Screenwriting : A word of caution about sharing your movie ideas!!!!! by J. Brian

J. Brian

A word of caution about sharing your movie ideas!!!!!

Hey all.... just chatting with a new friend across the "pond" and wanted to share some advice with you that I shared with him. If you have an idea for a movie, NEVER share that idea with ANYONE until you have signed a NONDISCLOSURE AGREEMENT (NDA) with them concerning the idea. You may mean well and almost every filmmaker out there wants to get their idea into the hands of someone who they think could possibly help them become the next Spielberg or Scott (R.I.P.)... but it is a bad idea. My own producers don't see anything from me until I know my idea is protected first. You can't copyright an idea, but you can sure as hell be sure no one steals it until the script is finished by not talking about. If you're not a writer but want your script written, find and get to know a screenwriter. Let them know you have an idea and ask them for a few samples of their work to be sure their writing style fits your concept (romance writers write crappy horror, “Twilight” for example.. LOL). Study up on NDAs and find one to tailor it for your concept. Send it to the writer, have them print it, sign it and send it back to you. Now, an NDA may or may not hold up in court, but at least you've taken the 1st step to protecting yourself and your idea and it will count for something if the idea is stolen. I am speaking from experience as someone who, back in 2002, when I was planning to make my first movie, got taken by a man I considered to be my “Yoda”.... he had been in the TV industry for 40 years. The one thing he failed to mention was the NDA. Needless to say, he stole the idea after having me rewrite more than ten times to fit his vision of my idea and then banned me from his set when I grew angry about it. I took my original script, found five actors and, with absolutely no formal experience at all, made my first movie on my own with no crew. I released mine in a local theater for 8 sold-out showings and have won several awards for it and he never finished his (which I wrote). His cast and crew quit because he continued to change the script and plot. Years later, I ran into him and forgave him for it. He told me he would like to try again someday and just laughed in his face and walked away. And that's just one story. However, on the flip side of this subject, there are millions of people in the world so the chances of another person having a similar concept to yours is very likely and happens quite often. Once, again, as per my experience with several TV shows and movies that have come out in the last 10 years or so, I had same idea written as a synopsis a year or two before theirs came out. This may make me even more eager to get my new ideas out there, but I have to exercise some restraint. So do you. Your day will come if you work hard enough and pursue your passion. So PLEASE do not share your ideas with ANYONE... especially on a website! Research and get familiar with NDAs, in this business you will be signing lots of them. Exercise some wisdom and patience, guys and gals. Good luck!

Nikki April Lee

Oh wow! Thanks for this post.

Paul Bierker

And don't just download one off the Internet- loophole city.... Have a new one done for each production and have a lawyer do it. Half the NDAs out there are meaningless especially if the perp who stole your IP has more dollars than you.... My $0.02

J. Brian

A nice epilogue, Paul. Thanks.

J. Brian

Had to put this out because I'm being bombarded with messages from people wanting to share movie ideas. I understand the eagerness wanting to get an idea into the hands of people in the "industry". I've been there myself. But I felt this needed to be addressed to the masses. It can really be discouraging to new writers and filmmakers to have an idea stolen just because someone said they could help. TRUST NO ONE!

Allan Webb

As the saying goes, at a high enough level of abstraction, there haven't been any new stories since Gilgamesh.

J. Brian

That's cool Laura, I totally respect your experience and appreciate your opinion. I am only trying to warn others about the mistake of just blurting out an idea. It's been my experience that if someone doesn't want to sign an NDA or is even familiar with what it's for, then they are probably up to no good or they require a little more of my time to research them. I will always let an NDA or submission release stand in my way of a submission to a small studio. I've had too many ideas stolen from me by taking that leap of faith. I've had a movie, a TV show pilot and a coloring book concept stolen from me all because I was ignorant to what an NDA was when I got started in this business. And these were all friends of mine at the time I shared them! One was my mentor. A reputable company or person should at least ask if you have an NDA or some kind of release form they can sign before you tell them anything. When someone wants to share something with me, I stop them and tell them I don't want to hear another word until we have signed something. Then I suggest they go write it first, either a treatment or the script, before we sit and talk. It's a good habit for beginning writers and filmmakers to get into.... don't tell your ideas, write the script. I'm encouraging them to protect themselves. You can't trust most people, especially in the entertainment industry. When I did standup comedy, there was a guy in town who would go around from show to show with a voice recorder and steal material from other comedians to put in his act. I remember attending an open mic night with another comic when this thief came in and tried to perform with some of our material. Please protect yourself. That's all I'm trying to say.

Allison Bruning

Great advice! I know sometimes as a writer I can get caught up in the excitement of a new project I may have planned but I have learned over the years to give very vague answers when someone is asking about my next projects. On the flip side of that coin, many people will have the same conceptual idea but the difference lies in how an artists expresses that idea. For example the concept of a superhero who saves the world for a mad man can be expressed as Batman or Superman or Spiderman. Same concepts but different specific ideas.

Daniel L. Noe

Log lines, people.....log lines.

Michael Knight

Nice post. So what do you think to this guys opinion? (the comments are interesting too). http://doms-world.blogspot.co.uk/2011/12/nda.html I myself think that if someone is going to steal your story or idea, then there really isn't much you can do to stop it. If you think about it, every idea we all have is inspired from someone else's story, idea or concept and we then add (or try to) our own ingredients to it to make it our own. Outright plagiarism does happen, but where do we draw the line with sharing our ideas and projects (especially on a site like this)? Trademarks, Registered names, NDAs, Creative Commons Copyright? All these are valid if you want to make a movie and if anyone tells you otherwise, they are crazy. It would be like being thrown to the sharks without a cage. Proof of Intellectual Property is really needed these days. From a copyright site... The Chambers 21st Century Dictionary defines an idea as “a thought, image, notion or concept formed by the mind” so by its very definition an idea is a totally intangible thing. You cannot protect something that cannot be seen, heard or touched, or otherwise quantified because in every appreciable sense it does not exist. In order for there to be any protection of an idea, we must first make the idea exist in some tangible way. In the case of copyright law, it is the work that realises the idea that is protected (i.e. a document), and it is the act of recording that work that fixes copyright in the item itself. A treatment, format or synopsis for a TV show, book or film Copyright will protect the actual treatment, format or synopsis (as well as any other documents that detail the idea). It does not directly protect the idea, though registering the work would at least establish evidence of the content of your idea at that time. Clearly any direct copying of your material by another writer would also be a copyright infringement. As a VFX artist and designer I embed digital watermarks into my work that cannot be seen but can be tracked anywhere on the internet, regardless of any changes made to the digital media (thanks to Digimarc). Protecting your idea is a lot harder in the long run and protecting a script from plagiarism is pretty worrying, but if you cover your ass and do what you physically can within your budget to protect your work, it will make any legal case work out in your favour. Just my 2 cents worth.

Jim Knight

My sister-in-law--an experienced writer--wrote a segment for the old TV show "Murphy Brown." She submitted it for consideration, but it was rejected. Low and behold, a few months later she turns on the show, and other than a few changes here and there, it's her segment! The writing credit went to the executive producer she submitted it to. And although she's married to an accomplished Hollywood and stage actor (my brother), it made no difference, and there was nothing she could do about it..

Samantha Bartholomew

Thanks for the advice!

Edward G. Robinson

Great Post!! Thanks a lot for the advice. Information like this is always inspiring.

Billy Driver

Yes! You are right. People steal ideas all the time.

