View Full Version : 411 on John Brister Films
10-14-2004, 06:37 PM
Anybody know anything about John Brister Films?
10-20-2004, 05:38 PM
Here is clause from hell from John Blister's release form
"        If you desire to use the Material in any media, you shall notify me thereof and you and I shall negotiate in good faith for the execution of an express contract setting forth the terms and conditions for the acquisition by you of any or all rights in the Material which you may desire to acquire. If we are unable to agree upon such terms and conditions or in the event of any dispute arising out of or in connection with the Material or this Agreement, such matter or dispute shall be submitted to arbitration. Either party hereto may commence arbitration proceedings by giving the other party written notice thereof. In such event, the arbitrator shall be an individual experienced in the entertainment industry and shall be mutually selected by you and me or, if we cannot so agree, then the arbitrator shall be selected by the rules of the American Arbitration Association. In either event, the arbitrator shall be controlled by the terms of this Agreement. Any award favorable to me shall be limited to the fixing of compensation which shall be equal to the then applicable minimum amount payable for the Material under the applicable Writer’s Guild of America Basic Agreement. If there is no applicable minimum amount payable for the Material under the Writer’s Guild of America Basic Agreement or if I am not a member of the Writer’s Guild of America, then any award favorable to me shall be limited to the fixing of an amount of compensation which shall bear a reasonable relation to compensation customarily paid by you for similar material, taking into account my experience as a writer, my stature in the industry at the time the Material was submitted, the nature of the Material and any amounts received by me for other material written before the submission of the Material to you. Any arbitration award shall provide you and me to bear our own costs of arbitration, which costs shall include our respective attorneys’ fees. The arbitration award shall be final and may not be appealed for any reason whatsoever. Each party hereby waives any and all rights and benefits he, she or it may otherwise have to litigate any such dispute in court, it being the intention of the parties to arbitrate all disputes according to the provisions hereof. Any such arbitration shall be conducted in Los Angeles, California and shall be governed by and subject to the laws of the State of California and the rules of the American Arbitration Association, except as otherwise provided herein."
Yup he can force your to sell your script for a nickel if he wanted to...
10-20-2004, 05:51 PM
Interesting interpretation, Tim...
I wouldn't worry about it. Any clause that denies you rights you already have by law is invalid. And, probably, would invalidate the whole release form.
10-23-2004, 10:35 AM
Still would you want to do business with someone who would even think of putting a clause like that in his release...
I'm not that desperate....
10-23-2004, 11:59 PM
But he certainly is.
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