I have been approached by a production company interested in my script based on my published novel. They are requesting that I sign an NDA so that I can send them the script. In addition, they have indicated that an option agreement will be sent to me this afternoon. My question is, do I need to sign an NDA versus a standard release form granting them access to my script? I can understand the need for an NDA regarding the option agreement. Please post your thoughts on the matter.
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Mine is nope, nope, nope. If they are legit, they will keep everything above board. An NDA is imposed for only one reason - to intimidate and control. Just one man's opinion ;-)
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Congrats!
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I agree with Matthew Kelcourse 100%. In fact, I'd go a step further and ask them to sign your NDA (not otherway around) before you send them a screenplay.
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Grifters always use urgency to hustle victims. Always. If this company is suggesting they wont send the option agreement today unless you sign NDA same day, I would pass.
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Walk the other way! Why the heck is a company asking you to sign an NDA when you're the one with the script? They should be providing you a submission release form that you sign, and it allows them to read the script for consideration. Should they wish to enter into an option agreement it would follow after they've had time to read, review your script. In your case they ask for an NDA, and before you send the script they say an option agreement will be sent (this is what it feels like based on your post). Nope. Walk away.
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Actually we were initially talking about the film rights to my novel but then I informed them that I already have a script on file with WGA-E. I just sent them my previously used standard release form for review and will wait their response.
You're right, Lindbergh E Hollingsworth. I got the NDA and submission release form mixed up.
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Submission release form? Maybe.
NDA? Nope.
I question the legitimacy of this production company.
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Maurice, no problem. You read X number of posts a day and all the comments, something's bound to get crossed!
Yeah, you're right, Lindbergh E Hollingsworth. Thanks.
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As Stephen Folker alluded to above, it's your script, if anyone would be sending out an NDA, it's you. What are they afraid you'll disclose? You haven't even seen an offer yet.
I hope it's not the fake Tim O. Johnson account that was created here last week.
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I agree with a lot of the comments here. An NDA is focused on not disclosing confidential information and should always be mutual. If they are bound to not disclose your information - like your script - and all you are agreeing to is to not disclose any of their confidential information as a production company - whatever that may be - I don't see any harm in it. Production company standard practices are generally not confidential or enforceable. It is safer for you than a standard release form which gives them the right to claim other identical work as their own. But I haven't seen this move too many times so you may want to ask a lawyer - even if just as a fiendly - to give it a look to make sure there is no weird hidden language.