Submitting your script for someone online to read - the legal ramifications

PhantomScreenwriter

PhantomScreenwriter

If a screenplay is sent to someone online for them to read and you are doing it for the purposes of feedback, what can you do to help protect that screenplay from being plagiarized?

I know that there is no 100% guaranteed way of doing this because even a screenplay that is copyrighted can be copied by someone else but if you are only wanting feedback on the screenplay itself and nothing more (not trying to sell it, just for feedback), can you use a Disclaimer? Could you create a document that needs to be signed by the person before you even send them the screenplay, for example:

I ________________ , agree to the terms set out in this agreement that I will not circulate, edit, adapt, update or publish the screenplay (insert title here) without the express written and verbal permission of the owner of the screenplay. I agree that if I am found to be distributing the screenplay without this permission I will be faced with legal action from the owner of the screenplay

I know that the above example isn't worded correctly and is very short but for the purposes of this thread would this be something that could be done as a precaution when sending someone your screenplay to read online?
 
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Just to echo Sweetie, I think this is very much a double-edged sword.

You're just trying to protect yourself, that's fair enough. But why should I have to go through that sort of extra effort (possibly setting myself up for legal proceedings against me), just to do you a favor?

But I'm sure a professional (i.e. someone you are paying for coverage) would happily sign something like that. You might struggle to find people on forums (like us) that would be willing to sign up to that kind-of agreement.

Having said all that, if you're worried that somebody might steal your script, you probably shouldn't send it out anyway.
 
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Firstly, you need to protect yourself by registering your script.

Many writers register with the WGA:

http://www.wgawregistry.org/webrss/

However, copyright attorneys recommend registering with the US Copyright Office:

http://www.copyright.gov/

How to Register a Script with the Copyright Office Step-by-Step
http://zernerlaw.wordpress.com/2010/12/09/18/

I ________________ , agree to the terms set out in this agreement that I will not circulate, edit, adapt, update or publish the screenplay (insert title here) without the express written and verbal permission of the owner of the screenplay. I agree that if I am found to be distributing the screenplay without this permission I will be faced with legal action from the owner of the screenplay
Click to expand...

Any professional feedback/analysis company that did the bad things listed above would be ruined by negative press.

The reality is that it is exceptionally unlikely someone will steal your screenplay/idea.

.
 
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NDAs are about worthless.

Seriously, anyone @sshole-y enough to plagarize parts or principles of a spec screenplay is easily going to say "yes" to your, or any, NDA, go ahead and swipe what they wanna swipe, and then you're left back in the EXACT SAME POSITION that you'll have even with a registered copyright: the burden is on YOU to legally defend your rights.

You spend all the legal fees just to collect... what, exactly?
You might win.
You might not.
But you've still spent your nickel on an attorney.



I'd only put out practice screenplays on the open internet.
NDAs are paper thin.
WGA registrations are less than that.
Copyrights are two-ply TP thin.
 
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rayw said:
NDAs are paper thin.
WGA registrations are less than that.
Copyrights are two-ply TP thin.
Click to expand...
Here's a scenario, Phantom:

@sshol-y signs the agreement. Gives you feedback suggesting you
change some things. You do. @sshol-y takes major elements of your
script, finishes it, sells it and the movie is not only made but does
really well before you sell your version. @sshol-y now has lawyers
and a studio behind him. What do you have? A signed agreement.
Now you need to hire a lawyer (maybe one will work pro bono) and
take on a big studio.

Okay, @sshol-y doesn't sell to a big studio but makes the movie
independently and it doesn't do well – makes a little money but not
a lot. You hire a lawyer to sue @sshol-y for what? A piece of very
little money? For a piece of his sale price which was $1,000? Let's say
you win. The movie was still made and you get a piece of very little
money.

An NDA will not protect your rights. It will give you some ammunition
in a law suit. Are you willing and prepared to fight to the end in a
copyright law suit? Do you have the money to fight to the end if your
work is taken from you?
 
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Thanks everyone for your input, it's appreciated. You have given me lots to think and contemplate about. I think that it's a safer bet for me to send any screenplays I would like feedback on to an official and professional script analysis company.
 
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