Allan Webb

It should also be noted that an NDA is only as good as your ability to litigate it if it's violated. If you don't have the resources to spend fairly significant amounts of money going to court (or can find a lawyer to do it on a contingency basis), you'll still end up getting screwed. NDAs don't prevent people from disclosing what they aren't supposed to, it just gives you something concrete to sue over, if you have the money to do that.

Marcinho Savant

I have to thank you for the thread, J. Brian!!!! Your, completely rational, caution inspired me to redo my stuff... even here on this site (no offense). Thank you for helping me whittle my Logline and Brief Synopsis down DEEP! Once I did, I changed it all on my website as well. I also password protected key info pages on my site (synopsis, treatment, beat sheet...) you helped me to get over myself and just make it clean and to the point! BIG fan of NDAs and have found them helpful. Thanks!

Stephanie Lynn Smith

Or you could just, you know, not give your script to someone who isn't willing to sign a contract before going into production and then do free rewrites for them without guarantee of credit or payment.

Geno Scala

One of the first signs of an amateur is one who whips out an NDA before a discussion about a concept. As you stated yourself, a concept cannot be registered or safeguarded- it's free for the taking. No NDA in the world is going to prevent someone from taking it if they want it. The list of screenplays that share identical concepts- being released within weeks of each other- is very long. If you have a sit-down with a legitimate producer and he wanted to talk over some of your ideas, and you asked him for an NDA, it's lights out. Nothing I say will change your opinion, but stop worrying about people "stealing your ideas". Trust me- you cannot come up with anything so original that it hasn't been thought of by a hundred folks already. Get it down on paper, make it the best script out there, and even if it's the same concept as "Rocky"- if it's better written, it'll get made.

Chuck Dudley

I agree with Jeff Richards -- pull out an NDA and the producer says PASS. -- Register with the WGA and perhaps copy write -- however the prod co will transfer the copy write anyway if they are going to purchase your work. But definitely take that idea and create it, write it, get it done!

Emanuel F. Camacho, Pmp

In terms of NDA's usually the unfortunate process is a Release handed to a writer by a producer to protect them from putting out any film/series they have in the works that's potentially comparable to what a writer is handing them. Sometimes it would simply be an NDA, I use NDA's all the time before ever looking at a screenplay. However, there are a great many ways to protect yourself as a writer, a producer, or a director with a concept, etc etc. MPAA http://www.mpaa.org/contentprotection WGA http://www.wga.org/content/default.aspx?id=1028 The MPAA has many guidelines and options as well as the Writers Guild of America for Screenplays that you have created. Getting them registered with the WGA is a sure fire way of protecting your film, at that point you may not need the NDA concept, and truly (which I think is also unfortunate) its considered by some to be an amateur move for a writer to request NDA's. Because it shows that the piece is not protected. Usually if you are speaking to a producer without ethics and you start with that, they already know they can take you for a ride... I hope that helps.

Emanuel F. Camacho, Pmp

To go back and piggybacking Geno's statement as well - instead of conceptually handing a screenplay in the early stages to a producer, start off with a Treatment of the project, or a one sheet - whichever you prefer in creating.

Daniel L. Noe

This is why I write treatments and loglines. If I get their attention after that then I proceed to an NDA. It really comes down to gut instincts and faith in the other party. But, go ahead steal my IP. That's what an experienced entertainment lawyer is for, and mine has told my wife about me that he would "throw myself in front of a bus to protect his valuable a**!"

Emanuel F. Camacho, Pmp

It's also about doing some due diligence, find out some info about the person you are meeting with, get an idea for what they've worked on, if any issues have arisen in the past for them. Ask questions, get an understanding for what their goals are before you ever go past the treatment conversation. Of course, you do this as you take a grain of salt, carefully, professionally, and with poise. You may end up trying to qualify someone that has tons of successful history producing and you only have your one screenplay. But having some informed background on the person you expect to pitch to may help you decide to actually pitch to them, or not at all...

Katarina Sandell

How do you find an NDA? And do you think it's safe to get a screenwriter from over the internet? Because I need a script written and Im not so good about writing it..

Victor Stapelberg

Thank you, very interesting article and comment. May I ask, are you linked to the "Grimm" TV series? Can we share our concepts with you on a trusted platform? So many children stories now find a market with Adults isn't that amazing. As the previous comment states by Katarina": I would love to find here on Stage32 a section that helps the community for example is a repository of documents such as the NDA you suggest and others. As multifaceted Artist Designing Fashion, Uniforms, Costumes and Sets and Buildings and I find NDA is very little comfort. Several times I noticed other party gets on "high horses" giving the feeling "How dare you think I am not honest?" if one mentioned a NDA. If one shows anything to someone with a visual memory they can take it change and run with it and there is nothing you will be able to do unless you have serious proof that will link their success (if even one) to you showing them your story. Sadly this world is full of "idea, concept story and script" hungry mongers. Would love to read your advice on how to find writer and screen writer partners without the dilemma that is singled out in your article? How to senses we could work as a team without first to exchange idea and concepts? One always has to sacrifice a good idea to interest the other party. Going out and make every one sign a NDA before proceeding isn't an option. Thanks again for the article looking forward to a follow up. Would be great here to read your stories on how little of a synopsis is "protectable" at the Writes Guild or Library of Congress. At the end even you have a NDA and copyright you still need sold $ to get a lawyer and sue and proof that someone actually took you for a theft & ride. As it is often said "Contracts are made to be broken".

Katarina Sandell

So childrens stories wont be done? I'm very confused.. (sorry I get really confused)

Geno Scala

Katrina- NDA's (non-disclosure agreements) are available for free online. They're generic, so you just have to fill it out and send it off to whomever you want and request them to sign it. As I posted above, however, few will take you seriously if you request it at this stage of the game. You have to be someone they want to work with, and vice versa. They are literally millions of scripts out there in the world. The number of cases successfully litigated for having been stolen IP, in the screenwriting world, can be counted on one hand. You'd be better served worrying about a comet landing on your head. Regarding screenwriters to adapt your book- you can search on this site for screenwriters, I'm sure, or on LinkedIN. I have hundreds of screenwriters of all levels within my network, and employ a number of screenwriters through The Script Mentor (www.thescriptmentor.com) whom are optioned writers, many with produced works under their belt. Many have favorite genres, such as children's stories or fantasy, etc. Good luck!

Keith Davis

First hand experience of this, I've put it down to another knock in life. The guy has just got the series going for next year, good luck to him, I see from your post Karma brought your guy back round for you to laugh in his face! Here's hoping for similar for me!

Robert S. Evans

This really depends. I have a few insider friends, and they will flat out tell you, they aren't interested in your ideas till they are in script, and they don't steal. Now, that doesn't stop Joe Shmo from doing it. The big thing is that it depends on who you are talking to. Log Lines are the way, and most of the time, and idea can be changed. While this post is very accurate, its also a learning point. The person that steals the idea doesn't have the heart in it. When my idea was stolen back in 1999, my response? I didn't get mad. Most ideas borrow from other things. I changed the names, altered a few events, and ended up with something far better than the original to begin with. The real lesson here is that people at the bottom are hungry and will do anything. People at the top don't give a damn, so long as there is heart and skill behind it.

Tshib'ls Kadima

Thanks for the great advice dude. am totally agreed with you.

