This contract represents the only understanding between the parties regarding the submission of any treatment, story, idea, screenplay or other work (collectively “Work”).  This contract supersedes any oral agreement, and it may only be modified in writing when signed by both parties.  The production company will accept submission of writer’s Work only in exchange for entering into this agreement.

Because many writers submit materials, and often similar ideas are submitted or otherwise available, the production company does not pay writers for their ideas.  The production company is under no obligation to pay the writer for the idea submitted.  The production company is under no obligation to review the Work submitted.  The production company is free to use all material not protected by the laws of copyright. The production company is not obligated to keep the materials submitted.

In contrast with the provisions above, a production company should comply with copyright law.  A general submission agreement should not be used to force a writer to transfer copyright ownership from the writer to the production company or to give the production company the right to make a screenplay or film from the submission.  The submission agreement can state this, in part, as a means to soften the otherwise harsh
tone of the agreement.

In the event that the writer submits a Work protected by copyright, the writer grants permission to review the Work and make copies of the work for its evaluation.  The writer shall retain all rights to edit or adapt the screenplay and to make a motion picture or audiovisual work based upon the Work unless such rights are transferred to the production company as part of a written agreement.

The submission agreement should also explain that it is the general practice to review all submissions within approximately six months, or such time as is realistic for the producer, but that because of the number of submissions, the production company will only contact those writers with whom it is interested in developing a working relationship.  While it is certainly more professional to thank every author, and even to respond with comments if possible, the production company is better off doing so than promising to do so in a contract. 

The production company is not obligated to return the materials. The writer will at all times retain an original copy of the materials submitted and hereby releases the production company from any claims that may arise regarding as a result of the production company holding the Work.

The contract might also note that materials will only be returned if the submitting author includes a self-addressed, stamped envelope for the return of materials.  Given the low price of copying and the increasing cost of postage, many authors may forgo the return of their materials.

These suggested provisions are similar to the language that a larger production company would use.  The submission agreement is designed to protect the production company from claims from authors who send unsolicited materials.  Such contracts help courts dismiss frivolous lawsuits before the trial preparation becomes very expensive.

2.        Solicited Ideas & the Nondisclosure Agreement.

General submission provisions must be modified to fit the particular situation.  If the production company wishes to solicit a plot or an idea from an author, then it must be prepared to protect that author’s ideas.  This arrangement takes on the form of a nondisclosure agreement. Nondisclosure agreements are frequently used in business, and essentially require that both parties agree to share information in exchange for the
promise that neither party will use or disclose the other party’s confidential information without permission.  Indeed, if the previous sentence were written on a napkin and signed by both parties, it would probably be sufficient.

In the solicited idea context, the nondisclosure is slightly different than in the traditional business context.  The essential component of the agreement is that the idea, story, plot, characters or other elements are treated as confidential unless they were already known by the party who receives the material, or they become known in a manner that does not breach the film company’s duty of confidentiality.  The following contract clauses illustrate the core of the agreement:

Confidentiality.  Producer shall not directly or indirectly, disclose, disseminate, publish, or use for its business advantage or for any other purpose, at any time during or after the term of this Agreement for a period of seven (7) years, any information received from Writer deemed confidential by the other party ("Confidential Information").

Definitions.  For purposes of this Agreement, Confidential Information shall be defined as any information not generally known in the industry about Writer’s story, characters, ideas, themes, plots, writings or expressions products, trade secrets, services, or any combination thereof, whether or not such information would be recognized as proprietary absent this Agreement, including but not limited to information related to design or product specifications developed by Inventor.

Limitations.   Notwithstanding any other provision of this Agreement, Producer shall not be liable for disclosing, disseminating, publishing or using information which (i) was already known prior to the receipt of the Confidential Information; (ii) is information similar to the Confidential Information of Writer so as to make such Confidential Information no longer unique to Writer; (iii) is now or becomes public information through no wrongful act of the Producer; (iv) is independently developed or acquired by Producer without any use of the Confidential Information in such development; or (v) is required to be disclosed by law.  Producer shall, within thirty days of receipt of Confidential Information inform Writer of that material Producer deems not confidential pursuant to this paragraph.

Documents and Materials.  The documents and materials of Writer (including but not limited to all data, screenplays, treatments, records, notes, lists, specifications and designs) are furnished in accordance with the terms of this Agreement and shall remain the sole property of Writer.  This information (collectively known as "Evaluation Material") shall, upon the termination of this Agreement, be promptly returned to Writer, including all copies thereof, which are in the possession or control of Producer, its agents, and its representatives.

Term and Renewal.  The term of this Agreement shall be one (1) year commencing as of the date hereof; provided however, that Paragraph 1 of this Agreement shall survive termination of this Agreement and shall remain in full force and effect for a period of seven (7) years.