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SimplyScripts Screenwriting Discussion Board    Screenwriting Discussion    Simplyscripts Collaborative Effort  ›  When you give your script away - agreement Moderators: Mr. Blonde
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  Author    When you give your script away - agreement  (currently 266 views)
eldave1
Posted: August 27th, 2017, 12:30pm Report to Moderator
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I am not sure this is the right thread - but I think it's close enough.

Anyway - over the last six months or so I have had several students and new filmmakers request to use one of my short scripts for free for a student project or because they are just starting out. The details are not necessary, but this has created some confusion with one student regarding writing credits. Anyway, I was between projects so I thought I would spend some time crafting my own - you can use if for free - email/agreement. Looking for feedback from others on if they have any ideas in this area.

Here it is (first rough draft):

================================================

PREAMBLE

There is an agreement below. What is means in plain language is that you get to make a film from my script for free. However, I retain ownership of the script unless at some time in the future you decide to pay me for the script and I decide to accept your offer. It is crafted in way to allow students and new filmmakers a chance to film something at no cost for the written material.  Here are the terms:

AGREEMENT

I, David Lambertson,  grant  (name of student or producer) permission to use my screenplay (title of script)  for purposes of creating a film version of the story.  No payment is required for this permission.  

This permission is not intended to transfer rights to the script or otherwise create an “option” to own the script. It is simply intended is permission to film the story. This means:

•     The script remains the property David Lambertson.
•     David Lambertson at his sole discretion may allow others to use the script.
•     David Lambertson may sell the script at any point in the future.
•     At any time, David Lambertson may submit this script to contests at his discretion and any and all proceeds from contest awards are 100% his.

Nothing in the above is intended to impede or restrict the filmmaker’s (insert name) ownership of their completed film or infringe on their rights to that product. In other words, if they (insert name) complete a film based on the free permission granted to use the script,  any subsequent use,  sale or option of the script by David Lambertson to any party does not infringe on (insert filmmaker’s name)  use of the script for their film.

Unless otherwise indicated below, (insert name of filmmaker is entitled to all proceeds and awards from festivals that the completed project is submitted to other than any and all awards that directly relate to writing.

David Lambertson will receive sole and full writing credit for the script and will be recognized in the credits as the sole writer on the filmed version as well as in any future marketing efforts, submittals to film festivals, IMDB profiles and all other public displays of the script or the film.
No changes or modifications to the script will in any way create a co-writer credit or relationship. David Lambertson is the sole writer.

The filmmaker (insert name here) agrees to complete the film within (indicate time frame) of receiving this permission and will provide David Lambertson access to the completed project through either a hand copy (DVD) version or a link to a web-site hosting the film.  Should the film not be completed within (insert time frame) the permission to use the script is revoked.

The filmmaker (insert name) may at any time within (insert time frame) tender an offer to David Lambertson to option or purchase the rights to this script. Whether to accept such an offer will be at the sole discretion of David Lambertson.

====================================================

I know it is wordy - but I wanted something to clearly define the "free-use" relationship.

Thoughts?






My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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pale yellow
Posted: August 27th, 2017, 3:22pm Report to Moderator
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Think that sounds good. I did a Stephen King dollar baby a while back and the contract he sent to me was something like this.


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eldave1
Posted: August 27th, 2017, 9:54pm Report to Moderator
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Quoted from pale yellow
Think that sounds good. I did a Stephen King dollar baby a while back and the contract he sent to me was something like this.


Cool - glad its in the ballpark


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Dustin
Posted: August 28th, 2017, 2:07am Report to Moderator
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Quoted from eldave1
I am not sure this is the right thread - but I think it's close enough.

Anyway - over the last six months or so I have had several students and new filmmakers request to use one of my short scripts for free for a student project or because they are just starting out. The details are not necessary, but this has created some confusion with one student regarding writing credits. Anyway, I was between projects so I thought I would spend some time crafting my own - you can use if for free - email/agreement. Looking for feedback from others on if they have any ideas in this area.

Here it is (first rough draft):

================================================

PREAMBLE

There is an agreement below. What is means in plain language is that you get to make a film from my script for free. However, I retain ownership of the script unless at some time in the future you decide to pay me for the script and I decide to accept your offer. It is crafted in way to allow students and new filmmakers a chance to film something at no cost for the written material.  Here are the terms:

AGREEMENT

I, David Lambertson,  grant  (name of student or producer) permission to use my screenplay (title of script)  for purposes of creating a film version of the story.  No payment is required for this permission.  

This permission is not intended to transfer rights to the script or otherwise create an “option” to own the script. It is simply intended is permission to film the story. This means:

•     The script remains the property David Lambertson.
•     David Lambertson at his sole discretion may allow others to use the script.
•     David Lambertson may sell the script at any point in the future.
•     At any time, David Lambertson may submit this script to contests at his discretion and any and all proceeds from contest awards are 100% his.

Nothing in the above is intended to impede or restrict the filmmaker’s (insert name) ownership of their completed film or infringe on their rights to that product. In other words, if they (insert name) complete a film based on the free permission granted to use the script,  any subsequent use,  sale or option of the script by David Lambertson to any party does not infringe on (insert filmmaker’s name)  use of the script for their film.

Unless otherwise indicated below, (insert name of filmmaker is entitled to all proceeds and awards from festivals that the completed project is submitted to other than any and all awards that directly relate to writing.

