Archive for the ‘Legal Stuff’ Category

Friday Q&A: Release Forms

*******************

Q: What is a release form and do I need to sign it?

A: Thanks for your question. If a production company, studio, or producer is interested in reading your script and you do not have an agent, they will often ask you to sign a release form, which protects them against claims of idea theft. The release form states that you own the material and have the right to sell it. It also states that in the event the company releases a film with a similar premise, you don’t have the right to sue them.

If you choose not to sign the release form, the company will most likely choose not to read your script. Release forms are a standard industry necessity. If the producer, studio, or production company requesting the form is an unknown entity, or if you have any concerns, be sure to confer with an entertainment lawyer prior to signing any document. Better yet, get an agent, and forgo having to sign unsolicited submission agreements.

For more on release forms, check out this post from Matt Galsor and Jesse Saivar: By Signing This Agreement Am I Giving Up All My Rights?

Friday Q&A: Screenwriting Credits

Q: In screenwriting credits, what is the difference between “and” and “&” between the screenwriter’s names?

A: Thanks for your question. The use of “and” between two or more screenwriter’s names designates that the screenwriters wrote the script separately, while the “&” sign indicates that they wrote the script together.

For example, for the film The Lost Boys the screenplay credit reads:

Janice Fischer & James Jeremias and Jeffrey Boam

The credit indicates that Fischer and Jeremias wrote a version of the script together, and Boam wrote another version separately.

A little backstory: Fischer and Jeremias collaborated on an early draft, which focused on a group of 8-year-old boys. Boam revised the script to revolve around a group of teenage boys, making the content sexier and more in-line with the vampire genre, while still maintaining elements of the earlier screenplay.

The official WGA Screen Credits Manual provides information about how credits are determined.

Friday Q&A: Basing A Screenplay Story On A Book

Q: Can you legally change the title of a screenplay and still base the story on the original book – without using the book title? Can you do this without incurring a lawsuit or litigation from the book publisher and author? – Regulo “Reggie” Zapata

A: Thanks for your question Reggie. If you own or have optioned the film rights to a book you can legally change the title for the screenplay. A recent example is the book “Push” by Sapphire, which was re-titled Precious when it was adapted for the screen. But you can’t base a screenplay’s story on a book unless you own or have optioned the film rights – that’s called copyright infringement and it’s illegal.

Subsidiary rights (including film rights) are almost always retained by the author (not the publisher) and can be negotiated through the author’s literary agent. The fee for optioning film rights varies widely, depending on the popularity of the book (a little-known self-published book may be optioned for as low as $1 while a bestseller could cost you the median price of a Los Angeles home.) The purchase price to exercise the option (to own the rights) is often 3% to 5% of the film budget with a pre-established minimum and maximum fee.

Attorneys Matt Galsor and Jesse Saivar of Greenberg Glusker Fields Claman & Machtinger, LLP have several informative posts over at their Legal Ease blog. For more details on optioning film rights, check out:

I Want To Buy The Film Rights!

What’s The Difference Between A Screenplay Option And A Book Option?

Should I Be Worried About Optioning A Book That Is No Longer In Print?

How Do I Obtain Rights For A Foreign Book?