I uploaded my test film to amazon studios but no script........now what?? am i safe?

C

colanderton

Member
I DID NOT UPLOAD MY SCRIPT TO AMAZON STUDIOS. I ONLY UPLOADED MY TEST MOVIE

i want to hear from you guys. i have uploaded a long test film on amazon studios and i want to know if i can still sell it on the internet/DVDs/and sell it to cable network. i still own those rights? i want to be able to still pitch my story concept and script to developers hopefully next year

am i "safe" since i didn't upload my script?? i can still pitch the script elsewhere and still use/sell my movie i posted up on amazonstudios right?
 
No. Read the contract. It talks about just submitting a movie directly and skipping the script stage. Here's what you agree to by submitting your movie:

An exclusive option to buy your movie (and its associated rights) during an 18 month option period, for $200,000, plus other possible bonuses. We can extend the option another 18 months by paying you $10,000.

The exclusive right to develop your movie during the option period (for instance by putting it up at Amazon Studios and allowing people to review it, to make scripts and new movies based on it and to revise it).

The right to show or distribute your movie (and scripts and movies based on it that are made during the option period), which is a right that goes on forever, except that we do not have the right to show or distribute it or scripts or movies based on it in theaters, on DVD or Blu-ray or via linear broadcast or cable TV or a la carte sales or rentals online. We also have the right to use clips from your movie and movies based on it in all media.

So for 18 months after you create a project at Amazon Studios by contributing an original movie, you cannot display, sell or license your movie elsewhere, or withdraw it for any reason. However, when the option period ends, if we haven’t exercised our option and purchased all rights in your movie, you get back rights to your movie (but we still have the right to distribute your original movie and scripts and movies based on it as described above). Rights in scripts and movies based on your movie stay with us.
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By giving Amazon an 18 month exclusive window you cannot do anything else with it.
 
thanks for replying.

So this means that i CANNOT put the movie for sale even on amazon.com or createspace (which is owned by amazon)????

Also does this mean that I cannot enter and display the film in filmfestivals for next year??

AFTER 18 months I get all the rights back to distribute/sell/pitch the film correct???
 
Can I even distribute my film on youtube and vimeo??? Or I still Cannot do that when I'm in the 18month option period? This sucks......now I'm kind of regretting posting the test film on amazonstudios.
 
You cannot put it up for sale or put it on other websites. The film festival thing I'm not sure about, their FAQ talks about film festivals being all right if the festival isn't online and doesn't infringe on the other rights you exclusively gave to Amazon(no DVDs of the festival). But I think it would depend a lot of what kind of festival it was, my read of the contract was that it might be hard to do a festival with a submitted film or script. The FAQ section was a bit more upbeat than the actual contract. After 18 months (assuming they don't buy the extension/and or whole thing) you get back the rights, but the copy of your movie will be on Amazon for anyone to watch for free, forever. Which pretty much makes the footage you submitted worthless. You really need to consult a lawyer though. A random idiot on a filmmaker forum is not exactly a good source of information, even if it's me. You might want to ask Amazon directly as well, since the truth is the contract is just the framework of your relationship, what really matters is what each side believes the agreement is and are willing to sue over.

My take is you need to either try hard to win the contest at Amazon (put up the script, put up behind the scenes stuff, promote it, go super-social active) or you need to put it away and go slient until the end of June 2012.
 
Msorrels

Ok now I understand. But I still own the SCRIPT / idea correct? I can still produce a real version of my film now even if the test film is up on the amazonstudios website? What if i want to change and expand my film's story? I can do that right? They have no jurisdiction of my film i posted up online. so they "own" my film now "forever". But i can still do what I want to MY film correct?

And the whole "forever" thing really sinks my heart. it sounds like i lost all 'rights' to my story/film. i hope that is not the case.....
 
Yes and no. You own the script/idea/movie, but you gave them 18 months to do whatever they want with it, during which you can't do anything with it. That's what an exclusive window is. You can't produce a real version of your film until their option is up. You can't sell your film, until their option is up. You can't put it up on YouTube or Vimeo, until their option is up. You can't sell DVDs of it, until their option is up. Any revisions of your film you make during the 18 month window, they own also. Any revisions anyone else makes they own (forever). You have given away almost all rights to your film for 18 months for a chance to win a contest and/or get picked up and developed or promoted. And to win that contest and/or get picked up you will need to do a whole lot of promoting. Only chance you have to win is to be very good and to promote and market it like mad.

