The use of "identical" in release forms

[DenV]

I've noticed that an alarming number of release forms use the term "identical" these days. At inzide.com, this issue was raised, the following was their response:


<!--EZCODE ITALIC START--> The word "identical" is used in 99% of the release forms around town and is very standard. We agree the term "identical" is a strong one. However, it is very necessary, and it has nothing to do with someone stealing your work. On the contrary, it is to protect your work when someone else comes along with the same logline for their script. To explain: last week alone we got queried on eight scripts all telling an identical story: a group of slacker pose as a band, end up winning a record contract and go on the road, only to discover they really liked their old lives. Eight of them. The only thing that distinguished one from the next were specific scenes and the most crucial and valuable thing a writer has -- VOICE. Each voice makes the execution of the script different, despite the similar idea. (Think, if you put Picasso and Monet in a room, both in front of the same bowl of fruit. You'd get wildly different paintings.) Now, what happens if we pick one of those eight? Any reader would look them over and agree -- they are different...but some writer might try to say theirs was stolen because of the plot. We'd answer, "No. Look at the voice. This script is nothing like yours, despite the similarity in plot." Thus, our contacts need to say identical, because of plot, but we all agree VOICE makes each script a unique journey.<!--EZCODE ITALIC END-->

Any comments?

[Dragonslayer02]

It depends on the script. If I have a high concept script, I'd scratch out the word "identical" in the contract and only then sign it. If it's a more conventional story, I'd scratch out "identical" and insert "similar in tone" or some such.

DS2

[heyyady]

What then keeps them from having someone else write the story over... your idea, their voice, and they then have the right to not pay you for this? gees, the more I hear about this business, the more I want to go back to writing childrens stories....

[jwa418]

Draonslayer, if you make any changes to a contract don't forget to initial them. If the company has a problem with the changes they will tell you, if they don't have a problem with them they can simply sign and file it or they'll write up a new agreement. If they sign it without reading it the changes are still considered legal, at least were I live they are.
&nbsp &nbsp &nbsp &nbsp I learned this from my attorney during my divorce.

&nbsp &nbsp &nbsp &nbsp J.W.

[TonyRob]

What's to stop them?

Reputation.

Tony

[icmexec]

The real concern for inspiring writers shouldn't be
whether or not someone will steal your idea.

It's whether or not someone will read your script.

Sign the form.

[EJS1]

re: icmexec

I agree. before anything, good OR bad, can happen to that project, it has to be read FIRST. Paranoia over possible theft will stop your project from getting read because new writers aren't in a position to demand anything in terms of your project being submitted. Well - actually you CAN make demands...but your project won't get read. The best you can do, if you're not repped, is scrutinize the company that wants to read your project post-release and then take your chances. The odds are against it being stolen anyway. Just register it and maintain a definitive paper trail. OR-- you could just submit to Tibetan monks, JUST to be safe...

[icmexec]

Wise words, EJS1.

[Bill Marquardt]

Look closely at the form. The one which I received from Saturn used the word "identical", but also included language which made it clear the "identical" works could not be derived from the original.

No one has a license to steal your work. Of course, the burden of proof lies on the complainant, so registration and accurate records are essential.

[FormerDBoy]

There was actually a case at a company I worked
for where the DOD read a submission, passed on it,
then wrote a very similar story that was bought by
the company for mid six. The writer of the original piece
got his hands on the shooting script, and raised holy hell. 2 mil in settlement later, the movie was made (and never released domestically as Stallone sucks). It can happen, but
it is pretty rare. The former DOD has since left the Biz as
his rep is shot, and not to mention costing the company an
additional 2 mil in settlement fees. It's a risk most sane people won't take.

[mrkgreene]

Here's a question. What other "accurate records" are helpful besides the US copyright registration and the WGA registration of a script? Thanks.

[FormerDBoy]

You can mail yourself the script, keep the envelope sealed, and thus have dated evidence...Not sure on the legal strength of such a move, though.

[mrkgreene]

Hey Bill,
That "accurate records" question was in response to your post. Let me know if there is some more science to this...
Thanks.

[Bill Marquardt]

mrkgreene - WGA registration and copyright registration are the most important, but in addition you should retain copies of all your correspondence. Keep some sort of record of every place you send your queries, and especially the screenplay itself.

If you are ever unfortunate enough to go to court over some issue, you will find credibility often goes to the party with the most documentation.

If you are deducting your writing expenses as a business cost, you will find these records invaluable when confronted by the IRS, by the way.

[mrkgreene]

Thanks Bill. That's very helpful.

Mark

[DenV]

What Bill said.

Also, Letters, faxes, emails. Any and all previous drafts. Any notes received from other people that have read your script. Any rejection letters or correspondence from prodcos that have passed on your script, etc. You can also think about keeping a phone log and making entries with date and a short note about whom you spoke to and about what. None of it in itself is good enough on its own, but when it comes to litigation, all prima facie evidence adds up.

[thebobweb]

I pitched the summary of my screenplay to BH agent Jon Klane 11/24/99 and he replied that "WW2 is DOA in Hollywood." Then came Pearl Harbor 16 months later, and I saw on this website that Klane sold (in legal terms) "qualitatively substantially similar" material for "mid-six figures" to New Line Cinema. This despite the fact that AMPAS President BOB REHME himself had read my pitch since I've known him since 1985. My atty's letters to New Line and Klane and the prods who are cosidering the project were ignored, and civil atty's I sought in CA and NY wouldn't open their eyes to it without a retainer of about $25,000. This despite the Chairman of the ABA's National Committee on White Collar Crime having been my atty once in the past. He now reps AOL who owns Time Warner who owns New Line. So I'm left with criminal federal prosecution, and that, from Germany. Which is the next step. Lucky for me, I have a German friend atty who's doing that for a rate I can actually pay. Keep your eyes on "The Watch" by New Line, and remember the names "Remagen Bridge" which my script was about, and "Arnheim" which will be the bridge their film's about, since I confronted them. The old Hollywood story, change a cat to a dog, New York to L.A., and keep the unknowns unknown.