I received a request today from an education supplier to use my screenplay short "Trick of the Trade".  They want to use it for approximately 7 years (but with no exclusive use) for distribution to teachers and students in Texas (this education supplier covers 51 districts in Texas and supplies materials for over 1 million students).  Interestingly, they indicate that they would have the right to abridge, adapt, modify and/or excerpt the material "for the sole purpose of aligning the textual complexity to the grade appropriate level."  I assume that means they can delete curse words if showing it to sixth graders, or eliminate whole scenes if they chose to.

There's no compensation (even though I suspect, after going to this supplier's web site, that they sell materials to the school districts).   I'm an attorney, and I've read the release letter about 50 times, and I'm certain I'm not relinquishing any of my rights by doing this, but just curious if any of you had been approached with some similar offer.  I'd be interested in what you did or didn't do.

Incidentally, this is the second request I've had from an educator regarding this script.  A professor at a university in Arizona wants to use it in materials for one of his film classes, and he's trying to get a senior to use it for their senior film project.  

Thanks for any input you might have,
Gary

Interesting you posted this, Gary. I was going to ask similar.

The first thing you mention sounds a little out of order to me, so I think you were right with being reluctant there.

Was that last request from the Assistant Professor of the Art Institute of Phoenix??

Cause after deliberation, checking the guy's credentials, and requesting elaboration with regard to the course etc. I agreed, with some provisos.

Here's my reply paraphrased:

At this time, I'm happy with allowing you to use the script 'Scooter' as a both a teaching resource and a possible 'senior film project'. Regarding its use as an entry in any future 'film festival' down the track, I would ask that you let me know if and when that actually comes to fruition.

I do have a couple of other filmmakers interested in producing it at this time (nothing is set in stone yet) so I wouldn't want any conflict of interest to occur with regard to this.

Also, I'd want to be notified of any changes made to the script, and have viewed the final product for approval, prior to any posting on youtube/vimeo or similar video streaming site.

I saw no harm with the latter request and was quite happy after he informed me about the course. But I was concerned about the quality of the final product being made public, so stipulated the 'wait and see' with regards to the festival entry.

I'm also curious to see if any SS members have allowed 'students' to produce their scripts, cause I've have had a couple of requests there too, and so far when they didn't respond following my request for a sample of their work, I think I was right to be cautious.

Anyone with an iphone or similar can make a film (heck, some might actually be good at it) but the results could also be not so great.

Libby, yes it was the same professor, and I wrote him with almost the exact same response as you.  I don't think there is any problem there, especially since I was specific in saying I retained all rights to the script and future productions.  I have no problem with any student or professor using a script solely for educational purposes or student projects.

It's the first one that bothers me in particular because I'm wondering whether they would be selling my material to school districts and pocketing the money.  That I would have a big problem with.

Agree with you there, Gary about the first thing. I think that sounded a bit rich really and you made a good call on it.

I'm interested in any other SS'ers piping up about having their films made by students? Anyone?

Heads up. I've accepted a request from the same professor before. He's a nice enough guy, really. Email him your concerns and ask him to elaborate. Whenever I email him, he's quick to respond and incredibly polite. When I told him the screenplay rights had already been sold to another filmmaker in England, he said that it was fine and that he would make sure the final product didn't leave the lecture room. I requested that I see the final film if it was ever made. So far, I haven't received an email.

This particular professor seemed genuine in my original correspondence with him. Don't think there's anything to worry about.

Dan

When it comes to copyrighted material, anyone can use it for 'educational purposes.'  The law allows for it.  But it has to stay in the classroom, so to speak.

I've had two of my shorts produced without my permission.  In the first instance, I went to the filmmakers and the president of the school who casually explained to me about using copyrighted material in educational settings.  I replied that youtube (where I saw my produced films) is not an educational setting.

In the second situation, a film teacher produced one of my shorts and sent me an e-mail to tell me it was on youtube.  I told him, as well as the dean of the school, that I wasn't happy and to take it down ASAP.

In both cases, I reported the matter to youtube administrators, bringing up copyright infringement.  Both films came down right away.


Phil

Well said, Phil. Keep an eye on the guy obviously. Search his name in Google and see if anything's been publicly posted. As soon as that happens, he's n breach of the law. Like Phill said, youtube administrators will act immediately if any law has been broken. They're a great team.

Dan

Hey Dan & Phil, just wanted to say thanks for your input.

As a side-note has anybody had students, or anyone else for that matter, make a film from your script and you really didn't like the end result?

I suppose all you can do really is ask for a sample of their previous work, but that isn't a guarantee.

Just curious.

I have had a handful of film students request to use my scifi script, "Dark Speed: The Thirteenth Odyssey" for their class projects.

Interestingly enough, they were all from Watkins College in Tennesse.  After doing a little research about the school, I agreed to allow a few of the students to use my script for their projects.  They seemed like good kids and they had a passion for film.  Also, the projects they were doing were on pre-production, and they assured me that the script would not be filmed.  I told the students that they could use the script only for their class assignment, and that I retained all rights to the script, its characters, etc.

I see no real harm in allowing this (especially if they aren't filming it) so long as I make it clear that I retain all of the rights to the work.  Plus, you never know, one of the students might become somebody important in Hollywood (or know someone important) and request to actually produce your script in the future.

Here are two versions of the same script, done by two different student groups.  One I liked and one, not so much, manily due to a lack of movement.  There's a 3rd version of this out there as well, but these two should suffice as an example of what you might get from allowing scripts to be used for educational purposes.

I still hold the rights to this script.

Quoted from Gary in Houston I received a request today from an education supplier to use my screenplay short "Trick of the Trade".  They want to use it for approximately 7 years (but with no exclusive use) for distribution to teachers and students in Texas (this education supplier covers 51 districts in Texas and supplies materials for over 1 million students).  Interestingly, they indicate that they would have the right to abridge, adapt, modify and/or excerpt the material "for the sole purpose of aligning the textual complexity to the grade appropriate level."  I assume that means they can delete curse words if showing it to sixth graders, or eliminate whole scenes if they chose to. There's no compensation (even though I suspect, after going to this supplier's web site, that they sell materials to the school districts).   I'm an attorney, and I've read the release letter about 50 times, and I'm certain I'm not relinquishing any of my rights by doing this, but just curious if any of you had been approached with some similar offer.  I'd be interested in what you did or didn't do. Incidentally, this is the second request I've had from an educator regarding this script.  A professor at a university in Arizona wants to use it in materials for one of his film classes, and he's trying to get a senior to use it for their senior film project.   Thanks for any input you might have, Gary

ah hem... I know you know stuff but they need TO THROW DOWN!

Hey Babz, thanks for responding to this--I guess when you say they need to throw down do I take it to mean that I should hold their feet to the fire and get some further concessions from them?  Or do you mean I should demand a cut of any sales (assuming there are any)?  I haven't signed anything yet, as something was still bugging me about that one.

Thanks again!
Gary

P.S.  Thanks for all you do for this site!  You are a wealth of valuable information!