NDA or other protection before "Pitching?"

DreamLarge

DreamLarge

I'm pitching a Reality TV concept to an Emmy Winning 'retired' Hollywood producer soon. Should I make him sign something before handing over the 2 page synopsis? I've already registered it on WGA.

Dream Large
 
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But I now see what you were getting at. That anyone can sue for anything.
Neither case shows that producers or prodCo’s take concepts and run with
it - as you said. Writers can, and do, sue producers and prodCo’s all the
time. With that in mind I know of fourteen cases - all dismissed.

This is a great example of why producers and prodCo’s and studios have
much more to fear from writers with concepts. Writers do not need to
fear their concept being taken - producers, prodCo’s and studios need to
fear being sued.
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The most interesting of all the articles was the article about the book pitch being taken by her boss. I do remember she ended up losing the case due to the concept being the same as an old book that already existed within their library. Until they made that argument it looked like they'd lose the case. If I find it, it's a worthwhile read.

Having clear, written expectations using situations that are beneficial and fair for both parties and that are clear to follow are really the best. Keeping both parties out of court is usually in the best interest for all parties (except the lawyers) involved.

The biggest problem is there are different laws in different countries, even different laws within each state, on top of that, the laws are open to interpretation and depending on the lawyer of your choice is whether you get good advice or not.

On the part of writers not having to worry about their ideas being stolen, I see some issues that came from that linked article. Virtually everything that's written is a derivative of some situation, character, point of drama that already exists in some form. It sounds like the best way is to really use contracts so both parties are protected and know what their obligations and options are.
 
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So it’s your advice that when a writer pitches they consult an
entertainment lawyer before hand or at the very least get a
signed contract spelling out the obligations and options of both
parties before they pitch?

What about those “Pitch Fests”? Should a writer bring along a
contract to get signed before each pitch? How about DreamLarge’s
specific situation? Should he have sat down at the meeting with
a NDA? Should he have pulled out a contract to be signed before
pitching?
 
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directorik said:
So it’s your advice that when a writer pitches they consult an
entertainment lawyer before hand or at the very least get a
signed contract spelling out the obligations and options of both
parties before they pitch?
Click to expand...


It's hard to imagine consulting an entertainment lawyer before a 'pitch' but I've gone ahead and called a few local entertainment attorneys for that 'free consultation,' they sometimes offer. It'll be interesting to hear what they recommend for a situation like this.


What about those “Pitch Fests”? Should a writer bring along a
contract to get signed before each pitch? How about DreamLarge’s
specific situation? Should he have sat down at the meeting with
a NDA? Should he have pulled out a contract to be signed before
pitching?
Click to expand...

Good questions - I wish I knew the answers.

BTW - I'm a 'she.'
 
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@DreamLarge
It would be great, if you don't mind, posting a synopsis of your experience after meeting / talking with the attorneys.

And congrats on getting good interest in your pitch!
 
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So it’s your advice that when a writer pitches they consult an
entertainment lawyer before hand or at the very least get a
signed contract spelling out the obligations and options of both
parties before they pitch?

What about those “Pitch Fests”? Should a writer bring along a
contract to get signed before each pitch? How about DreamLarge’s
specific situation? Should he have sat down at the meeting with
a NDA? Should he have pulled out a contract to be signed before
pitching?

That what I would have done if I didn't talk with a lawyer first. Yes, there's a chance they'll tell you to piss off. It really depends on how much you want to risk getting ripped off without any reward.

Here's something of interest perhaps?

https://www.youtube.com/watch?v=http://www.youtube.com/watch?v=fMwW8coE8tY

It's from a company that seems to be selling access to their website, but take a look.
Link in case it doesn't work above: http://www.youtube.com/watch?v=fMwW8coE8tY
 
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Sweetie said:
Here's something of interest perhaps?

https://www.youtube.com/watch?v=http://www.youtube.com/watch?v=fMwW8coE8tY

It's from a company that seems to be selling access to their website, but take a look.
Link in case it doesn't work above: http://www.youtube.com/watch?v=fMwW8coE8tY
Click to expand...

Helpful video. I'll watch the rest in his series and consider signing up for his site (if it's reasonable.)

I have talent 'interested' in the project, and some of them have shot some 'sizzle' footage with me.

Another useful site: http://www.producersguild.org/?sizzle2

Anyone know a 'line producer?'

I'd love to see a copy of an entertainment agreement that locks in the talent to my show for a period, as suggested by the video above.

I'm also curious now what incentive talent has to sign? Money, fame, deferred money?

Lots to learn.
 
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I'd love to see a copy of an entertainment agreement that locks in the talent to my show for a period, as suggested by the video above.

I'm also curious now what incentive talent has to sign? Money, fame, deferred money?
Click to expand...

It depends on the person. It can be simply their interest and belief in the project, that they like and trust you, the sign in bonus amount (if any), fear of you offering the role to someone else, the fact that you won't pitch the project without the agreement etc.

I'd love to see a copy of an entertainment agreement that locks in the talent to my show for a period, as suggested by the video above.
Click to expand...

The agreement is similar to a writers script optioning agreement. Found this one in Google. I give you no guarantees of quality, so I suggest you take it to your lawyer.

http://sonnyboo.com/downloads/individ/optionagreement.pdf
or another one:
http://www.absolutewrite.com/screenwriting/screenplay_option.htm

You'll have to change it for actors... or use an actors agreement I also found in google:

http://www.docstoc.com/docs/65170245/Actor-Option-Agreement
or another one:
http://270legal.com/actor-agreement/

It's amazing what you find in google, right? ;)


Anyone know a 'line producer?'
Click to expand...

You'll want to consider one from the area that you're going to be shooting. Budgets are quite geographically sensitive. Without this, it's a guesstimate, which really is what a line producer does anyway before the UPM/First AD comes on and locks in the schedule and budget.

Lots to learn.
Click to expand...

Producing is tough. Lots to learn here too. Just note, I'm not a producer, just a producer-in-learning / producer-wanna-be so take my advice with a grain of salt.
 
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Sweetie said:
It depends on the person. It can be simply their interest and belief in the project, that they like and trust you, the sign in bonus amount (if any), fear of you offering the role to someone else, the fact that you won't pitch the project without the agreement etc.



The agreement is similar to a writers script optioning agreement. Found this one in Google. I give you no guarantees of quality, so I suggest you take it to your lawyer.

http://sonnyboo.com/downloads/individ/optionagreement.pdf
or another one:
http://www.absolutewrite.com/screenwriting/screenplay_option.htm

You'll have to change it for actors... or use an actors agreement I also found in google:

http://www.docstoc.com/docs/65170245/Actor-Option-Agreement
or another one:
http://270legal.com/actor-agreement/

It's amazing what you find in google, right? ;)




You'll want to consider one from the area that you're going to be shooting. Budgets are quite geographically sensitive. Without this, it's a guesstimate, which really is what a line producer does anyway before the UPM/First AD comes on and locks in the schedule and budget.



Producing is tough. Lots to learn here too. Just note, I'm not a producer, just a producer-in-learning / producer-wanna-be so take my advice with a grain of salt.
Click to expand...

Thanks for your advice - grain of salt or not - very helpful.
 
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