If You Sign A Release Form With Benderspink, And They Copy Your Film.

cc29 · 09-15-2007, 07:33 AM

Just wondering, if you sign a release form with Benderspink, and one day they copy your film, what can you do...? Are are you totally in trouble and can do nothing, as part 5 of the release form says, 'I hearby waive and agree to never make any claim against you...forever discharge you of any and all claims... etc etc.' This has not happened to me yet...and I hope it doesn't...but what if it happens to someone... Are they totally hamstrung by Benderspink...?

rhubarb · 09-15-2007, 11:01 AM

People don't actually steal scripts.

artisone · 09-16-2007, 09:07 AM

I love it when people get all neurotic about people stealing their material. Most of the material out there is not worth stealing.

Moviequill · 09-16-2007, 04:22 PM

Quote:

Originally Posted by DramaKing

Don't ever sign a release

show me a writer who doesn't sign a release form and I'll show you a telephone that never rings, a mailbox that never clangs, an e-mail inbox that doesn't flash "incoming"...

sppeterson · 09-16-2007, 05:35 PM

Done Deal's new motto -- "pile on the newbie". It's like 2nd grade recess only you don't get to play with construction paper later.

****
The legal protection a release form would provide a company that literally does simply shoot your script, or something that can be shown to be derivative of your script is doubtful. The companies use them because they want some additional layer of protection against whackos who claim that their script was plagiarized by both The Terminator and The Matrix.

writerman · 10-16-2007, 01:43 PM

If a company requests everything, gets a release for everything, they wouldn't need to steal scripts. They could simply "borrow" the ideas and be covered.

It's brilliant, but it never happens.

Jcorona · 10-16-2007, 01:46 PM

There isn't one single thing on this planet that some people wouldn't try to do.

People do anything and everything.

Corona

YBandali · 10-18-2007, 02:48 PM

Don't be scared - sign the release - we all go through the same nerve racking fear. There is no reputable production company that would read the script and not protect themselves in case the writer sued them.

In reality it would be very difficult for them to steal the script as they would be afraid of you coming after them like a juggernaut. Take the jump.

maralyn · 10-18-2007, 02:59 PM

American contracts are funny like that.

I forever promise to never make any and all claim.... what was that?..... throughout the universe?... oh okay.... I promise forever and throughout the universe to never make any and all claim against you.

EtoileBrilliant · 04-01-2009, 05:43 AM

I know this is a reply to very old post but..............the original poster's got a point.

When I looked at Bender's release form and compared it to the four examples given on DD's "Example Page", there would be no way in hell I would sign theirs on account of clause 5.

QUOTE
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.
UNQUOTE

I'm not a lawyer but I've seen enough release forms and NDAs to know that this clause stinks to high heaven. In short, it says that whatever they do in terms of copying or plagiarize, you basically waive any rights against them. The only time I've seen release forms like Bender's was for Guantanamo Bay inmates relating to their conditions of stay!

Sure its easy to "poo-poo" the original poster's comments, but my view is that if it was of no importance, why do Bender insert it whilst no-one else sees the need to? If enough people put a red line through clause 5 before submitting their scripts Bender will get the message.

09-15-2007, 07:33 AM	#1
cc29 New User Join Date: Aug 2007 Posts: 8	If You Sign A Release Form With Benderspink, And They Copy Your Film. Just wondering, if you sign a release form with Benderspink, and one day they copy your film, what can you do...? Are are you totally in trouble and can do nothing, as part 5 of the release form says, 'I hearby waive and agree to never make any claim against you...forever discharge you of any and all claims... etc etc.' This has not happened to me yet...and I hope it doesn't...but what if it happens to someone... Are they totally hamstrung by Benderspink...?

09-15-2007, 11:01 AM	#2
rhubarb User Join Date: Nov 2006 Posts: 152	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. People don't actually steal scripts.

09-16-2007, 09:07 AM	#3
artisone Regular Join Date: Apr 2007 Posts: 300	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. I love it when people get all neurotic about people stealing their material. Most of the material out there is not worth stealing.

09-16-2007, 05:35 PM	#5
sppeterson Member Join Date: May 2005 Location: Los Angeles Posts: 751	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. Done Deal's new motto -- "pile on the newbie". It's like 2nd grade recess only you don't get to play with construction paper later. **** The legal protection a release form would provide a company that literally does simply shoot your script, or something that can be shown to be derivative of your script is doubtful. The companies use them because they want some additional layer of protection against whackos who claim that their script was plagiarized by both The Terminator and The Matrix. __________________ Steven Palmer Peterson Do Cats Eat Bats?

10-16-2007, 01:43 PM	#6
writerman Member Join Date: Apr 2006 Location: Southwest, USA Posts: 748	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. If a company requests everything, gets a release for everything, they wouldn't need to steal scripts. They could simply "borrow" the ideas and be covered. It's brilliant, but it never happens. __________________ Felicitations, malefactors! I am endeavoring to misappropriate the formulary for the preparation of saleable screenplays. WHO WILL JOIN ME!

10-16-2007, 01:46 PM	#7
Jcorona Member Join Date: May 2005 Posts: 5,709	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. There isn't one single thing on this planet that some people wouldn't try to do. People do anything and everything. Corona

10-18-2007, 02:48 PM	#8
YBandali User Join Date: Apr 2007 Posts: 34	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. Don't be scared - sign the release - we all go through the same nerve racking fear. There is no reputable production company that would read the script and not protect themselves in case the writer sued them. In reality it would be very difficult for them to steal the script as they would be afraid of you coming after them like a juggernaut. Take the jump.

10-18-2007, 02:59 PM	#9
maralyn Member Join Date: Jun 2007 Posts: 2,838	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. American contracts are funny like that. I forever promise to never make any and all claim.... what was that?..... throughout the universe?... oh okay.... I promise forever and throughout the universe to never make any and all claim against you. __________________

04-01-2009, 05:43 AM	#10
EtoileBrilliant New User Join Date: Jan 2009 Location: London/Stockholm Posts: 19	Re: If You Sign A Release Form With Benderspink, And They Copy Your Film. I know this is a reply to very old post but..............the original poster's got a point. When I looked at Bender's release form and compared it to the four examples given on DD's "Example Page", there would be no way in hell I would sign theirs on account of clause 5. QUOTE 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. UNQUOTE I'm not a lawyer but I've seen enough release forms and NDAs to know that this clause stinks to high heaven. In short, it says that whatever they do in terms of copying or plagiarize, you basically waive any rights against them. The only time I've seen release forms like Bender's was for Guantanamo Bay inmates relating to their conditions of stay! Sure its easy to "poo-poo" the original poster's comments, but my view is that if it was of no importance, why do Bender insert it whilst no-one else sees the need to? If enough people put a red line through clause 5 before submitting their scripts Bender will get the message.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode