Dragonlords of Dumnonia
Scriptorium
Release Form
(Revised 4/10/98)
From time to time you may wish to submit your work to somewhere that
requires you to supply a release form. The standard wisdom on this
topic is don't do it. Still, great gains can sometimes be
obtained by ignoring standard wisdom. So if you have your heart set
on submitting your work to somewhere that insists that a signed release
form must accompany your submission, here's a sample that I've developed
from a variety of sources over the years that seems to work well with
the presses and production companies that I've sent it to. Download
this copy, clean it up, and plug in the information that fits your
material. (Remember to adjust the grammar if you are sending multiple items!)
SUBMISSION RELEASE AGREEMENT
[TITLE]
[DATE]
[COMPANY/PUBLISHER]
[COMPANY'S ADDRESS]
Gentlemen:
I am submitting to you herewith a [TYPE OF WORK]: [TITLE]
(the "Material"). The enclosed [TYPE OF WORK] is hereby incorporated
by reference as if set forth fully herein. I agree and understand
that:
- Because of your position in the [entertainment industry/publishing world]:
- you receive many ideas, formats, stories, suggestions, and
other materials which you do not solicit or otherwise request;
- you generally do not accept, consider, or review unsolicited
material unless the person submitting the material has signed
this Agreement;
- you would not accept, consider, or review the Material if I
did not sign this Agreement; and
- no confidential relationship is established by submitting the
Material to you.
- I may submit the Material or similar material to persons other
than you. I have kept at least one copy (or a duplicate) of all the
Material submitted to you. I hereby release you of and from any and
all liability for loss of, or damage to, the copies of said material
submitted to you hereunder.
- You will review the Material within a reasonable time after you
receive a copy of this Agreement, which I have signed. You agree that
if you decide you wish to use any legally protectable portion of said
Material, then you and I may negotiate in good faith to reach a
written agreement allowing your use of the Material and any
compensation or payment to me.
- You agree that if you cause to be used any legally protectable
portion of said Material, provided it has not been obtained from, or
independently created by, another source, you will pay or cause me to
be paid an amount which is comparable to the compensation normally
paid for similar material or an amount equal to the fair market value
thereof as of the date of this agreement, whichever is greater.
- I warrant that I am the sole owner and author of said material,
that I have the exclusive right and authority to submit the same to
you upon the terms and conditions stated herein, and that all of the
elements of said Material are summarized herein. I will fully
reimburse you if you incur any losses, damages, or expenses
(including lawyer's fees) because of any or all of the statements
made herein are not true, or as a result of your good faith possession
or use of this Material.
- I am not waiving, and this Agreement will not limit my copyright
of the Material. I understand that you may use in any fashion:
- any matter which is developed by you or your employees or
which is otherwise made available to you and which contains
elements or aspects which are similar to protectable literary
property contained in the Material, and/or
- any elements or aspects of or matter contained in the
Material which is not original with me, new, unique, concrete,
and novel and/or which is in the public domain.
I will not sue you or bring any action or proceeding against you if you use any
such matter, nor for your failure to compensate me for your use
of the Material if you have not agreed in writing to do so, and
you are entitled to an injunction or other equitable remedy if
such a suit, action, or proceeding is brought.
- You have no obligations to me (including any obligation to
compensate or make payments to me, unless you expressly agree to do
so), except for those stated in this Agreement.
- If either you or I transfer, assign, or license any rights under
this Agreement, the person making the transfer, assignment, or license
will still be responsible for performing his/her/its obligations
under this Agreement.
- I hereby state that I have read and understand this Agreement and
that no oral representations of any kind have been made to me, and
that this agreement states our entire understanding with reference to
the subject matter hereof. Any modification or waiver of any of the
provisions of this Agreement must be in writing and signed by both of
us.
- Should any provision or part of any provision be void or
unenforceable, such provision or part thereof shall be deemed omitted
and this agreement with such provision or part thereof omitted shall
remain in full force and effect. This Agreement shall not be
construed to carry any purpose but those specifically included herein.
| Sincerely, |
AGREED TO AND ACCEPTED BY: |
| |
|
| |
|
| [Signature] |
By: |
| [TYPE YOUR NAME] |
|
| [YOUR ADDRESS] |
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