J. Brian

WOW... Okay, "amateur"? Whatever, but I'm not stupid. My point was to make new writers and filmmakers aware that it's not a good idea to go blurt out their movie ideas before they're scripted to just anyone without some kind of agreement that the person being shared with will keep it confidential. Will that keep the person from stealing the idea? Maybe... maybe not. But putting it out there that someone who wants to have you sign an NDA is amateur just screams "up to no good" or potential idea thief. I know people have similar ideas, however there are those who outwardly mooch off of them, too, to make a quick buck. The production company, The Asylum, has made a lucrative business doing just that with their "mockbuster" movies. If NDAs are such a bad idea, why is it that so many legal professionals suggest using them? http://www.rocketlawyer.com/article/important-facts-about-non-disclosure... Sure we can't keep anyone from stealing portions of our ideas, but for Pete's sake do your best to keep it to yourself and benefit from the concept, even if it's just for a sliver of the pie. In 2005, I created an original twist on the zombie genre and a method of bringing them to life that is not at all typical of the zombie movies we all know. Of course the zombie thing has been done to death, but my zombies are not brought to life by a virus or meteor or toxic waste and my setting is not in the present or a dark future. So, why would I NOT have someone sign a contract of some kind and do my part to keep it from being stolen before the script was complete. All of my producers signed one with me before I even wrote the script, and afterward no one sees it until they have contract signed. Even the rep for our potential investment firm was glad to sign one just to get a look at it. And these all professionals... not amateurs. I have had many people since 2005 ask me to share the concept with them but refused to sign an NDA, that just advertise bad news right there. So, they still don't know what it's about. Do you really think, all these years later, they're going to benefit from the spoils when we finally produce it? NO! They missed out. Sure it's taken this long to get it this far, but I sure as hell was not about to just throw the idea to some schmuck so he could write his version of it and get there before me and spend the rest of my life kicking myself in the ass for being so stupid. PROTECT YOUR IDEAS PEOPLE!

Victor Stapelberg

Who said amateur? :-) Not me. But reading through your comment I must agree that probably the ones not wantint to sign are most probably the ones up for a free ride. Going for a lawyer each time to have one written .mmh can I send you the bill:-). Anyone would upload here or give us the URL for a quality oriented text of a script protecting NDA? Thank you kindly!

J. Brian

One of the posts mentioned that the sign of an amateur was whipping out an NDA at the early stages. While I agree in a way, I also disagree. I appreciate everyone's feelings concerning the subject. Everyone has a very valid point in their side of table. However, I still think everyone is missing the point. I'm not saying that if you pitched an idea to, oh let's say, The Weinstein Company, that you should go in there and demand these power players sign your NDA. That is truly the sure sign of someone who doesn't know how to play the game. Though The Company may sympathize with your motives, this is NOT the type of situation my discussion was aimed at. My motivation behind it was because I have had several people sending me messages wanting to share their movie ideas with me. IDEAS... not completed screenplays. They don't know me nor have the slightest notion what kind of honest or dishonest person I am. They haven't the slightest idea who I know or what resources I have readily available. They could be spilling their guts about an idea for a TV show or movie that could be the next big thing to someone who works for a major network. It is entirely possible for an unscrupulous network exec to open an account on a site such as this for the purpose of tapping the pool of undiscovered talent to steal ideas. Of course, I admit that this does sound kind of off the wall and on the brink of paranoia, but then again, that kind of a reaction is to be expected after reading several of the comments to this discussion beating into you that your ideas are NOT safe. So, ONCE AGAIN, I was addressing those who are thinking about sharing their ideas with people they don't know on a site like this. Why not just announce on your wall "Hey here's my idea for a movie..." and give it away to the world? It is natural to want talk about your ideas to people that you think may be able to help you, but you have to use some restraint. If you had an idea for a new kind of video game... would you join a web community of software programmers and just tell it to some random member and risk that guy putting together a prototype of your idea and selling it to Microsoft? Try it and see what happens.

Brian MacEvilly

Protective of your ideas? I can imagine what you'd think of this Australian site -- and other logline posting sites like it in the US (InkTip, for one, if I'm not wrong). http://logline.it/

J. Brian

@Brian.... I checked out Logline It....fascinating, but I don't get it. But I will respectfully tell you what I think... I created an account to get full access of the site in case you needed to be a member to get more out of it. It's too vague of a site. They tell you to: "Try your logline on our readers before investing months in writing your script. This is not a contest, there are no prizes. All you'll get is a little help from your friends writers in making your logline the best it can be." You're still just tossing your ideas to the wind. I found no success stories that came out of the site. There is no page that actually tells you who the creator of the site is, only a link to his facebook page. I did check him out on IMDB, but still found nothing that would convince me to post my loglines on that site. I mean no disrespect to him, after all, we're all in the entertainment business and it's a tough gig. And all the other "readers" on the Logline It site are just other people like myself who don't seem to have any real importance in the movie industry. There are no profile pages to give me an idea of who's looking at my logline. In the end, there's nothing stopping an experienced screenwriter from trolling that site, snagging a couple of interesting loglines, writing his own script based on them, then, selling them to a major studio and cashing in. But, to each his own. Just my thoughts.

Brian MacEvilly

Points well made, J. I couldn't see anything but folly in getting involved. Loglines on there aren't that great either. But Segers is a respected script consultant in Oz, it seems.

Emanuel F. Camacho, Pmp

Perhaps he was referring to one of my comments, while I use NDA's all the time and I am the first as a producer to tell people asking to show me material to sign one - I like to educate folks on protecting themselves - it is what other producers in general think if you throw out the NDA question - why? Like I said, it is construed as amateur - it alerts these people that you have not written a script - which usually means you have not actually committed your idea to paper. If you wrote a script, you wouldn't ask for an NDA - because you'd register it... If you wrote a script and don't know you can register it with the WGA - then in effect, it still makes you an Amateur. You made mention of the "sharing the idea before it's scripted" - While there are a few reasons to do so...it's best to write your script, register it, then share it...you avoid many of the pitfalls. My comment is not based on - Don't ask for an NDA...it's based on the steps you need to take before appearing in front of a PRODUCER. Many people starting out, don't want to hear that they are amateurs, and in fact, are insulted...Because in their mind - like many in Hollywood, is that they know the business or understand it better than someone else. People in general don't like being told they are wrong or don't understand something. Take it as learned understanding of where your pitch or knowledge is weak, and are aware of what and where needs work or fixing. But don't take it from me - definitely feel free to do the above with a producer and see how many of them will blow you off, or generally not give you the time of day if you are not properly prepared...have a "great idea" that you don't want stolen, yet have not taken the appropriate steps - now in front of said producer asking for NDA's...

Geno Scala

I take ownership of using the term "amateur", because it is- and the fact that you agreed (to a certain extent) says something. You also said that some of us were missing the point- one that I think you made quite clear. People offer to share their IDEAS with you. YOU think that's wrong, for fear of STEALING an idea, then you recommend an NDA prior to having that discussion. It's already been noted that IDEAS cannot be protected, and that would include an NDA. You tell me your idea about "flying zombies". I write a movie based on that concept. You sue, and say I stole the idea from you. I say "Yes, we had that discussion, but I had the idea a long time ago." Prove it- you can't. That's the point. If you think sharing an idea requires an NDA, having any discussion on any level about any topic with you would be quite trying, and that pun was unintentional. My suggestion is to stop wasting your energy on being paranoid about who is stealing what- because they aren't. Ninety-nine percent of the "brilliant ideas" people have are crap, and even if they did want to "steal it", you can't DO anything about it anyway. They still have to write a better script than you, and if they do that, only THEN, have you really lost, and then it would be deserved. Better to spend you energy on writing the most compelling and exciting script on that concept. "Snow White and the Huntsman", "Mirror, Mirror"..."Armegeddon", "Deep Impact"..."Dante's Peak", "Volcano"..."No Strings Attched", "Friends With Benefits"... and the list goes on and on, much like this thread...

