Submission Release Forms
11-27-08
My agent tells me that Submission Release Forms are standard. My lawyer explains that if I want to submit a screenplay or product to a company that requires submitters to sign one, I have to sign one or don’t submit anything.
The major producers, studios, toy companies, comic companies, book publishers all use them and their position is – ‘we don’t accept submissions unless the Submission Release Form is signed and accompanies your package’.
Even I had to require anyone who wanted to submit a product to our public company to sign a release form first. All because of the liability that may come from accepting a submission that could be similar to something the company may already be working on. The Submission Release Form lets companies review your script or product with no worries about being sued by the submitter (if they produce a product similar to yours).
Back in the early 1990′s, our game company was designing a dinosaur board game. We received a better product from a paleontologist, who signed our submission release form. During negotiations with this scientist, another person came in the door without an appointment. Even though our receptionist told this door-crasher we do not accept submissions without the proper release documentation previously signed, he proceeded to show her his dinosaur game to her. This guy then refused to sign our company’s release form, so we could not review his game.
When we explained what happened to our legal counsel, they instructed us not only to stop negotiating with the paleontologist, but to not bother manufacturing the dinosaur game we had been designing in-house. We were told that any money we put into developing any dinosaur game could be jeopardized if this unsolicited dinosaur game guy sued us.
We were disappointed since ‘Jurassic Park’ came out a year or so later and we could have had a dinosaur game on the shelf at the beginning of that brand’s success. Back then, anything with a dinosaur on it was popular. However, it was not worth the risk to spend a hundred grand to develop our original dinosaur game plus even more marketing money, when we could be dragged into court for what this unknown inventor did.
In general Submission Release Forms there are two main points to think about before signing.
1) This is a full release of liability for the company you are submitting to. That means they are contractually getting you to waive your right to sue them if they take your product/script and produce it or something similar.
2) Usually they will recommend that you send only copies of your product, because they will not return anything you send. So do not send originals or anything you want to see again. Most of these companies are huge and sometimes items get lost in their maze, so only send what you can afford to never see again.
There is some good news.
The likelihood of a major company stealing your idea is minimal. It is cheaper and easier for them to just purchase the rights to your product, than to risk a future possible lawsuit, which may or may not tie up production or force a payment to you for a percentage of their profits.
Also, you don’t hear much about this but anyone can sue anybody for any GOOD reason. The key is to have a lawyer who can convince a judge that your case is valid and should be heard – even though you signed away the right to sue. If the company you submitted to blatantly rips you off and is making piles of money, then you must decide to seek justice or not.
Some words of warning.
The entertainment industry is smaller than you think. If you sue, you may get black-listed and shunned by the entire industry, so only sue at your own risk and if your lawyer says they can win (which they usually will never say). Seek legal counsel before submitting and suing.
It all comes down to ‘how bad do you want to see your product made’? If you don’t have the money to produce your product yourself, then submitting it to companies that can is the other option.
Taking risks is part of life and always remember, you can write a new screenplay or invent another product, or sign a Submission Release Form. These are the choices of doing business. Good luck with your decision making process.
======================================================
Orders for the FROM THE MIND TO THE MARKET – ebook will be available in 2009. Preorder now by contacting Info@Playdigm.com and for further information. (c) Tuey All Rights Reserved.