserved. I don’t know what Fed Bit....! even means.
U
Carlv Coleman. Sorry, but I still have no clue what you are saying.
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They sent you a standard NDNC If you trust the company and did your due dillegence with them then yes send it.
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As Odette says, this is a standard agreement. If you have a problem with this then you won't be able to submit anywhere.
Yeah. I signed hundreds of them before I got an agent to rep me.