Geno Scala

Btw, I didn't mean to come off as directing at any one person. I am completely speaking in generalities. I'm not calling any ONE person an amateur, or an idiot, or accusing one single person of "wasting energy". It was meant to be informative, not argumentative, and I apologize in advance if it comes off as such.

Geno Scala

"I steal from every movie ever made." — Quentin Tarantino

Emanuel F. Camacho, Pmp

as I just read Geno's statement my reply to the "amateur" comment may have also been a bit strong, it was not intended to call any of you an amateur, it was to specifically state the reasons why other producers may assume/presume one to be an amateur - and I also agree with Geno on his post about ideas - this past weekend I was on a panel with other filmmakers and we were asked questions about this exact scenario. While some of them on the wide independent side of perspective literally stated no care in the world to attempt at protecting their work, those statements were based on the concept that there isn't anyone out there waiting for you to come up with a great idea to steal (because much of that is in the mind of the creator, himself assuming his work is a great idea that someone wants to steal)...while there are people out there possibly doing so, its not very likely. As many have said - write your piece, register it with WGA and then pitch it...save yourself the time, worry, and paranoia... ...And yes, the thread goes on :P

Geno Scala

When I do script searches for fellow directors and/or producers (which has resulted in eight script sales and two hired assignments to date), and request certain types of scripts for the sole purpose of producing a film, I always request an NDA from the writer, which either I or the dir/prod requesting the script, signs then returns back to the writer. It's all very clean, very legal and very responsible. If the script is not a good fit, nothing happens with it (usually trashed or filed away on our end). Haven't read a concept, logline or script yet that was too good not to steal, but not good enough to buy (hope I said that right!). From the production person's POV, it's way cheaper to buy it than to steal it and risk losing your rep, among other things.

Victor Stapelberg

Great comment Geno ...although my e-mail says you wrote one that starts with "Geno Scala - 7:56am Aug 25 I take ownership of using the term "amateur", because it is- and the fact that you agreed (to a certain extent) says something. " ... that I do not see here.

J. Brian

Thanks Geno. I think it's safe to say that we all agree that there is a time and a place for the NDA, it's just a matter of figuring out when that time and place are relevant. I am totally open to any suggestions. I am NOT, by far, an industry player and I entered the movie making world with the attitude of the perpetual student. So if anyone who has any experience dealing with industry players has any useful info or advice on the matter other than what I originally posted, please, by all means, enlighten me. I am all ears (well... eyes, anyway)

J. Brian

How funny that the quote of the day one the site is "I steal from every movie ever made." — Quentin Tarantino. There you go... straight from the mouth of a Hollywood player who has build a career with hardly any original movies to his name... he will steal your ideas just to make a buck. Even his first big movie, Reservoir Dogs was a blatant rip-off of a Chinese action movie starring Chow Yun Fat called City on Fire. This movie was practically unknown to western audiences and it seems he took advantage of that fact and launched a movie career with it. Albeit a successful one, I must admit. I am actually not a fan at all of any of his movies nor his style of film making. Not only because he's a rip-off artist, but just about all of his movies feature characters who spend most of the friggin time locked in Mexican stand-offs when they're not having long winded, boring conversations referencing obscure and irrelevant pop culture. But that's fodder for yet another topic of discussion.

Brian MacEvilly

J, I also think that Tarantino -- head and shoulders above ANY other media figure -- bears a massive responsibility for the fetishisation of violence in modern youth culture. Of course he took over from his dark stepfather Scorsese ('Ever see what a 45 can do to a woman's pussy? -- 'Taxidriver'). And then there was the granddaddy of them all, the gifted but deeply damaged Sam Peckinpah. Violence itself is now a staple element of pop culture. And that is a terrifying and tragic thing. 'Resevoir Dogs' and 'Pulp Fiction' were clear turning points in the evolution of that. As for 'Kill Bill', spare me! I seriously wish Tarantino would fold his tent and just go away. To see so much instinctive talent in the service of such fare is truly sad.

Geno Scala

Michael Glen- There is no more or less "risk" is sharing a copyrighted screenplay. You certainly have more LEGAL protection if it's copyrighted. I am of the opinion (as stated vigorously in previous posts) that you are in relative "little" danger of risking anything, other than your own opportunities by being paranoid about it. Your second question is even more interesting: while you cannot copyright titles (and we've seen many repeated time and time again), if you go as far as to create another "language", or made-up words for your title, it still would not be copyrightable, but I would seriously doubt how anyone else could use it. For example, I had a screenplay called "Txt Frm Last Nt" then find out there's a website of a similar name, albeit slightly different text-spell. Unless it's trademarked, which it wasn't, all bets are off. Trademarks and copyrights are two different things, but I am not a lawyer. I don't think it's a good idea to have a horror movie called "JAWS" even if it's about a pair of upper and lower mandibles chasing kids in a playground, chewing them to death. Just not a wise marketing move. So, if it's your original title, make the story so great that it will only be thought of as your story. Good luck!

Kim Murray

It always amazes me how many writers will just email me or mail me a script without thinking of protecting themselves. I echo the few people on here that mentioned registering on the Writer's Guild. It's $20 per registration and you can register any type of script or treatment. I tell everyone I who asks me to register their stuff first. It protects me as much as it protects them. With so many ideas out there similar in nature I like to make sure all my i's are dotted and my t's are crossed.

Victor Stapelberg

If I may add the Writers Guild 20$ gives you only 5 years of copyright. Registering with the US CONGRESS LIBRARY is 37$ online and is valid the normal duration of any copyright that I presume is 50 years (correct me if I am wrong). On the other hand I understand that what ever is registered at the Congress Library is viewable to all the member of the public. I don't know why but as always in Canada it costs you 50$ and a membership to the Writers Guild that one can only get IF published..(sort of a catch22 position) . Any more in depth corrections and information welcome. This is all just off my head.

Kim Murray

I don't recall the 5 years through the Writer's Guild - but I do know that one of my screenplay writers was told through the US Congress that if she made any major changes to her script she'd have to refile it and pay a new registration fee. Whereas with the Writer's Guild you can re-write and revamp it as you need to because you're not necessarily registering your entire script. I just think it's a better way if you're just getting started. Hopefully you can get your script made into a movie in that 5 years or at least bought or optioned. But as we know that doesn't always happen. And if your script is made into a movie it's then protected under a different version of the copyright law. Victor can you not register thru the Writer's Guild from Canada? I'll look into it but you definitely shouldn't have to be a member and it shouldn't cost you $50 -unless you're talking about registering it in Canada - and then I don't know their rules.

Allan Webb

There appear to be a lot of misconceptions here about copyright law. When you create something (a script, a book, a song, or whatever), it is copyrighted from the moment of creation, and is copyrighted for the life of the author plus 70 years (or, if it's a corporate or work for hire creation, 120 years after creation or 95 years after publication, whichever is shorter). Registration of the date of the creation just gives you something concrete with which to prove prior art if any disputes arise concerning who wrote something first. I don't know what this WGA 5 year thing is, but it isn't copyright. http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States#Procedures

Victor Stapelberg

Thank you very much Kim and Allan. Yes I thought so to that a text belongs to who wrote it. In the good old times there were maybe dated manuscripts. But now with the Internet ..things can float around in such a speed. Anyway I am only participating here out of general interest and me not only wanting to sit back and read..I am in the process of writing a lot and my interest is to hopefully find a partner in writing for a sit com I have the concept about and the screen writer considering several books (that I must admit aren't printed yet) but are nearing a their final stage. Finding a quality Literary Agent also seems to be a real tough nut to crack.