David Lambertson will receive sole and full writing credit for the script and will be recognized in the credits as the sole writer on the filmed version as well as in any future marketing efforts, submittals to film festivals, IMDB profiles and all other public displays of the script or the film.
No changes or modifications to the script will in any way create a co-writer credit or relationship. David Lambertson is the sole writer.

The filmmaker (insert name here) agrees to complete the film within (indicate time frame) of receiving this permission and will provide David Lambertson access to the completed project through either a hand copy (DVD) version or a link to a web-site hosting the film.  Should the film not be completed within (insert time frame) the permission to use the script is revoked.

The filmmaker (insert name) may at any time within (insert time frame) tender an offer to David Lambertson to option or purchase the rights to this script. Whether to accept such an offer will be at the sole discretion of David Lambertson.

====================================================

I know it is wordy - but I wanted something to clearly define the "free-use" relationship.

Thoughts?




Typo - What is means in plain language...

I think 'is' should be 'this'.

Missing word 'a' - "It is crafted in way..."

"It is simply intended is permission to film the story." 'is' should be 'as'.

Looks good, thanks for taking the time to do this, I'm sure it will help a lot of people.
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eldave1
Posted: August 28th, 2017, 9:55am Report to Moderator
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Quoted from Dustin



Typo - What is means in plain language...

I think 'is' should be 'this'.

Missing word 'a' - "It is crafted in way..."

"It is simply intended is permission to film the story." 'is' should be 'as'.

Looks good, thanks for taking the time to do this, I'm sure it will help a lot of people.


Thanks for spotting the typos, mate.

Hopefully it will be helpful to others. When I researched this I found a lot on option agreements and a of diatribe on never option your script without being paid - nothing on what to do if you are allowing free use.

I thought for sure that some film schools must have come up with something - nope. And the I thought - holy shit - you think that they would even create a data base where writers could submit scripts for free use to their students so that all of this is agreed to ahead of time - nope.

Anyway - hopefully other peeps will find this useful


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Dustin
Posted: August 28th, 2017, 10:32am Report to Moderator
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Also, it should be stipulated that the filmmaker, where possible, be obligated to remove all instances of the film and script from the web and social network sites should the IP of the script ever be sold to another party.

This may even prompt them into wanting to buy the thing.
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eldave1
Posted: August 28th, 2017, 11:41am Report to Moderator
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Quoted from Dustin
Also, it should be stipulated that the filmmaker, where possible, be obligated to remove all instances of the film and script from the web and social network sites should the IP of the script ever be sold to another party.

This may even prompt them into wanting to buy the thing.


I was torn on this one - it's a sticky widget.

The thought is this - the film maker is not going to want to take a script for free and make a film if it means that anywhere down the road they have to erase their film from existence. So, it's kind of like I'm stuck by saying in any real option - hey - I gave this away for free - so their is a film - but you can lock up all future versions. I dunno - have to mull it over.


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Dustin
Posted: August 29th, 2017, 2:33am Report to Moderator
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For me, it depends on the filmmaker. If they have a track record and make quality films then giving them the IP for free is worth it. A student with a poor or no track record isn't likely to do a very good job of it, and it being in the public eye could put off other (potentially good) filmmakers.

What I did with one of mine was simply change the title. Disassociation has been made twice, once as Disassociation and then again as Anonymous.
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ReneC
Posted: August 29th, 2017, 9:53am Report to Moderator
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I just made a similar deal to grant permission to film one of my shorts. I also asked for the link to the film when it's available to promote it, and a copy of the film for my personal use. That way I'm not relying on the link if I want to use it as a sample.


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MarkRenshaw
Posted: August 29th, 2017, 9:56am Report to Moderator
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Thanks for this, it may prove useful. Recently a Turkish film student asked permission to use The Enchanted Quill for free and I basically said yes but listed all the above over several emails. You've put it together far more elegantly  than I did, so I will certainly be using that as a template from now on!


For more of my scripts, stories, produced movies and the ocassional blog, check out my new website. CLICK
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Angry Bear
Posted: August 29th, 2017, 10:00am Report to Moderator
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After this discussion is over and everyone agrees it's a good contract, maybe we should move it to Things You Are Looking For?


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eldave1
Posted: August 29th, 2017, 6:36pm Report to Moderator
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Quoted from Dustin
For me, it depends on the filmmaker. If they have a track record and make quality films then giving them the IP for free is worth it. A student with a poor or no track record isn't likely to do a very good job of it, and it being in the public eye could put off other (potentially good) filmmakers.

What I did with one of mine was simply change the title. Disassociation has been made twice, once as Disassociation and then again as Anonymous.


Hmmm - good idea


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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eldave1
Posted: August 29th, 2017, 6:37pm Report to Moderator
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Quoted from MarkRenshaw
Thanks for this, it may prove useful. Recently a Turkish film student asked permission to use The Enchanted Quill for free and I basically said yes but listed all the above over several emails. You've put it together far more elegantly  than I did, so I will certainly be using that as a template from now on!


My pleasure - glad it works for you


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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eldave1
Posted: August 29th, 2017, 6:40pm Report to Moderator
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Quoted from Angry Bear
After this discussion is over and everyone agrees it's a good contract, maybe we should move it to Things You Are Looking For?


Where is that thread?


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Angry Bear
Posted: August 29th, 2017, 6:44pm Report to Moderator
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