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?

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.

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

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.

Quoted from DustinBowcot 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

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.

Quoted from DustinBowcot 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.

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.

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.

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!

After this discussion is over and everyone agrees it's a good contract, maybe we should move it to Things You Are Looking For?

Quoted from DustinBowcot 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

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

Quoted from Grandma 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?

http://www.simplyscripts.net/cgi-bin/Blah/Blah.pl?b-looking/  :)

Quoted from Grandma Bear http://www.simplyscripts.net/cgi-bin/Blah/Blah.pl?b-looking/  :)

Got it - thanks

Thank you for taking the time to do this for everyone, eldave! It sure helps me out a lot, I really appreciate it.

This is great, thanks Dave. I'll save it to my files as soon as I get back home.

This is very helpful Eldave. Thanks.

Glad you all found it helpful

Thank you David. Was definitely looking for something like this. But wanted to ask...

I have a director who wants me to sign a consent form he wrote allowing him to shoot it. I pasted it on here removing the director’s name. I apologize in advance but can anyone tell me if this looks ok especially the signatures such as address and number?

Not from a legal standpoint of course but just a regular consent form from a potential filmmaker standpoint. Lol.  I have some ideas on what to change such as “picture” to “film” and either moving the last paragraph or changing “here under” to “herein” or “within this contract”, and removing the address part to download the film. But anything else?

This is my first time in actually doing one of these forms. Lmao. Thanks in advance for assistance and I apologize again for bothering:

USE OF LITERARY MATERIAL

November, 6, 2017

I hereby declare and acknowledge that I, Gabriel Moronta, am the creator and sole owner of the screenplay titled “More Than A Killer” and  all rights of the named literary work belong to me.

I am informed that the director,,is producing a Short Film tentatively entitled “Bir Katilden Öte (More Than A Killer” (the “Picture”) and that he has requested that I, Gabriel Moronta, the writer, grant ,the director, the right to use the title and/or portions of the following literary material owned and published by Gabriel Moronta in the Picture:

More Than A Killer (Screenplay)

For good and valuable consideration, receipt of which is hereby acknowledged, I, Gabriel Moronta, the writer and owner of the screenplay “More Than A Killer” do hereby confirm the consent hereby given the director, , with respect to his use of the above title and/or literary material (the “Materials”) in connection with the Picture.

I, Gabriel Moronta, the writer and owner of the screenplay “More Than A Killer”, and the director, , agree that the writing credits on the finished picture go to “Gabriel Moronta” who is the creator and sole owner of the screenplay and is the authorized person to make or allow for changes in the screenplay.

I, Gabriel Moronta, the writer, Gabriel Moronta, and the director, , agree that the director, may record the Materials on tape, film or otherwise and use the Materials and recordings in and in connection with the exhibition, advertising, promotion, exploitation, and any other use of the Picture as he may desire, and that he is the owner of the final recorded picture.

       I, Gabriel Moronta, the writer and owner of the screenplay “More Than A Killer, realize that in   ​using the Materials, the director is relying upon the rights granted to him by me hereunder.

​Very truly yours,

ACCEPTED & AGREED TO:​–––––
​(Signature)

By         – The Director​–––––
​(Please print name)

​–––––
By   

​–––––
​(Address)

​–––––
​(Phone Number)

Gabriel:

1. I would want to clear up whether or not you are granting him exclusive rights. i.e., After you sign this thing - do you have the rights to option the script to others?

If no - you should be being paid what you think the script is worth.

2. Not clear to me at all if he is optioning or buying your script - on neither. If it is an option - it should be time limited for sure - e.g., six months or something.

Overall - if you are granting use of the script for free - then you should dictate all of the terms and they should all be in your favor. And even at free, it should be time limited. You may run across someone don the road who wants to buy the thing and doesn't want to be encumbered by some student who's been granted rights to use the script on an unlimited basis.

Now if the person is paying you - that is a different thing. They are purchasing some rights. Your balancing act then becomes it what they are paying you worth what you are giving up.

e.g., if someone says to me here's a million bucks for your script I'm signing anything. I don't give a shit if they throw it in the trash - I got a million.

If they are paying me a $100 - there ain't much I'm giving up.

I get you. He wrote it up and tried to make it simpler. I granted him free use of it with exceptions of I own the rights, 2 copies of film, any changes should be made by me, Etc. but he wants to cover all bases by signing a consent form.

So I�ll definitely use your template to write something up and ask him he wants if he wants to agree on the new consent form. You covered all the bases on that. Thanks

What�s your take on the address and number at the bottom of the form. Is that normal? Just paranoid lol. I was contemplating to remove it and download it when it is available.


Gabe

Quoted from Mr.Ripley I get you. He wrote it up and tried to make it simpler. I granted him free use of it with exceptions of I own the rights, 2 copies of film, any changes should be made by me, Etc. but he wants to cover all bases by signing a consent form. So I�ll definitely use your template to write something up and ask him he wants if he wants to agree on the new consent form. You covered all the bases on that. Thanks What�s your take on the address and number at the bottom of the form. Is that normal? Just paranoid lol. I was contemplating to remove it and download it when it is available. Gabe

It wouldn't worry me