Screenwriters: The Truth About Unsolicited Material

Unsolicited Material – Don't Do It



You're watching a movie or a TV show and suddenly get a great idea for a plot line. Maybe the lead character should hook up with that mysterious blonde. Maybe the team should fight government corruption.



Whatever it is, you think “Hey, wouldn't it be cool if I sent my idea to the producers? Maybe they'll use it and I can get a job as a writer.”

So you type up a script/idea/your brilliant insight with a nice note inside. You get the mailing address, put the materials in an envelope and get ready to set out for the local post office or nearest mailbox.



Hold everything!!! You're about to send something that is a total waste of time & just happens to be a huge pet peeve among entertainment professionals (especially for the in-house legal department): unsolicited material.



What is Unsolicited Material?



Unsolicited material is the idea/script/logline, anything you send to someone that they didn't ask you to send. Most companies (including One Way or Another Productions LLC) have a clearly stated policy that says “we do not accept unsolicited material.”



Unsolicited material can also be sent in other ways such as sending an e-mail link to your fan fiction site or sending a new networking contact from a company your materials when the person never asked to see it or consented in some way to getting it such as belonging to the same writer's group as you.



Why is Sending Unsolicited Material a Bad Thing?



I could write a tome on this topic but sending unsolicited material is a bad thing to do for both legal and professional reasons. I will get to the legal reasons shortly but for now, let's talk about the professional reasons.



First off, professionals are EXTREMELY busy. They get bombarded constantly with requests for things. If you do not work in the entertainment business, let me ask you how you feel about people asking you for free work or giving special favors like plumbing services, legal services, medical services, computer help, etc. Those of you who are constantly asked for such things should know where I'm going with this. Producers, directors, executives, etc. don't appreciate it any more than you appreciate being asked to fix the neighbor's computer for the fifth time this month for free.



Second, when you send unsolicited material against a policy stating that it will not be accepted, you have just proven that you can't or won't follow directions. What that says to us or another company is either “I'm illiterate, so whatever I've written will stink to high heaven,” or “I'm superior to your rules and I don't have to listen to you.” Not the sort of person ANY professional company wants to work with.



Third, you are engaging in a form of extortion and entrapment. Smart companies know this and will never read anything sent by an unsolicited party for fear of being sued for even having had access to an idea even remotely similar to what was sent. People have filed such lawsuits over time with mixed results.



Because of these types of lawsuits, all people sending unsolicited material are seen as nefarious opportunists looking for a big payday. After all, the company has no way of knowing if you are a kindhearted (though misguided) person or someone trying to set them up for a future lawsuit. Guess what a company thinks of nefarious opportunists? Suing a company is another great way to get yourself permanently blacklisted.



The Legal Ramifications



When you write fan fiction or use someone else's characters for an idea, you are creating what is known in U.S. Copyright law as a “derivative work.” This means exactly what it says: your work is derivative of someone else's. The owner of a derivative work is the person/firm who owns the copyright.



Guess what? It's not you, author of the fan fiction. That would be the person or company who owns the show/movie/what have you. All you are doing is writing scripts/contributing ideas for the people who should be doing it to start with. Stop stealing work from the writers & development teams! Make them earn their paychecks.



I really find fan fiction a waste of time and from a legal standpoint, it is. If you want to write, how about coming up with your own ideas and creating your own characters? That way, YOU own the copyright and if you've registered your work with the U.S. Copyright Office, you could have a case for copyright infringement if someone steals your idea. You have no case at all if a show's producers turn your fan fiction into a script on the show. They will owe you nothing & if you try to sue to get anything, you will lose. Read up on the law concerning derivative works.



Conclusion



“But how do I get noticed in the business?” you may ask. “How do I get my materials to people?” Do what people have been doing in this business since the dawn of time: network. Get to know people. Make yourself distinct. Be respectful of people's time and have the confidence to say “Here I am & this is what I do. If you like it, great. If you don't, that's your prerogative.”



Then, back off. Let them come to you. If they don't, don't sweat it. Keep looking for other opportunities. The industry is partly a waiting game and if you want to work with the elites, you're going to have to prove yourself worthy of the task.



Just like anything else in life, the entertainment industry requires hard work and has protocols.



- Monica



Contact Monica for legal advice/representation at Monica@1wayoranother.net



Follow Monica's personal blog HERE.

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(Monica C. Trombley is the in-house counsel/production exec at One Way or Another Productions. She is a licensed attorney in both NY and CT.)