After writing a handful of scripts, I've been offered an option for one of them. It will be a low budget film and the option price is no more than a token payment. While reading the contract, I was surprised to find a clause demanding that I give the producers and their company unlimited indemnity for any and all claims, even unfounded claims, against the script. When I demurred, they suggested I take out media liability insurance.
Is this normal? If so, where do people go for media liability insurance? Or do most people not worry about it? (This looks like another one of those things my writing teachers never mentioned.)
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They should be putting the script through clearance via a specialist. No worthwhile distributor will pick it up otherwise.
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100% hard pass
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Tell them you want minimum of 5k to option your script for 6 months And you will create the agreement and they'll sign it. If they don't agree, then move on.
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I understand how tempting it would be to be an optioned writer. Time, commitment to the craft, and imagination are valuable and should be rewarded. In economics, there is a principle that there is no such thing as a free lunch. Depending on how much time it took you to write, study, polish, etc., those are all hours, days, weeks, and months of your life. The time you weren't spending time with kids, spouse, family, most likely outside other engagements like work, etc. The same people wouldn't accept such deals.
I have since learned that indemnity clauses are a standard part of an option contract. You can't get around them. Plagiarism checkers don't protect you against unfounded claims of rights violations, and getting an unfounded claim dismissed is not cheap.
Yesterday, I priced insurance polices. I guess this is just one of the costs of doing business.