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SimplyScripts Screenwriting Discussion Board    General Boards    Questions or Comments  ›  Legal liability question
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RickF
Posted: September 19th, 2019, 4:05pm Report to Moderator
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I would like to know how other writers are dealing with producers requiring the writer sign a release  indemnifying the producer, it's employees and affiliates from any claims arising from the writers work. I am understanding that media liability insurance only protects the writer but signing such a release with producers exposes the writer to liability which is not covered by insurance. This also could mean that if the producer has a claim against them for what the they did with the writers work, which the writer had no control over, the writer could still be held liable. There seems to be a lot of reputable producers using essentially the same language in their submission release forms even before they agree to read the work. Any insight?  

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Don  -  September 19th, 2019, 4:53pm
clarified titled and moved to correct board.
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ReneC
Posted: September 19th, 2019, 6:36pm Report to Moderator
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I think what you're referring to is issues surrounding the rights to the writing. If so, it's pretty boiler-plate stuff they always put in there. And if you're talking about submissions, it also covers them if they are currently already working on a project similar to your idea.

The indemnity doesn't cover what the producers do with your material. They are fully liable for that, but you might also be liable for that depending on what issues arise. That's what rights and omissions insurance does cover though, or should.

As long as you are submitting original work, you shouldn't have any issues signing the indemnities. They're just covering their butts in case you stole it or are using characters based on real people, stuff they might not know about, or in the unlikely event they have a similar project to yours already in the works.


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eldave1
Posted: September 19th, 2019, 8:05pm Report to Moderator
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Quoted from RickF
I would like to know how other writers are dealing with producers requiring the writer sign a release  indemnifying the producer, it's employees and affiliates from any claims arising from the writers work. I am understanding that media liability insurance only protects the writer but signing such a release with producers exposes the writer to liability which is not covered by insurance. This also could mean that if the producer has a claim against them for what the they did with the writers work, which the writer had no control over, the writer could still be held liable. There seems to be a lot of reputable producers using essentially the same language in their submission release forms even before they agree to read the work. Any insight?  


It is standard language which I have been successful in changing. I don't like it because the writer is exposed to unlimited liability. The language I have added is that the writer's liability is limited to the amount he/she was compensated for the script.


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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