Release form?

geminirising

Super Member
Registered
Joined
May 3, 2012
Messages
272
Reaction score
36
I'm attending a writing workshop this weekend led by an editor at Disney-Hyperion, and the session includes first page critiques. Attendees must sign a release form to participate. Is this typical?

The following points in the form make me a little nervous:

4. I will not assert against you, and release all the aforementioned from, any claim based on plagiarism, infringement, confidential relationship, implied contract, unfair competition or any other claim arising out of any alleged use by you of the Project.

5. If, notwithstanding my release and covenant not to sue contained in this agreement, I should later claim that you have used the Project, or any portion thereof, without my consent or authorization, I specifically agree and understand that I will suffer no damages in excess of One Thousand Dollars ($1,000) and that such damages up to said limit shall be my sole remedy and shall be payable only in the event a court of competent jurisdiction shall find that you have wrongfully appropriated the Project from me.


I take it on good faith that professional editors are not out to steal ideas, so it's disturbing to me that this form defines the consequences of potential plagiarism in advance ("if we plagiarize your work, this is how much we'll pay you")! Am I overreacting?
 

Jamesaritchie

Super Member
Registered
Joined
Feb 13, 2005
Messages
27,863
Reaction score
2,311
It's standard. Unfortunately, there are enough idiots out there that such forms are needed because of ridiculous, but potentially expensive, claims against them.
 

LindsayM

Super Member
Registered
Joined
Jan 13, 2009
Messages
263
Reaction score
15
I can definitely understand why that wording would make you nervous! If this was coming from a less reputable company, I might be concerned, but Disney-Hyperion isn't going to steal your work.

Those clauses are there to protect the company from crazy authors who pitch something then see something similar (there are only so many ideas in the world!) and cry plagiarism when really it's nothing of the sort. When I worked at a literary agency we once had an author claim we'd stolen his idea when another client published a book that happened to also involve dogs. The stories had nothing in common except dogs, but the first author was SURE that we were ripping him off. This is just the lawyers being extra careful to guard against crazy. I really wouldn't worry about it.
 

thothguard51

A Gentleman of a refined age...
Super Member
Registered
Joined
Oct 16, 2009
Messages
9,316
Reaction score
1,064
Age
72
Location
Out side the beltway...
From my understanding, this is pretty typical at such events. The publishers and editors have to protect themselves from false accusations...
 

geminirising

Super Member
Registered
Joined
May 3, 2012
Messages
272
Reaction score
36
Thanks so much for weighing in, LindsayM and Thothguard51. I totally understand the publisher's desire to protect itself . . . it just seemed strange to me that they would include the clause about the ceiling of payment for plagiarism.