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Shaudi is a Seattle-based musician, theatre artist, writer and social media marketing specialist. She holds degrees from Berklee College of Music and the University of Washington School of Drama.
At Wrapbook, we pride ourselves on providing outstanding free resources to producers and their crews, but this post is for informational purposes only as of the date above. The content on our website is not intended to provide and should not be relied on for legal, accounting, or tax advice. You should consult with your own legal, accounting, or tax advisors to determine how this general information may apply to your specific circumstances.
Let’s break down the main elements of a typical Script Submission Release Form.
Include the title and genre of the submitted script, as well as a brief summary (one or two sentences) of the script.
Writers will typically include this information in their initial contact with you, but if not, you can request it from them to include on the form.
This section should include the writer’s name and contact details. In cases where the writer and the rights holder for the script are different individuals, the “owner” is generally considered to be the rights holder for the purposes of the Script Submission Release Form.
This section should also include the copyright number if the writer has registered the script with the U.S. Copyright Office, and/or the registration number if the writer has registered the script with the WGA.
The form should outline the conditions for submitting the script. Depending on the circumstances, the submission terms might be non-exclusive, meaning the writer is free to submit their script elsewhere at any time.
On the other hand, the terms may be exclusive, meaning that the writer cannot submit the script to any other company while you are reviewing and considering it.
In the case of an exclusive script submission, you’ll need to specify the duration of the exclusivity. For example, you might define 20 days as the exclusivity period, meaning that 20 days after submitting the script to your company, the writer is free to submit it elsewhere if you choose not to move forward with acquiring the rights to their work.
Your Script Submission Release Form should clarify the rights the writer (or owner) is granting to you as the recipient. These might include your right to read, evaluate, or distribute the script.
The form should also clearly state that the writer maintains full ownership of the script throughout the submission process. This should be stated regardless of whether the writer has registered the script with the WGA or the U.S. Copyright Office.
In this section of the form, the writer (or owner) of the material guarantees that they have the necessary rights to the work being submitted. In other words, the owner of the materials affirms they have the legal ability to submit the material. This is the “warranty” piece.
It is also established that there is no obligation for you as the recipient to option, acquire or agree to produce the work. Further, this section establishes that if you pass on the script being submitted, but later produce work that is similar to the submitted material, the script owner will not file claims or lawsuits against you or your company.
It’s important to note that this “indemnity” clause is not intended to make it easy to steal writer’s ideas without paying them. Instead, it’s an acknowledgement of the fact that production executives and producers receive many scripts and story ideas in the course of their careers, and that there may be superficial similarities between many of these.
Your Script Submission Release Form should still give the writer an option to take action if they believe their intellectual property has been stolen, for example through arbitration.
You’ll need to specify which jurisdiction’s laws will apply to the agreement. For example, if your company is based in Los Angeles, you’ll indicate that the laws of the State of California will apply, and that California’s legal system will address any potential issues that arise.
Submitting scripts to producers is a pretty common practice in the industry. So is it really necessary to go through the formality of having all parties sign a Script Submission Release Form?
The answer is a definite yes. Let’s look at some specific reasons why.
As we touched on earlier, this document is crucial for protecting you as the script recipient from potential unwarranted legal claims or lawsuits. Properly utilized, the Script Submission Release Form can help safeguard you from legal actions related to copyright infringement, idea theft, plagiarism, or breach of confidentiality.
The exchange of intellectual property can lead to some murky situations, even assuming ethical conduct and all parties acting in good faith. A Script Submission Release Form can help provide clarity and structure if any of those situations arise.
For successful script copyright infringement lawsuits, U.S. courts typically require that very specific and protectable script elements can be proven to have been stolen. General similarities and plot points generally do not qualify, and a Script Submission Release Form can help protect the script recipient from claims regarding points like this.
The Script Submission Release Form confirms that the submitter owns the rights to the material and grants the recipient permission to review and consider the project. It clarifies each party’s role in the agreement.
The Script Submission Release Form states the terms of the submission, including that the submission of work does not create any relationship or responsibility between the parties other than those explicitly outlined in the document.
The form establishes submission terms like exclusivity or non-exclusivity, the submission duration (if exclusive), and the specific rights granted by the writer.
Having a clear agreement established before the script is available to you can help prevent disputes later down the line. Common disputes that a Script Submission Release Form may help avoid include who owns the rights to the material, how the material can be used, and what happens in the event the project is rejected or not ultimately produced.
For example, say a writer claims there was a verbal agreement that the script would be acquired for $50,000, once the formal submission process was completed. If you can produce a valid Script Submission Release Form proving that the writer acknowledged there was no obligation on your part to purchase the rights to the material, you can avoid further dispute.
Requesting a Script Submission Release Form is standard operating procedure in the film industry. Many production companies, studios, and festivals require them before considering a project.
As we discussed in the previous section, asking a writer to sign a Script Submission Release Form before you can consider their script should be no surprise to them. Many writers will be familiar with the process.
However, be aware that some writers, particularly those newer to the field, might not understand the necessity of signing a Script Submission Release Form and may even be hesitant to do so. Explaining why the release offers them important legal protections can help to put their minds at ease.
Here are some details to mention ahead of requesting a release.
Concisely explain why you need a Script Submission Release Form. Clarify that its purpose is to legally protect both parties and to formalize the submission process.
Make it clear that the Script Submission Release Form has benefits for everyone involved, including the writer. Highlight the elements of the Script Submission Release Form that most obviously benefit them, such as the protection of their intellectual property and clarification of their ownership of and rights over the script.
You can also share that the Script Submission Release Form is considered a professional courtesy and industry standard.
Ideally, the writer will have their own legal council—or contract help from the WGA—to review the Script Submission Release Form ahead of signing it.
But even if they do, it’s helpful for you to clearly outline what the Script Submission Release Form covers, including the specific rights they are granting you (for example, reading, evaluating, or distributing), exclusivity or lack thereof, and the submission duration.
Emphasize that the Script Submission Release Form does not transfer ownership of the script or any rights to the material. This will be one of the top concerns for writers in wanting to ensure they’re signing a fair release.
Assure the writer that you will keep their script confidential and only share it with authorized personnel.
Make it clear that signing the Script Submission Release Form does not obligate you to produce or option their script.
Because the majority of scripts are submitted digitally, you may not need to address whether you will return the script.
However, if the writer plans to submit a physical script, you should clarify whether you will return the script or keep it on file and under what conditions.
Finally, provide your contact information and ensure the writer knows who to reach out to with questions or concerns.
We’ve covered the essential elements of the Script Submission Release Form, looked at why it’s so important, and outlined what to communicate to writers ahead of requesting the form. You’re ready to securely accept script submissions.
Already received your submissions and ready to give your writers feedback? Check out our guide to giving script notes your screenwriter will actually appreciate! We’ve even got a template to help you prepare and organize your input.
As a producer or member of a company that receives script submissions, you might be wondering what protocols to follow when accepting material from writers.
Receiving script submissions can potentially open your organization up to legal claims, including those related to intellectual property theft or copyright infringement. Because of that, it’s imperative to have legal protections in place for yourself, your company, and the writers you work with.
Enter the Script Submission Release Form. A Script Submission Release Form can help ensure those legal protections and support better working relationships with your writers. And we have a free template to share with you!
Start by downloading our free Script Submission Release Form template.
It’s completely customizable, and there are bracketed and highlighted sections to plug your details into.