Paul T. Murray

Forget registering with WGA. Waste of money. Only Copyright. When you sell a script you need to have the Copyright for chain-of-title.

Victor Stapelberg

May I ask, what is a chain of title?

Nicola Guaglianone

I don't know. I think the problem is not having a good idea. Everyone have good ideas for a movie. The real problem is to develop the idea.

Nicola Guaglianone

Titles are not registered with the WGAW Registry, as they are not protected by registration. The title and filename are mainly used to identify material within specific registrant records. The Registry does not make comparisons of titles nor record title changes for registered material. While someone else may have the same storyline or idea in his or her material, your evidence lies in your presentation of your work. Registering your work does not disallow others from having a similar storyline or theme. Rather, registering your work would potentially discourage others from using your work without your permission.

Nicola Guaglianone

Titles are not registered with the WGAW Registry, as they are not protected by registration. The title and filename are mainly used to identify material within specific registrant records. The Registry does not make comparisons of titles nor record title changes for registered material. While someone else may have the same storyline or idea in his or her material, your evidence lies in your presentation of your work. Registering your work does not disallow others from having a similar storyline or theme. Rather, registering your work would potentially discourage others from using your work without your permission.

Brian MacEvilly

Kim asked re having a problem registering with the WGA from Canada. I register from Ireland all the time. $20, done. Also Guild registering is quick. I've looked at full copyright in the US and the process seemed a little more painful.

Sizt Elilo

I agree with Alan Webb, that what I leared when I read about copyright law, before I first register for copyright, my first novel book 'Lallulla, Fairies and Super Beings: A Mysterious Land..l' Your work is what you created it. The first physical proof is where you wrote it.

Mark Schaefer

ideas are a dime a dozen.

Bill Kautz

Adding to that; NEVER read one from someone without a release.

Ian C. Glover

So true - thank god I have learned that early.

Armando Alejandro

This is a good post with some good info. The most recent lawsuit I was following was Sylvester Stallone getting sued for Expendables. I read parts of the original script that Stallone was accused of ripping off and their were definitely similarities.

Chuck Dudley

Bix -- Smart to post your work. Your screenplays really do show off your talent. Especially "Saint Patrick's Battalion" It's just a matter of time my friend.

Victor Stapelberg

How would someone "GET CREDIT" and no money at the same time. "For what" would the writer get the credit? AND NDA etc..yes it is a protection. Say you meet A who has signed you NDA and he tells the story to B&C to work on and they make it a hit? If your pockets aren't deep enough to pay a lawyers to prove that A is friends with B & C and disclosed to them you have no say at all. I have several books nearing finishing and still am concerned to "show" or send it to "anyone" in the movies to read it.

Allan Webb

There is no such thing as "protection", there are only varying degrees of how easy it will be to successfully sue somebody for stealing your stuff. Copyright, NDA, contracts, etc, are only slight deterrents and fundamentally only "protect" you if the other party is honest to begin with (which actually makes the paperwork superfluous). If somebody's going to screw you, they're going to screw you regardless of paperwork. You then have a choice: take them to court, or not. Whether or not you take them to court has a lot to do with how likely it is that you'll win, and whether the net recovery makes it worth it.

D. Parker Widemire Jr.

What a crock of kaka...NDA -- a BUZZ phrase for the terminally inept. First, unless you have representation (agent or attorney) no producer of consquence is going to accept your script for consideration WITHOUT an executed Submission Release agreement -- this protects the producer, not the writer. Second, a Non-Disclosure Agreement is just that -- an agreement to NOT disclose particulars of the property -- premise, concept, script to third parties. Third, you can't protect a concept with a NDA...with a copywrite...or with registration with the WGA...and no matter how fresh or novel the premise, somewhere on the planet there are five, ten or twenty writers hammering away on a script based on that same premise. In this business, when a party of consequence agrees to read/consider your script/project the surest way to show them you have no idea of what you are doing and will likely be a problem throughout the process is to request/demand a NDA. Just a personal opinion, I could be wrong but submit to me you will sign a submission release agreement first...and I will use your NDA to line the bird cage.

Victor Stapelberg

@D.Parker that is very interesting that way you share your opinion. This is why such threads are interesting so we can share and learn from each other. So now that you mentioned the agent & attorney option, would you share what is the best route to get to reach such individuals. What is the most likely format they want to be contact with,what they want to read, hear, see to get and interest. We don't want just another $ feeder type and hurdle to jump. The world is thriving on feeders that make money of others seeking the end of their tunnels. Starting with "self help", diet and get rich etc ..So unfortunate people create a living for others on their path to get paid or recognized for their talent. What type of attorney will one need, an entertainment attorney? How much will they charge average for stepping forward for and behalf of clients. I myself am searching for literary agents. Not an easy to locate. What is most amazing how many in writing world representation business are listed as "ONLY" paper and snail-mail oriented refusing e-mail submission etc.. as if stuck in a paper only world.

REkz KaRZ

@J Brian -- yeah, I think your idea of an NDA is not exactly correct. Why not submit your writing to the WGA (Writers Guild) and get your certificate and date instead? Additionally, you can mail yourself a sealed postmarked copy that you never open. But I think the NDA you seek is a contract you can't enforce -- unless you're a lawyer. In that case, write a bunch of NDA's!!! (But no producer who knows what they're doing will sign them.)

Victor Stapelberg

I agree with LOC...I learned that even technical drawings and architectural drawings can be registered at the LOC and at the LOC there is no time restriction. From what I read the WGA is restricted to five years. ( I guess it's to make more money..what's new). I have read that In UK you can send your self a double registered envelope and naturally it MUST be sealed. I guess the double pertains to the envelopes.

Öystein Thorsen

I experienced someone stealing a concept I developed, turned it into a series at a Swedish network. Now when I'm in contact with producers and similar I add in the email that "I hope we can consider this email as a NDA" just to make everyone aware that I am concerned about protecting my idea. Everyone replies very seriously and thoroughly to this, but at the same time it is not too much hassle with the whole sending a NDA back and forth.

Brad Stoddard

Good Advice! Even a copyright and WGA registration won't protect an idea completely.

Stacey Genève Travis

Hi J. Brian! I agree with you. That's why I never share my ideas about my scripts I may be working on. People do ask me to tell them the premise of my story I am working on, but I never do, unless it is someone who I really trust. Thanks so much for the advice. I wish you all the best!

Öystein Thorsen

Stevanne got a good point concerning contests. But I assume contests have guidelines pointing out that scripts and so on are protected. Worth to check out the guidelines tho, before submitting anything.

Anthony Crociata

From a screenwriter's point of view - Nothing says "amateur" faster than the fear of sharing one's "idea" without an NDA. I have shared every single one of my screenplays and never once has anyone tried to steal my idea. As long as you're dealing with a reputable producer, your screenplay and/or pitch is completely safe. No one wants a lawsuit. Always register your screenplay with the WGA (it's enough) and don't be afraid of telling anyone about your idea. I guarantee it isn't original, but your take or presentation of it is and that is where you should have the confidence in yourself as a writer and get [them] interested in your voice. If you start asking those in the position of being able to help you to sign an NDA, it just shows that you lack experience in the way that this business works and also a lack of trust in those that may be interested in what you might have to offer in the way of storytelling. The only thing you're going to hear from them is "Next".

Victor Stapelberg

Solid opinion that will help many.

D. Parker Widemire Jr.

Couldn't have said it better myself. An unproduced writer who requests a NDA might as well have a scarlet "A" tatooed on their forehead. The best advice that can be given to ANY writer is that when ANYONE of consequence agrees to read your work, ask them if they want it digitally or hard copy with a smile on your face.

