Legal Question in Entertainment Law in New York
Confidentiality agrrement
Hi,
I am an actor/screenwriter/producer/director and I have a screenplay that I wrote(which is copyrighted in Library of Congress and Registered in the Writers Guild of America) that I will be submiting to a production company('s). I want to get an agreement in writing to say that they will not divulge any information about the script to anyone else, nor make copies etc. withtout my permission and that it is for there reading purposes only-which from is best-is it the NY Non-disclosure Agreement(short term)? Any other advice to protect myself so a few years down the road I don't see that they have made my movie and stolen my idea/script without my permission.
Thanks,
Charles
3 Answers from Attorneys
Re: Confidentiality agrrement
That contract sounds like the right one, but you would need an attorney to tailor it to your situation if you want to have a better chance of protecting your work.
Re: Confidentiality agrrement
You're already protected against their copying under copyright law. You may have some additional protection from state unfair competition laws. You can try to get non-disclosures but unless you're a produced screenwriter it's unlikely you would. Even if you did, and they were contractually obligated to not "shop" the script without an option agreement in effect but they did shop your script, you would have an action in contract for which you would have to prove damages. Not a thought to keep you cozy on lonely winter nights. If they won't sign an NDA, your choice is to select responsible companies that won't shop the script without an agreement with you or take your chances like 99.9% of writers do (I represent both producers and writers so I see both sides). In any case, when you send the script, your cover letter should advise that they have no rights to offer the script to third parties without your consent. Be prepared, however, to get a response that in order for the company to read your script, YOU have to sign a release. If you're as concerned as you seem to be, you should have an attorney working with you.
Re: Confidentiality agrrement
You appear to have substantial rights in your product,with that in mind,I would not rely on a simple form to protact those rights. I would retain a competent entertainment attorney to draw up a proper cover letter to go with your product when it is marketed. This type of product is too valuable to market without proper representation.