ASK & DISCUSS
INDEXCryptTV submissions legal question
7 years, 6 months ago - Anthony Cole
If anyone has any legal knowledge on this subject I'd greatly appreciate the advice, I've never come across such a clause before.
I've come across a company that commissions short films and would like to enter my material for consideration, however a clause on the t&C's has left me in limbo on my decision, I've copied the relevant section, to save reading it's the second paragraph where my concern begins.
"UNSOLICITED MATERIALS
With regard to submissions made which are not in full accord with this Submission Agreement and the submission process as provided for through the Website (“Unsolicited Submissions”), Company does not knowingly accept, via the Website or otherwise, Unsolicited Submissions, including, without limitation, submissions of personal information, professional information, ideas for entertainment programming, audio, audiovisual, photographic and/or other works or content, stories, plots, scripts, treatments or other literary materials, characters, drawings, or any other information, ideas, proposals, suggestions or content. Company’s policy is to simply delete any such Unsolicited Submission without reading, reviewing or forwarding them to other Company staff, staff of Company’s affiliated companies or other individuals. Therefore, any similarity between an Unsolicited Submission and any elements in any Company or affiliated company creative work, including, without limitation, any video, film, show, series, character, story, artwork, product, title or concept would be purely coincidental.
If Unsolicited Submissions are sent to Company via the Website or otherwise, however, such Unsolicited Submissions and copyrights therein become the property of Company, in perpetuity and throughout the universe, and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an Unsolicited Submission you waive the right to make any claim against Company or affiliated companies relating to Unsolicited Submissions, including, without limitation, copyright infringement, trademark infringement, unfair competition, breach of implied contract or breach of confidentiality"
Now the contract states that submitting via this process is considered "solicited" which is fair, what I'm unsure about is unsolicited material becoming their property to use including copyright infringement? How can you waive your rights to your copyright on this contract if you send in unsolicited material, wherein you would not have signed this contract in the first place if it's to be considered Unsolicited? My main and only concern is signing something where I lose my own copyrighted material, I've never seen this clause in t&c before.
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7 years, 6 months ago - Marlom Tander
Under UK law this is a bullshit clause that would not stand up in court.
It's also a refreshingly blunt statement of legal realities.
Reality - nothing anyone sends them will be finished product. If it is, they won't use it. But if it's a synopsis, and they happen to have been working on something similar they have now set up as follows :-
1) We were doing this anyway. Your USol had nothing to do with it.
2) If you really think it did, we own it anyway. See our Usol clause.
3) Still angry? Firstly, prove your copyright, secondly, overturn the Usol clause.
Basically, CryptTV don't want 2000 Vampire pitches Usol because some of them would be bound to conflict with what they are actually working on. And this helps head off writs from aggrieved peeps who THINK their stuff got nicked.
How do you get the attention of CryptTV? Follow their submission rules. (I assume that if you do that they are not laying claim to everything...)
Response from 7 years, 6 months ago - Marlom Tander SHOW
7 years, 6 months ago - Anthony Cole
That all sounds well and fair until the "copyright infringement" part, those 2000 vampire pitches aren't copyrighted, only their execution is protected, if the "we own your property" clause was so necessary then every company in the industry would stamp it on their legal docs.
I don't see how "we own your property" and " you agree you can't sue us for copyright infringement" is any good sign for any company.
Response from 7 years, 6 months ago - Anthony Cole SHOW
7 years, 6 months ago - Glyn Carter
I wouldn't trust a company that is so quick to bring out legal intimidation howitzers. Clearly they don't want unsolicited, so don't send them unsolicited.
But check the small print of the t&c's for their solicited submissions process. I have come across a similar clause when talking to a producer who was soliciting scripts, whereby everything I would write or rewrite relating to the project became his property from the moment I signed what he (misleadingly) called a non-disclosure agreement.
Producers are concerned about a writer suing them simply because they've made a film that's similar to a submitted script. There are forms of contract that indemnify a producer against this, but grabbing 100% of the copyright is not it. If a producer weilds this sledghammer, it doesn't augur well for a future relatonship. It makes me think that they are exactly the kind of company who will rip off copyrighted material given half the chance.
Response from 7 years, 6 months ago - Glyn Carter SHOW
7 years, 6 months ago - Anthony Cole
I agree Glyn mate, they've not replied to my email asking for clarification either, it reminds me of the time WB's wanted short horror submissions and if they made it into a feature film they'd give the filmmaker $100, stay classy Hollywood.
Response from 7 years, 6 months ago - Anthony Cole SHOW
7 years, 6 months ago - Nathan Hannawin
I think Glyn answers this really well. They clearly don't want it, do don't send them it.
I expect that as they produce a lot of content, people sending them unsolicited treatments etc could easily clash on copyright infringement just by coincidence and they want to keep their hands clear of anything that could come back to haunt them, as Marlom mentions.
It seems you were planning, or already have, to send them USol so I would recommend not to in this case.
Response from 7 years, 6 months ago - Nathan Hannawin SHOW
7 years, 6 months ago - Peter Brook
My buddy got asked if he’d put his film on there for a dollar, a wrought iron contract and his name at the bottom of the video. He said yes. They never sent the dollar (but I assume that was token to make the contract legally binding) they then commissioned him to make three more videos for $100 a pop and deliver them all together. They came up with excuses after they had uploaded the first two videos (which he’d spent some of the budget to make) they didn’t pay and stopped replying to emails. This was a year or two ago and he never heard from them again. Basically a shitty experience. If having your name loosely put next to Eli Roth’s looks good on a CV or whatever maybe it’s worth it, but if you expect to be able to anything else with it don’t bother. (Though they were fine with him submitting to fests with it).
Response from 7 years, 6 months ago - Peter Brook SHOW
7 years, 6 months ago - Anthony Cole
Peter I've had somebody else say that to me aswell, a dollar for the rights and they didn't give him any money for production and then complained to him about the final product, seems like a dodgy company from what I've heard and from that clause, I'm steering clear of them completely. The Eli Roth thing didn't and doesn't interest me in the slightest, I'm confident enough in the quality of my work to be happy with it standing on its own legs, I'd rather my own name be on it than Eli Roths name considering he would have no involvement.
Response from 7 years, 6 months ago - Anthony Cole SHOW