Victor Stapelberg

Really amazing. Was it someone there simply plagiarizing your work or was it outright transgression of federal power? Unheard of. What state was that and when?

Bill Kautz

"Registering" is nothing more than establishing the day and date it is was created by the author, as recorded by a reputable source (such as WGAw). After the time expires by WGAw, they purge the file. In some states, Georgia for instance, a script, will, POA, anything that might someday require what is called a "true copy" (certified) to establish the author and the date it is was filed, can be filed with a county magistrate for around $5, the same objective is reached - and it will NEVER be deleted!.

Cheri Dodd

Am I correct to understand this as, don't discuss your idea with anyone until your script is written and registered or copyrighted, correct?

Carmen Anthony Fiore

Another thing not to do for producers who keep asking for free rewrites, is to do them. If they want to produce your script, have them option it first with an agreement for one rewrite. If more is requested, set a fee for each one. Producers will get you to do rewrite after rewrite without compensation, if they can get away with it--if they sense you're desperate. I've turned down quite a few rewrite freebies.

Andy Davie

I totally agree with all you've said J.B. Personally I don't divulge ideas to anyone until I've written the script, protected it with the WGA and then I pitch it to producers. Sharing ideas on a website seems like giving yourself away... foolish at best. Like you said, you can't copyright an idea, but you can copyright a screenplay and as your horror story shows, it's the execution of the idea that counts, both in the form of a screenplay and the production of the film/tv show. Thankfully I've been lucky enough to have producers/directors coming to me with ideas to write as screenplays... and yes, NDAs are always used to protect those ideas. As with many things in life, protection is always the best bet...

Victor Stapelberg

So what you say about NDA is total contraction to others statements who are also seemingly professionals? Awkward. Leaves us no where further than at the beginning with opinion that rate those asking for a NDA as debutantes that will be frowned and looked down on.

Rachael Saltzman

Here's the deal. It's cheaper to buy your script than steal it and get sued. Especially for an untried writer.

Greg Wait

I'm not suggesting you're wrong, but for a different perspective, I've often heard that the best way to safeguard your concept is to make it notoriously known that it's yours. In other words, if you tell a lot of people, you've got a lot of witnesses to the fact that you had the idea. Also, your own story points to the bottom-line fact that even when someone stole your CONCEPT, your EXECUTION won out. Your version of your story was better. So personally, I don't hold my cards too close to my vest, and I trust in my ability to write the best version of my concept even if someone else decides to steal it.

Don Thomas

In the end there is no real protection from someone stealing your ideas. Copyright and Patents will always protect the interests of he who has the most money. Always. Non-Disclosure Agreements do offer some modicum of protection, but in no way do they offer full proof protection from highly specialized upper end entertainment lawyers, which more than likely They will have access and You most likely will not. Cause if you did. If you had already managed to attain that level of success, they wouldn't be trying to steal from you. So if there is any substantial money on the table that you think you just might have a chance of getting back, fully understand that more than likely at best even with a Non-Disclosure Agreement your chances of outright winning such a case are certainly not 100%. Maybe less than 50%, and if you lose, more then likely the judge is going to order you to pay the "Idea Thief" for every single penny their bookkeepers can claim they spent defending them from the "frivolous" lawsuit you had the audacity to bring against them. And if you did not know some of the most creative bookkeeping the world has ever seen is pretty commonplace in the film industry.

Victor Stapelberg

Sounds pretty negative, with such an outlook not many chances. But here I got THREE chances already on Stage32. One full feature movie and one short now at chosen to compete and another Video that was fun to make... So I am always positive that something good is around the corner... Did I see a sign that just said "Hollywood straight a head?"...You tell me :-)..I need a lawyer.

Victor Stapelberg

And along your lawyers lines... So an engineer dies and goes to hell. Not liking the lack of conveniences he builds everything. Elevator Escalators, jacuzzi, pool etc. They yearly call between the Devil and God is just around the corner. God calls Satan "How many are you sending back from the purgatory?" I need to prepare for this year contingency". Satan smirks, "No one they are all very happy hear downstairs, we have air-con, pool, jacuzzi, etc". God is very unhappy .."You copied Paradise" he accuses Satan "I will sue you for copyright for all the Paradise conveniences"... Satan laughs out loud and replies with confidence " Where will you find a lawyer up there?" .

Don Thomas

God is dry humping Job in the hot desert sun. Satan tells God that Job's personal perception of God is too limited, therefore all he can offer onto him is unconditional servitude. God pauses for a second looking over at Satan and says, "Why you got to be so negative? Can't you see I'm trying to get to the happy ending?"

Burchell C Hanson

it was just a few days ago i post a question on the same subject, wow. thanks J.

Lennart B. Sandelin

Thanks for your insights, and as Norma Padro said, it is truly sad that someone would steal your idea...but I guess, one would be quite naive to think otherwise. But, if you find someone you trust and STILL they steal your idea, well, that is truly rotten. I am primarely an actor but have recently written a short (actually very short) stage play, more for the fun of it, and I have shown it to several people, one is a director/writer friends, whom I've known for 25+ years...well, I hope he won't steal my idea. He probably won't, because it is too short :)

Arleen Birks

This topic has opened my eyes, yet I'm now worried about how to get my screenplay out there without the concept - even scene ideas - being stolen. What's the general consensus re protecting your screenplay when sending to a 'script doctor', screenwriting competition or online pitching?

Tim Aucoin

Sorry to hear about your experience but it looks like you won in the end. Still, I don't agree with not sharing your idea with ANYONE. Just share it with other writer friends or family that you know won't screw you over. Feedback is important.

Irina Penn

I agree with Tim, everything I write is intended for an audience, so we have to test it in some way and see what they like and do not. My advice is to choose between friends with a strong critical sense, the friends who are fans of the film, ask the movie bloggers, but share your ideas and see what is the feeling for it.

Peter Daniels

When you play in a big pond in film, there are others who are lazy, and they will steal ANYTHING! SIGN non disclosures! Peter Daniels. P.S. we are talking major money!

Bill Kautz

Something else to consider. A "major" has deeper pockets and the cost to option a script is peanuts, whereas a start up with no credits or credentials doesn't, and may be more inclined to steal an idea, even the entire script, to save a few bucks. Unless someone asking to see a script of mine has VERIFIED credits (IMDb), I won't send it to them.

D. Parker Widemire Jr.

Mr. Kautz, I'm afraid that your post made even less sense than this entire thread...which takes some effort. The odds of any studio/producer -- major, mini or minor -- "asking" to see your script are simply non-existent. Producers are deluged daily with query letters, more or less, begging for consideration and a read. Therefore, you control your own potential audience -- choose carefully where you direct your own query letters. No studio, no producer wants litigation regardless of how deep their pockets -- while attorneys love litigation, defendants do not. For that reason, unless you are represented by agent, any producer of consequence will require you sign a Submission Agreement -- BEFORE -- accepting your work product for consideration. This is to protect themselves from litigation. The paranoia that runs deep through this thread is beyond comprehension. The happiest and brightest day any unproducer writer should ever experience is the day that any producer of consequence (one who can actually take pages to screen) agrees to read and consider that writer's work. When any party agrees to read your submission, sign the required submission agreement, provide the script in whatever required format and then take a moment to rejoice. Protection of your work is a very, very simple thing -- it has been around for centuries -- register it for copyright. Don't just add the symbol, make the effort to register your claim. While you can't protect a concept, you can protect your execution.