If your film is high quality and well made with a decent budget and actors from an awesome script, then you have a problem. Submitting it was most likely a mistake. On the other hand if your movie is a ultra low budget film with no real commercial future, it doesn't really matter all that much anyway. Use the Amazon Studio film as a calling card, try and drum up interest and business for another script/another movie/another job. Be serious about trying to win at Amazon and use that as a springboard to something new. You may have lost this film/idea but the future is about new scripts, new films, new ideas.

If you think your film is very commercial and you can make money from it, you may want to see a lawyer, they may be able to see options that I can't.
 
so i am pretty much screwed huh?

i suppose the best thing i can do now is WAIT until the option is over??? which most likely will happen since it is NOT a high budget film. but the concept is high. which i am worrying right now.

after the options period end....everything will revert back to me. But the problem is that the film is still up on amazonstudio website forever. Good thing is the quality of the film isn't good on amazon's site.
So selling DVDs does have some incentives still. Better quality + extra features.

But I do have one more question. you mentioned anybody can ALTER and change my film?? How can anyone alter my film -- it's already been filmed. and IF they CAN change my film and the ideas......isn't that copyright infringement?? since i did not give THEM permission......i just gave amazon the permission right?

Another question is that i cannot join in on the contests amazon have because it is only around 60 minutes it is NOT 70 minutes. So i cannot get into the contests and win any cash. but amazon can STILL have a development deal with me and pay me that $200,000 correct? If they so choose. and also they can still pay me $10,000 if they want to extend another 18 months of option right??

Now i am really regretting that i did not fully read the terms of contract before i hit that upload button!!
 
I have another interesting and hypothetical question.

what if i were to post my film on youtube or on another website or even breaking my terms of contract in selling my film in a festival's DVD or even selling it to another venue/distributor DURING amazon's 18 month option period.

CAN amazon sue ME......the original creator of the film????
 
Yes Amazon can sue you for violating the agreement. They aren't likely to though, but they could. Of course they could sue you just because they felt like it too. What really matters is could they win, and in the case of you breaking the contract, I'd say they would have a good chance of winning. The question really becomes, is it worth it for them to sue you?
 
lesson learned......READ THE FINE PRINT!!!

After reading on the full contract on amazonstudios. I think the best thing for me to do is wait until the 18 months is up. And hope that they buy me out within the 18 months. like Msorrels said, promoting my film and making hype for it should make amazon consider in buying me out right??

My goal is to redo the film and make it better, better script, bigger budget, better shots etc. but even if i do that during the options period......there is no way amazon will find out. nor will they care.......i think.
 
colanderton said:
...But I do have one more question. you mentioned anybody can ALTER and change my film?? How can anyone alter my film -- it's already been filmed. and IF they CAN change my film and the ideas......isn't that copyright infringement?? since i did not give THEM permission......i just gave amazon the permission right?
...!!
Click to expand...

Using your ideas, or altering them, is NOT copyright infringment. Ideas are not copyrightable, only the explicit physical expression of those ideas. Copying your shots and dialog verbatim might be infringing but shooting new scenes and writing new dialogs that illustrate the same ideas or concepts is fair game.
 
"....and allowing people to review it, to make scripts and new movies based on it and to revise it...
.....Rights in scripts and movies based on your movie stay with us."


hehe, basically , it is a scam to get new ideas (they probably don't care about your movie, they just need new story lines or story ideas for free.
They are not stealing anything since ou must be stupid enough to GIVE them the materials.

"i still own those rights?"
you should have read the fineprint before uploading ...
 
Also, you are not qualified to win the prize money for the test film. Your test film has to be made from a screenplay that is on the website. If you just uploaded your test film without the screenplay then you are not qualified.

And if you are really worried about your test film being on the site, you can politely ask them to remove it from the site(Other's have been succesful in asking them to remove their screenplay) but here's the catch, just removing the screenplay or in your case test film, does not put you in the clear of the original agreement you agreed to once you clicked that submit button. Good luck.
 
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