From The Writer's Chair Just looking for a translation

[Pamela Jo]

I'm always interested in legalese as a language. So I was looking for a translation. It seems that it would be enough to simply say shortlisted manuscripts are optioned as well as the winner-they just dont receive the 7k advance and publishing contract. Instead we get two paragraphs of legalese. No I dont think it's sinister ,but legalese is never for nought. I'm forever curious as to what is being plugged, forestalled, pinned down or made redundant. You always learn more about operations from reading the fine print.

" Lime shall have the exclusive right to consider all shortlisted entries (including for the avoidance of doubt the winning submissions) for film/TV development for an initial period of 45 days from the winners’ announcement and offers for film/TV development shall be made in writing to the relevant entrants during this initial period. Lime shall then be entitled to a further 60 days’ exclusivity over film/TV development for such entries following notification of any offer to negotiate the terms of a development contract, which shall be in line with industry standard terms for new/unpublished IP. If Lime is unable to agree terms for a development contract with the entrant within the 60 day negotiating period, the entrant and/or their literary agent shall be entitled to submit the manuscript to a third party (i.e. another production company or a broadcaster) for film/TV development on no less favourable terms to those offered by Lime during the negotiation period.

10. Entrants retain all rights to their entries, except in the case of the entrants to whom publishing and/or film/TV development contracts will be offered (as referred to in Clauses 7, 8 and 9 above). The winners will retain the copyright to the works and shall exclusively license worldwide: (i) publishing rights of the entry to Chicken House Publishing Limited on completion of the publishing contract(s); and (ii) film/TV rights to Lime Pictures Limited pursuant to the terms of the film/TV development contract(s), if any. "

 

[CageSage]

If we're interested, we'll write to you within 45 days of the winner announcement. We want exclusive rights to consider the [work] for 60 days before the author/agent takes the [work] to other parties - who can't offer less than we do!
The winner/s must give us exclusive licence worldwide.

Does that sound about right?

 

[Pamela Jo]

If we're interested, we'll write to you within 45 days of the winner announcement. We want exclusive rights to consider the [work] for 60 days before the author/agent takes the [work] to other parties - who can't offer less than we do!
The winner/s must give us exclusive licence worldwide.

Does that sound about right?

Excellent. New questions.

Why 45 days and 60? Are those amount of days chosen arbitrarily because the wheels of some producers grind more slowly than others? I know they are standard in contracts-but why are they standard? Do TV powers that be decide more quickly than film for example?

Can it be inferred that this clause is just in case of a blue moon, or does it imply there will there be an actual trawl of manuscripts?

I gather an implicit benevolence towards authors in your translation. Is it there?

I love the provision for the worst case scenario that everything is shite. Classic legalese.

 

[CageSage]

Excellent. New questions.

Why 45 days and 60? Are those amount of days chosen arbitrarily because the wheels of some producers grind more slowly than others? I know they are standard in contracts-but why are they standard? Do TV powers that be decide more quickly than film for example?

Can it be inferred that this clause is just in case of a blue moon, or does it imply there will there be an actual trawl of manuscripts?

I gather an implicit benevolence towards authors in your translation. Is it there?

I love the provision for the worst case scenario that everything is shite. Classic legalese.

45 and 60 days - in the case where a story might be good enough, the risk needs to be shared and that means a committee vote on whether they take it on or not. The 45 days is the first round, 60 days is the second (after they've made an offer to 'consider' making an offer) - and they may change their mind when they see others could be interested.
There won't be a 'trawl' of all the mss submitted, only the long or short list, usually only the short list.
There is no benevolence toward authors - only to the potential cash-pull of their product.

 

[Peyton Stafford]

I think this is part of what agents do. They assure the legals do not screw us over.

 

[Pamela Jo]

I think this is part of what agents do. They assure the legals do not screw us over.

I do think there are publishers who see writers as a resources that must be fed and watered not just raped. They are few and far between now-but I think there are remnants of the old world where ideas and their creators have value. Agents often begin as actors and I think that is where their love of story comes from. An actors job is to make a character come alive-they are writing in a sense

What writers need to realise I think is that agents only power is finding something to sell. If they dont they dont eat. In that sense it reminds me of what "a picker" does. Someone who looks thru old junk for a bit of treasure to take to an antique dealer.

 

[Pamela Jo]

I did

45 and 60 days - in the case where a story might be good enough, the risk needs to be shared and that means a committee vote on whether they take it on or not. The 45 days is the first round, 60 days is the second (after they've made an offer to 'consider' making an offer) - and they may change their mind when they see others could be interested.
There won't be a 'trawl' of all the mss submitted, only the long or short list, usually only the short list.
There is no benevolence toward authors - only to the potential cash-pull of their product.

I did not wonder about a trawl of all manuscripts, simply whether the shortlisted might get a real reading.

This is from the children's publisher that produced Harry Potter and other children's books. There is a more benevolent note here than in contests from other publishers like Simon and Schuster. Since many of these contests are obviously value added money makers there is always the same Q as when you submit to an agent or publisher. How much actual consideration do you get. I'm seeing a real divide between those who actually value writers and those who see no future in them.

 

[CageSage]

I did

I did not wonder about a trawl of all manuscripts, simply whether the shortlisted might get a real reading.

This is from the children's publisher that produced Harry Potter and other children's books. There is a more benevolent note here than in contests from other publishers like Simon and Schuster. Since many of these contests are obviously value added money makers there is always the same Q as when you submit to an agent or publisher. How much actual consideration do you get. I'm seeing a real divide between those who actually value writers and those who see no future in them.

There is always a pre-reading person/group who do the initial assessments - if the story doesn't make it past them to the main committee/judges, it doesn't get a look-in.
Even with HP, the committee called in an 'expert' to make the final decision on what to publish and promote that year. He recommended HP (he outlined the reasons), and then they ran with it and spent millions on PR. Voila! HP is an overnight success.