Danny Manus

I have to agree with many of the posters on this thread. No one will sign an NDA from a new writer. Hear that? NO ONE! Know why? Cause you're idea's not that special. Execs, agents, producers, consultants - we hear 50 great ideas a week, you think yours is so special we're going to risk our reputation and namesake just to steal it to make a buck off of you? NOPE! There's another one coming through the door right now... It's paranoia, it's self-aggrandizement, it's self-sabotage, and it's just plain untrue. Are some ideas stolen? Yea ONCE in a while. But they're not really stolen - usually it's that a kernel of your idea is developed into a better story than the one you actually created. Now, you want to protect yourself - register your script, copyright your script, maybe even register a treatment. But beyond that, you're DONE. I'm sorry by this whole NDA stuff is wholly untrue and it WILL close doors for you. I promise that.

Danny Manus

That being said, it IS a good idea not to share your loglines for unwritten scripts on the internet where anyone can see it, take it and write their own version. Protect yourself and your ideas, but don't be paranoid!

Victor Stapelberg

It was very inspiring to read Mr.D. Parker Widemire Jr. detailed answer. Would you be able to post the wording of what a " Submission Agreement" reads like. Thank you!

Greg Wait

I submit every completed script for copyright BEFORE sharing it with anyone. (It takes maybe 15-30 minutes.) Once that's done, I share away.

Victor Stapelberg

@Danny Manus. Thank you decisive comment!

Victor Stapelberg

@ Bix " Have some humor, haha, as you say and I quote "Please! Steal my script and make a movie out of it! I'll be thrilled and won't hire a lawyer...promise." I agree with the first part but think not many will concur with the latter if it's a box office smash hit. If a disaster, I promise I'll be silent, for a while but then I'll say I could have done better as it was my idea! :-)

Victor Stapelberg

@ Brian: Who ever says what ever about your opinions.I say I wish all comments have such a successful long lasting thread! Bravo!

Bill Kautz

If you have around $100,000 to pay a lawyer, and theirs if you lose, go ahead and sue!

Rhoda Cronebach

Also, register your script with the WGA (Writer's Guild). You can do it instantly online. It's not expensive, and it counts in court.

Greg Wait

If you've got the copyright, there's no reason to register with the WGA. You're just spending extra money. If you want to do the WGA instead, that's fine, but I prefer copyright. I think it has more teeth.

Victor Stapelberg

The"brake down" process in the latter part of your comments sound very interesting. There are so many ways text proceeds through to many hands that I am sure many of us are not aware of. One more insight thanks.

Victor Stapelberg

I am a prolific writer and have more than a handful of projects on the go. How much text or synopsis is enough in terms of word count to copyright a story before an complete entity has been written? Actually, at the US library of Congress I found out to re-submit an amendment to an existing copyright story is more expensive than the original. I wonder, is it wiser to ignore the first copyright application leave it as is and make a new one for when a full manuscript is done, as long as the holder of the copyright is the same?

Victor Stapelberg

May I say, I am not attracted by the service that is offered by the WGA (Writer's Guild). Simply because they validate a copyright registration for "five years" only! Contrary to that, the US Library of Congress copyright registrations have no time limitation. That makes their fee way more affordable and strong, as so many projects float around over five years before finding that needle in the haystack who will take it to screen and market.

D. Parker Widemire Jr.

First, and most importantly, you can't copyright a concept only the execution (script, novel, etc.). You can, on other hand, WGA register a concept/synopsis which affords you no real legal protection but can become the basis for arbitration should both you and the offending party be guild members. Second, the best route is to execute (write) the concept and copyright register the finished product. Between concept and finished script keep your mouth shut and your fingers busy. Just my thoughts, I could be wrong.

Greg Wait

I was going to post something similar to the above, only less eloquent. Until I'm ready to show my script to someone, I keep it to myself. Before I show it to someone, I register with the copyright office. After that, I share away. (Within reason.) ;-)

Bill Kautz

That's the danger of listing a script on InkTip. They say "industry pros" can find scripts, but many of them are writers and their credits on IMDb, are for crew.

Greg Wait

Do people list their scripts online without registering them? Seriously? I can't imagine being that naive.

Victor Stapelberg

There are so many "groups" on offer to join to exchange views ideas and reads etc..I never go as I can't bring my stories over my lips with strangers that yes may be good and willing but at the end I have learned everyone if not the majority is looking out from him and herself success only. Although I long for a writing partner at times to share and throw ideas around and make them snowballing across the world of words.

Peter Daniels

If you share a script with anyone,they sign their name in bold strokes on every page so that in the future there is no misunderstanding. Cheers! Peter Daniels.

Jason Liquori

on the flip side, as a writer, i won't discuss an idea with someone unless they sign a release acknowledging i may already be working on something similar.

Mary Ellen Gavin

We keep ideas away from the courts to stimulate other new ideas and that goes for books and film. My ideas have been copies even when the studios told me my ideas are silly. They even copied my casting requests for the parts. Today, it is so much easier to make our own films--Indie Films are our future. If there is any way you can find a little film crew looking for a script? Grab them. Also, Indie films have changed the way we set up our scripts. Try to keep them consolidated to three or four sets/backgrounds and hunt for Stock Footage for outdoor scenes or scenes of places you cannot get your crew to ... Yes, smaller productions, but bigger stories!

Michael Persaud

What do you do or think about a producer who showed interest in hearing about your script, requested a meet and greet, then requested a copy and then suddenly goes dark?

D. Parker Widemire Jr.

Likely, that means the execution (script) did not live up to the billing or the perceived commercial potential. Did said producer require you to execute a standard submission agreement in advance of accepting your script?

Kem Royale

I don't mean to be oppositional... Does this jive with the elevator ptch and the like?

Michael Persaud

nope, at the face to face meet he just said he liked the idea, would love to read a copy that weekend as he had some free time and to send it to his email which i had used to correspond with him. I did as i trusted him after the face to face. After that i pinged him a few times and he never responded. I just had that bad gut feeling since.

Kem Royale

I'll certainly take this advise.

Greg Wait

I agree, to a pont. I want people discussing my script. I may want to asset some control where I don't know who's involved, but yes, better to get it out there than not.

Michael Persaud

@Leon, yes it was WGA registered but may have expired at the time i was talking to the producer. @Alle, i agree that you have to get out there and network your work so it gets interest but from everything that i've read IMHO there is no guarantees that you can protect your self even with an NDA

Greg Wait

Saying you can't protect yourself, "even with an nda," is kind of like saying you can't keep from getting mugged, even if you carry a gun. No, carrying the gun won't stop the attempt, but it ought to keep them from succeeding. Same with registering and taking reasonable steps. (FWIW, I don't want to prevent others from talking about my scripts, I want to prevent them from STEALING my scripts. Discussing them might just get me noticed, optioned, and sold. As such, I think an NDA runs contrary to our best interests as writers. The ONLY time I'd find one appropriate, is if I had to discuss a script before I registered it.)

Phillip E. Hardy, Prolifique

You can't copyright an idea but you can sure as hell copyright a story synopsis with a beggining, middle and end. I've done quite a few.

Timothy Drew Stites

ty for your advise.

Timothy Drew Stites

No one can tell my stories like I can... As writers we must allow the script to move on and grow legs. Meaning sell it and move on. The alternative is never being read? We have to work with people...

Ralph Shorter

You can't copyright titles. I thought I had the perfect title for my script. I had to change the title of my political thriller from "Something" to... "something else." I've learned the same lesson empirically. I don't know how they came up with the title for their film, but it seems convenient they shot the movie in the same town I was living in at the time. I did let a lot of people know about the script I was working on, but there was one particular individual who was working with both of us at the same time on different projects. I've let it go now. The new title might even be a smidgeon better. My own fault. Don't tell anyone about your titles, either!

