Would you sign this?

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  • Would you sign this?

    I've signed release forms before and have never seen something like this. This is from a big management company btw...

    "I acknowledge that materials developed by you may contain similarities to the Screenplay. I hereby waive and agree that I will never make any claim or demand or bring any action against you in connection with the use of the Screenplay. In this connection, I hereby release and absolutely and forever discharge you of and from any and all claims, damages, legal fees, costs, expenses, debts, actions and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which I now have, or at any time heretofore ever had or which I may have in the future, against you which in any way arise out of or in connection with the Screenplay."

    Hmm... any thoughts are greatly appreciated.

  • #2
    Re: Would you sign this?

    Seems boilerplate to me, but I'm not a lawyer.

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    • #3
      Re: Would you sign this?

      Originally posted by Travis View Post
      I've signed release forms before and have never seen something like this. This is from a big management company btw...

      "I acknowledge that materials developed by you may contain similarities to the Screenplay. I hereby waive and agree that I will never make any claim or demand or bring any action against you in connection with the use of the Screenplay. In this connection, I hereby release and absolutely and forever discharge you of and from any and all claims, damages, legal fees, costs, expenses, debts, actions and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which I now have, or at any time heretofore ever had or which I may have in the future, against you which in any way arise out of or in connection with the Screenplay."

      Hmm... any thoughts are greatly appreciated.
      i've signed several of these, and i'm not a lawyer, but i haven't seen anything quite this extreme. especially the parts in blue... and the next section that follows. it seems like overkill. yes, usually they ask you to hold them absolutely harmless, that there is an understanding by you that there could be similar and even an exactness of something in your script that they're already working on.

      i would consult a lawyer. what would concern me is this part, "the use of the screenplay," which indicates to me that they are covering them if they use something by accident or not.

      the thing with big firms, or any size firm or company really, is if they're in a creative session, they may say something like, "what if we did something like this" thinking it was their own idea, when it was from someone else's script that they read. that's what they're protecting themselves from.

      i have always signed these without question, but i've never seen anything like this, it just seems way over the top.

      maybe they've been sued before? i'd probably sign it, but it's crazy.
      "Arguing that you don't care about the right to privacy b/c you have nothing to hide is no different than saying you don't care about free speech because you have nothing to say." -- Edward Snowden

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      • #4
        Re: Would you sign this?

        Definitely consult an entertainment attorney. This is written to protect THEM with no regard at all to your own protection. In fact, it appears to be written in a way that could legally surrender all rights to them.

        I'd pay an attorney a one-time fee to review it and make a recommendation. But I wouldn't sign this.

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        • #5
          Re: Would you sign this?

          Originally posted by Travis View Post
          ...This is from a big management company btw...
          In the not-too-old days you heard a lot about "handshake" deals from managers. I guess the handshake deal hasn't been panning out too well for these guys, so they have to put their intent into writing (and hope nobody reads).

          Just remember, for handshake deals as well as these with a release form, they talk friendly but handshake or not rest assured they have a heavy-duty legal department right in the next room to take advantage of everything and anything.

          Hey, but you have the memory of that nice warm firm handshake!

          All I have is an attorney at-the-ready. He encourages me to register the copyrights on everything and is very litigation-minded - I often can't reach him for days, because he's in "litigation". At this stage in my writing I probably won't ever have an agent (or manager ).

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          • #6
            Re: Would you sign this?

            Originally posted by Cokeyskunk View Post
            I'd pay an attorney a one-time fee to review it and make a recommendation. But I wouldn't sign this.
            Sign and send or don't. These release forms aren't up for negotiation so don't waste your money.

            Originally posted by catcon View Post
            In the not-too-old days you heard a lot about "handshake" deals from managers. I guess the handshake deal hasn't been panning out too well for these guys, so they have to put their intent into writing (and hope nobody reads).
            The handshake is about representation, not the initial submission of a query.

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            • #7
              Re: Would you sign this?

              The language in the release is absurd. It essentially says, "Even if we decide to steal your idea, you can't sue us." It's like signing an employment contract that says: "If you get injured or maimed on the job and it's our fault, you can't sue us." As I mentioned in another thread, you can't negotiate away your legal rights. Most reasonable release forms acknowledge the writer's legal right to their literary property. Do you want to be represented by a company with such a release form? How much respect do they have for their writer-clients?

              Will
              "Ah, distinctly I remember it was in the bleak December; And each separate dying ember wrought its ghost upon the floor--"

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              • #8
                Re: Would you sign this?

                Originally posted by WillLevin View Post
                The language in the release is absurd. It essentially says, "Even if we decide to steal your idea, you can't sue us." It's like signing an employment contract that says: "If you get injured or maimed on the job and it's our fault, you can't sue us." As I mentioned in another thread, you can't negotiate away your legal rights. Most reasonable release forms acknowledge the writer's legal right to their literary property. Do you want to be represented by a company with such a release form? How much respect do they have for their writer-clients?

                Will

                Could not agree more. To me, this instantly translated to: "Look, we know it's next to impossible to break into this town. So sure, we'll read your script - so long as you give it to us, free and clear. If we make it into a film, we take all the cash and you won't make a dime. But hey, at least you can tell your friends you wrote it. IF they believe you, that is. Take it or leave it."


                I doubt I would trust a manager to look out for my best interests who asked me to sign a waiver like this. It should be written to have SOME sort of protection for the writer included.

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                • #9
                  Re: Would you sign this?

                  Many places won't have you sign a release. Places that do, the above language is very similar for them. This includes very reputable management companies.

                  Comment


                  • #10
                    Re: Would you sign this?

                    I'm going to get specific here. The following is a 2015 example of my dealings with my attorney, re: a release. I've scrubbed the name of the company involved (which was a reputable firm with many credits including at least one $100M+ film) simply to genericize the issue. It shows how we have to be really careful with these things:

                    Me to my attorney:
                    I've read and signed a ton of submission or read releases. What sets this apart is the exclusivity and that it's a read release too: They haven't seen the script yet! I'd have expected something like this "after" they'd read it or at least the detailed 4-page synopses that accompany my stories. He had requested a few of those, over the years, without a release
                    And my attorney's response:
                    I would not deal with xxxxxx. The biggest red flag is the arbitration provision, which has the effect that regardless of what he does in connection with your screenplay -- even if he puts his own name on it, registers the copyright in his name, submits it as his own work to every production company and studio in the world, pockets large option fees that he never discloses to you and adds an onscreen epilogue defaming you -- your sole remedy is to initiate an arbitration in which the only award the arbitrator can give you is compensation for xxxxxxx's right to use the screenplay in some way that he gets to specify, which he could limit to, e.g., the stage rights for one month in Lithuania, and even then you could not recover your attorneys' fees or arbitration costs. There are some other issues, but the arbitration provision, in my opinion, is sufficient reason not to deal with him.
                    The result? I simply didn't send the requested script (and neither did they follow-up with me), and I've never pitched the company again. Sometimes you just gotta let 'em go.

                    PS. I couldn't quote the actual release here, without retyping the long, relevant portions. The PDF was one of those that you can't copy from, or convert to TXT, etc.

                    PPS. Maybe I should qualify what I meant by "read release". That's my term for when the release asks for an exclusive period to evaluate the script and sometimes shop it around. Places like Wendy Finerman, Marty Katz, etc. have sent those to me when they've requested scripts, and you (who participated in them) may recall similar ones from Amazon Studios, Endemol/Shine, etc. No big deal; sometimes it's fine to hold off querying your stuff for 1-3 months, eh?
                    Last edited by catcon; 04-12-2019, 07:44 AM. Reason: Added PPS

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