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This article is used by permission of Mark Litwak, Esq. and is taken from
www.marklitwak.com.
Question: I've heard an alternative way to get a script to a producer or
talent is to submit it using an entertainment attorney. What are the advantages
and disadvantages of doing so? What should the writer consider when submitting
through an entertainment attorney? What does the attorney consider before
submitting (or will they submit as long as their fee if being paid)? —Geoff
E.
Answer: Many studios and producers have a policy of not accepting scripts
unless the material comes in from someone they have a relationship with,
or someone with a track record in the business whether that be as an actor,
writer, director or producer. They fear: 1) opening themselves up to liability
if they pass on a project and later they develop a similar story --the writer
who first submitted material now claims that he has been ripped off and files
suit; and 2) wasting their time reading terrible scripts from people who
have not taken the time to learn their craft.
To avoid these hazards, executives will not accept unsolicited scripts.
If you call them and ask them to read your material many will say they can't
accept it unless it comes in from an entertainment attorney or an agent.
Of course, there is no law that requires that material be submitted by an
agent or attorney, and you can be sure that if Brad Pitt phones them they
will be delighted to receive material directly from him. In fact, they will
drive over to his place and pick it up.
On occasion an executive may be willing to make an exception and accept
material from someone he/she doesn't know. They may ask that person to sign
a submission release to make it more difficult (but not impossible) for that
person to successfully sue them. Or they may ask that the material come in
from an agent or attorney. The thinking is that if they are dealing with
a legitimate agency or entertainment law firm they are less likely to be
set up for a frivolous lawsuit. Also, if the person has an agent or attorney
they probably are not a novice, or a crazy person, so it is more likely that
reading their script won't be a total waste of time.
Of course, sometimes the executive just wants to get off the phone and get
rid of the caller. To candidly say they are not interested in accepting material
from this person would be impolite. That is not done in Hollywood, a town
where as they say "you can die of encouragement." So they claim
as an excuse that they can't receive material unless it comes in from an
agent or attorney. They are just trying to get rid of the caller. I personally
will not take on new clients if all they need is for
submissions to be made on their behalf. I don't want to hire myself out as
a submission service. I don't consider this legal work. Other attorneys may
feel differently.
The disadvantage in using an attorney rather than an agent, is that attorneys
generally charge for their time, often at $300-$400 or more per hour. Agents
work on a contingent fee basis so if no deal arises from a submission, the
writer does not have to pay the agent anything for the time spent making
submissions. Sometimes attorneys will work on a percentage basis, but usually
only for clients who are regularly employed and earning significant fees.
Agents are more appropriate to use for submitting material. The focus of
an agent's day is to find work for clients. They are basically employment
agents. They cover the town to find out what various producers and studios
are interested in, and then try to match their clients to those needs. The
focus of an attorney's day is negotiating deals, drafting agreements and
advising clients. While an attorney may occasionally assist a client in finding
work, or make a valuable introduction, that is not the primary
business of a lawyer.
—Mark Litwak (www.marklitwak.com).
Mark Litwak is a veteran entertainment attorney and producer’s rep
based in Beverly Hills, California. He is the author of six books, including
the recently published Risky Business, Financing and Distributing Independent
Film (Silman-James, 2004). He is the author of the CD-ROM program Movie Magic
Contracts, and the creator of the Entertainment Law Resources Web site: marklitwak.com.
He can be reached at law@marklitwak.com.
Disclaimer-Any
material sent to or provided by Mark Litwak is for illustrative and educational
purposes only and should not be relied upon as legal advice, or be considered
confidential or the basis of an attorney client relationship. This
material may not be suitable for your particular situation and different
legal advice may be appropriate depending on your jurisdiction or circumstances.
Therefore, you should not rely on this material, or any part of it, without
the advice of competent legal counsel.
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