Friday, May 7, 2010

BY POPULAR REQUEST

A number of people have asked what submission form looks like. I found this online, posted by RUBICON ENTERTAINMENT in L.A. It's not evil. It's typical - what you'd expect to find from any broadcaster, distributor or production company...

IN ALL FAIRNESS TO THE PRODUCERS, BROADCASTER AND DISTRIBUTORS - There are whack-jobs out in TV land who will sue at the drop of a hat. I've had this happen to me. Some bat-shit-nutjob crawled out from under a rock a few years ago and claimed that he'd created Freaky Stories. He threatened to sue everyone; YTV, DECODE and myself. i pulled the proper documents out of the file, waved them at his lawyer and he crawled right back under his rock.

I have a friend who created a show - who was approached years later by someone who claimed that he'd stolen their idea. The guy never wrote it down, pitched it anywhere or told anyone about it. But he swore up and down that my friend had STOLEN his idea...

So yes. These forms are important for everyone's protection. But YOU have to be aware of what you're signing.

I'm using it without permission, but they've put it online for people to use in submitting shows. They're a perfectly legitimate company - producers of reality and infotainment shows for major outlets. I may contact them myself. www.rubiconentertainment.com

Rubicon Entertainment specializing in Producing Quality Television  Programming for Network, Cable, and Syndication

Please print out form and fax with your submission to . Thanks!

SUBMISSION RELEASE

Dear Sir/Madam,
You have indicated that you wish to submit to RUBICON certain ideas, proposals, marketing or promotional plans, program formats, treatments or other material (the "Material"). By signing this letter in the space indicated below and returning it to us, you confirm that you have read the enclosed RUBICON policy concerning the acceptance of the material, for review, and you also accept the terms of this letter. The Material should be summarized on the attached Schedule A and resubmitted with this letter.

The following shall constitute our agreement with respect to the material:
  1. 1. In consideration of your agreement to the terms and conditions set forth below, RUBICON agrees to cause its appropriate employee having the duty of evaluating Material of the type now being submitted by you to review the material.
  2. 2. You acknowledge that there does not exist, a fiduciary relationship between you and RUBICON. You requested this opportunity to submit your Material to RUBICON and you make this submission voluntarily and on an unsolicited basis. You and RUBICON had not yet reached an agreement concerning the use of the Material and you realize that no obligation of any kind is assumed by, or may be implied against , RUBICON unless and until a formal written contract has been entered into between you and RUBICON, and then the obligation shall be only as is expressed in the formal written contract.
  3. 3. You declare that all of the important features of your Material, and the particular items submitted by you (e.g., script, outline, drawings, photographs, taped materials, etc.) are summarized on schedule A annexed to this letter, and you have disclosed no other features to RUBICON.

    You acknowledge that this release covers and governs any and all of the Material, whether first submitted to RUBICON contemporaneously with, or prior to, or following, the execution of this release, and applies also to any submission of the material made to RUBICON by another source, directly or indirectly, by or through you.
    You warrant that you are the sole and exclusive creator, author and owner of the Material, and that to your knowledge no one else has any right to the Material. You further warrant that no rights in the Materials have been previously granted to anyone nor has the Material otherwise been exploited in any way. You believe your Material and its features to be unique and novel.

    However, you cannot and will not assume or infer from the fact that RUBICON will accept your offer to submit your Materials to RUBICON, that RUBICON regards your Material, or any part thereof, as novel, valuable or usable. You recognize that other persons including RUBICON employees may have submitted to RUBICON or to others or made public, or may hereafter originate and submit or make public, similar or identical Material which RUBICON shall have the right to use, and you understand that you will not be entitled to any compensation because off RUBICON'S use of such other similar or identical material. Subject to the foregoing provisions, RUBICON will not make any use of any legally protectable portion of your material unless you and RUBICON have agreed in a writing signed by both parties concerning your compensation for such use, which compensation shall in no event be greater than the compensation normally paid by RUBICON for similar material from comparable sources.
  4. 4. Any controversy arising out of or in connection with this agreement, including without limitation any claim that RUBICON has used any legally protectable portion of your material in violation of the terms thereof, shall be goverened by the laws of the state of California, and the parties consent to the jurisdiction of the state and federal courts of California for the resolution of such matters. In the event of such controversy you agree that you shall assert such claims not later than six (6) months after the date on which you first learned (or reasonably should have been aware) of RUBICON's use or intended use of any portion of the material . You further agree that your rights and remedies , if any, shall be limited to an action at law , and without limitation of the foregoing, you expressly agree that you shall not seek to enjoin or restrain the production , exhibition, distribution, licensing, advertising, and /or promotion of any of RUBICON's programming , promotional or marketing plans, and/or any of the subsidiary rights in connection therewith.
  5. 5. You have retained a copy of this release and of your material , and you release RUBICON from liability for loss or damage to the material. You also acknowledge and agree that RUBICON is not obligated to return your material to you. RUBICON's review of your material constitutes RUBICON's acceptance of the terms and conditions set forth herein , and RUBICON shall have relied upon your agreement herein in considering your material for review. RUBICON agrees to use reasonable efforts to keep all the material confidential.
  6. 6. This Submission Release constitutes our entire understanding and agreement , and supersedes all prior understandings, whether written or oral. Any subsequent modification or waiver of this Submission Release must be in writing , signed by both of us. The invalidity of any provision hereof is not to affect the remaining provisions.
  7. 7. You are executing this release voluntarily, without coercion or undue influence from any source, and do so with complete understanding of all of its terms and effects, and every portion thereof.
  8. 8. As used in this release, the terms "you" and "you" includes and binds the undersigned and any and all legal representatives of the undersigned. As used in this release, the term "RUBICON" and "w" includes and inures to the benefit of RUBICON and their succesors, assigns, employees, officers, directors, licensees, and associated companies and individuals.
    (NOTE: write a summary of the material in the annexed schedule A.)
Sincerely,
RUBICON ENTERTAINMENT, LLC

ACCEPTED AND AGREED TO:
By: __________________________________
Print Name: __________________________________
Address: __________________________________
Date: __________________________________

RUBICON ENTERTAINMENT, LLC
SCHEDULE A
SUBMISSION DESCRIPTION
____________________________
TITLE:
NAME OF SUBMITTER: ___________________________________
FORM OF MATERIAL: ___________________________________
SYNOPSIS __________ SCRIPT __________ VIDEO CASSETTE- __________ DVD __________
TREATMENT __________ FILM __________OTHER _________________________
Brief summary of content: ____________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Copyright information (if applicable) ___________________________________________


Blah, blah, blah... the deadly stuff is in red. That's where you sign away your life.
They can claim that they have something absolutely identical to it already in development.
Your only recourse is to have previously registered it with the WGA or WGC to establish
the date that you created your show.

Or, shoot an inexpensive pilot - put it online and generate your own audience and
THEN submit your show to producers and broadcasters. ESTABLISH YOUR OWNERSHIP!

1 comment:

  1. I've always been weary of online submission of ideas however I do like the idea of creating content and putting it online.

    ReplyDelete