Mary Ellen Gavin

A lesson from Sister Mary Genevieve, my high-school lit teacher. She told us that often writers are working on substantially the same ideas at the same time. The reason might be a book or film or news item sparking imaginations. Or, could it be the thoughts and ideas floating in the universe--there for the taking. Over the decades of reading ... I have seen more of the second explanation that the first. I thank that sweet nun for everything she taught me.

Angela Anjii Bryers

Hi, I know this post is very old, but it's interesting. Just to be sure, you're talking about pre written script? Once the script is written and copyrighted, you're ok?

David E. Gates

It's called the steam-engine effect. Stephenson's Rocket was just one of many steam engines being developed at the time. He just happened to get his demonstrated appropriately first. And hence gets all the credit and kudos for it etc.

Craig D Griffiths

No one steals. We are the cheapest part of the process. If you really want to protect your idea, write down as a one page prose. Then you own the original expression of your idea. Tada not hard.

Dan Guardino

Craig. As far as copyright goes a one page prose would offer about zero protections because only the written words are protected under copyright. Even a treatment would offer some but not a lot of protection. The only way to protect and idea would be with a NDA. Without a signed NDA anyone can borrow your idea because ideas are free for the taking.

Mandy Vicsai

Since a logline is intended to clearly encapsulate the concept, are you suggesting that we don't post them on sites such as this? How would you recommend getting expose if it isn't publicly promoting our ideas?

Dan Guardino

I am not suggesting people shouldn’t post loglines on public forums. I’m just saying they are free for the taking because ideas are not protected under copyright protection. They are free as the air we breathe.

Stefano Pavone

Dan Guardino That's why I'm thinking of copyrighting my novel (even though I don't agree with the concept of intellectual property, I do agree that it has its benefits and exists to protect acne-scarred artisans such as ourselves :) ). As for NDAs... I don't get this obsession with them. Movies 30, even 40 years ago didn't need to be kept super-secret, so why now?

John Iannucci

Agree with some here, but as a relatively new writer with 4 scripts overt 5 years, there is no way way I would get ANY traction if I asked the agency / studio / pro decker to sign an NDA BEFORE I sent my query describing my scripts. I only send after I copyright (some have WGA, but I stopped wasting that money.) I only post on sites (i.e. script revolution) after copyrighting. Lately, I’ve done well as I have 15 reads out there currently. Getting them was hard enough. Leading with an NDA would be impossible.

What I find amazing is many agreeing on here sign the submission forms requested by receiving parties - those are more condemning (I just spent an hour on the phione yesterday with a leading entertainment lawyer in Philly. HE said - if you want to get read you have to sign them, but read first as they are not all the same)

Plus - Copyright does not protect your idea - it protects your content. It’s on their page (read it someplace there.) NDA can’t protect an idea. Ideas forms in the mind by past experiences overlapping - and there is also a phenomenon called something like - parallel ideas. That is that your idea over here - a person in a different place may have the same idea. (Case in point - soon after the wright brothers flew a French inventor flew. They had never meet or compared notes, yet their contraptions were almost identical.)

The cases won that used in the post above were on content - like the actual book. It’s the way it plays out.

Like I said - I’m pretty new, but I’ve done a lot of research as I have 5 submission release forms sitting on my desk right now.

Thanks for letting me rant.

John

Dan Guardino

Stefano. Production companies and studios have been using NDAs for decades. They don't want to spend millions of dollars on development and production and have their competition to come out with something similar two weeks before their movie comes out. I had to sign them when I did work for a production company and when I was employed as a staff writer.

John Iannucci

Agree Dan - if they send it it’s okay, but thats after script is written, right?

Also somebody mentioned about having to reregister with copyright after every rewrite -

I contacted them about that about a year ago - the guy told me cosmetic changes, scene changes don’t matter as long as the story stays intact.

I read a lawyers blog on that - an article on it said courts usually allow about a 30% cosmetic change as long as the story / theme stays intact.

Doug Nelson

An 8 year old post - really?

Dan Guardino

If they send it out that is okay. A production company and or studio know how to protect their interest and they can be held libel if one of their employees stole it, so they make them sign NDA’s. You only have to re register a screenplay if you make major changes to it. I’d agree that no more than 30% seems about right. It is very rare that someone will steal your screenplay, but you always want to register them because a producer will want to see when it was registered. Screenwriters seem to believe they will need to register their screenplay in case they want to sue someone one but in most cases it is used in case someone tries to sue you or in most cases the production company because they normally have the deepest pockets.

Ben Hinman

Eh. NDAs are effectively useless though besides as a papertrail of documenting that you have communicated information on a certain project with a certain party on a certain date. it can't actually protect that project. Also, registering with the WGA won't protect your script either, you have to do that with the library of congress and even then it can't protect ideas like the concept or the plot structure, only the script itself. Additionally, those few companies that even TAKE unsolicited scripts like circle of confusion have supposedly boilerplate language that allows them to produce an "identical" (yes, this is the exact word in their contract) script with the same name and you can't do anything about it. So like, in terms of actually having tools to protect yourself if someone wants to steal your script, you're basically fucked. The only solace you have is that if someone decides to steal your idea and make it into a movie they're probably going to cock up the execution because they don't actually understand the source material or they wouldn't be ripping it off to begin with. Which is not much solace at all because its better not to have produced it at all then to have wasted such a concept on a poor execution. This is coming from someone who is pretty sure someone stole their logline from a logline contest, without even bothering to change the title.

This is just a theory that hasn't yet blown up in my face, but... it might not be the worst idea to copyright it and then just straight up go public with it. Having public eyes on something in case the worst should happen certainly is more protection than trying to prove someone ripped something off in a private conversation you had behind NDAs.

Stefano Pavone

Doesn't bother me. I own the rights to my story (a novel, which I've adapted into 3 scripts), so they wouldn't be able to do anything without my approval anyway (no remake, reboot, sequel, prequel, spin-off, etc.).

WL Wright

I am blown away by all the likes on this one but it's also 8 years old and probably the oldest post I've even seen here. Granted I am still at newbie level here. NDA's do work but man, I don't want to start any conversation with someone who will consider a script that they might steal it. Sound like a bad proposition to me. I have more faith and less fear than that. I might be wrong but I'll take my chances on the long road.

Allen Lawrence

Q. Is it okay to publish loglines and synopsis here on Stage 32 once you registered a screenplay with WGA or should they be private?

Craig D Griffiths

There is so much material in the world produced by disparate people. No one steals.

http://griffithscreative.com.au/someone-will-steal-my-idea/

Allen Lawrence

Great article Craig. Thank you for the insight.

Bill Taub

Let me underscore this advice. Do not tell people ideas. NDA or not. You will be a successful writer based on the execution of an idea. I can take that great idea you gave me and execute in a way that is totally mine and you're S.O.L. You do not want to get into litigation even if you win it. Meanwhile I have to share the surprise I got over the week-end. Nothing is ever dead! https://bbemaildelivery.com/bbext/?p=email&id=456f2c35-e7c3-2370-687b-9c0eceb97d4e

Bill Taub

And with what we're going through invite those who are interested to this. https://bbemaildelivery.com/bbext/?p=email&id=e52ea5a9-cac8-e8b8-c241-62108047cee9

William Martell

8 Years Later...

Craig D Griffiths

I have been ignoring the Zombie posts. But sometimes a comment grabs my attention.

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