Acceptable read request terms and conditions?

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  • Acceptable read request terms and conditions?

    I received a read request from a large management firm who require that I complete and attach their 'submission form'.

    I'm wondering what others think of the term below, which would clearly release them from all claims relating to any film which they may subsequently be connected to.

    2. 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).

    I am not suggesting that their intentions are dishonorable in any way, however an express term of this nature would completely cover someone should they decide to perhaps 'borrow' some of the screenplays elements.

    Clem

  • #2
    Re: Read Request terms and conditions

    I've signed a few of these and it's always in there. And they aren't "completely covered" if they steal your stuff, though I think consulting an attorney would be wiser in terms of convincing you of that. I think what's important here is that this isn't unusual.
    wry

    The rule is the first fifteen pages should enthrall me, but truth is, I'm only giving you about 3-5 pages. ~ Hollywood Script Reader

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    • #3
      Re: Acceptable read request terms and conditions?

      it's boilerplate. nobody's going to steal your script

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      • #4
        Re: Acceptable read request terms and conditions?

        There are probably 100 scripts floating around Hollywood right now about some young Justin Bieber-like star run amok. And another 100 about, I don't know, whatever the latest big video game is about. And another 100 set in orbit like in Gravity. They just don't want to be sued if five years from now they go with a script about a killer clown and there was a killer mime in yours obviously they totally ripped you off and you're going to sue them for a bazillion dollars and....
        Patrick Sweeney

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        • #5
          Re: Acceptable read request terms and conditions?

          Originally posted by CMaloney View Post

          I am not suggesting that their intentions are dishonorable in any way, however an express term of this nature would completely cover someone should they decide to perhaps 'borrow' some of the screenplays elements.
          I'm not a lawyer.

          Generally, you sign those things and forget about them. I've seen a few that I couldn't sign (Benderspink used to - and may still, I don't know - have a particularly troubling one which my lawyer told me not to sign) but for the most part, it's not a big deal.

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          • #6
            Re: Acceptable read request terms and conditions?

            Originally posted by Patrick Sweeney View Post
            There are probably 100 scripts floating around Hollywood right now about some young Justin Bieber-like star run amok. And another 100 about, I don't know, whatever the latest big video game is about. And another 100 set in orbit like in Gravity. They just don't want to be sued if five years from now they go with a script about a killer clown and there was a killer mime in yours obviously they totally ripped you off and you're going to sue them for a bazillion dollars and....
            This.^^ Nice post.
            wry

            The rule is the first fifteen pages should enthrall me, but truth is, I'm only giving you about 3-5 pages. ~ Hollywood Script Reader

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            • #7
              Re: Acceptable read request terms and conditions?

              I have another read request (Have hit the top 25 agencies and have 5 reads so far) and another term that appears to protect people should they decide to 'borrow' a few ideas for a screenplay from their own writers.

              "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."

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              • #8
                Re: Acceptable read request terms and conditions?

                I think it just protects them if they happen to have a script that has a scene/sequence similar to yours -- which is at some point inevitable.

                Think about how many movies have similar scenes/jokes/characters/settings -- that's why a cliche' exists.

                I'm willing to bet most companies/reps/writers have enough going on that they don't have to take from others.
                Quack.

                Writer on a cable drama.

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                • #9
                  Re: Acceptable read request terms and conditions?

                  I guess a reputable management firm couldn't take the risk of doing the wrong thing. The bad press could cause them irreparable damage, for a start no-one would want to query them whilst producers would give them a very wide berth indeed.

                  I'd certainly wouldn't sign this for a company with no track record however, this is from a firm from a list of the top 20 firms.
                  Last edited by CMaloney; 02-11-2014, 11:57 AM.

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                  • #10
                    Re: Acceptable read request terms and conditions?

                    Yeah I would only be weary if this was some place you never heard of or maybe a one man shop that wasn't established or legit.

                    If it's a bigger company you should be okay. It's just standard stuff to cover their @$$es.
                    Quack.

                    Writer on a cable drama.

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