Dealmaking in the Film & Television Industry: From Negotiations to Final Contracts

by Mark Litwak

Overview

Dealmaking-the popular, award-winning "self-defense" book for everyone working in the film and television industry-is now updated to include the latest legal rulings and entertainment technology developments. Addressing a general, non-attorney readership, it is a fascinating, highly accessible guide to current entertainment law's peculiarities, "creative" practices, and practical applications. Armed with Dealmaking, filmmakers can save themselves thousands of dollars in legal fees as they navigate the shark-infested waters of the entertainment business. Whether you're a producer, writer, director, or actor, Mark Litwak will help you make the most of your business dealings while steering you clear of the many contractual traps that may await you.

Product Details

ISBN-13:	9781935247166
Publisher:	Silman-James Press
Publication date:	01/28/2017
Edition description:	Revised
Pages:	590
Sales rank:	691,189
Product dimensions:	7.00(w) x 9.90(h) x 1.20(d)

Table of Contents

Disclaimer vii

Acknowledgments ix

List of Contracts Case Summaries

Preface to the Fourth Edition xvii

1 Introduction 1

The American Film Industry 1

The Movie Industry Then and Now 2

The End of the Studio System 4

A Unique Product 5

Coping With Risk 7

Managing a Creative Enterprise 8

2 Dealmaking 11

Disincentives to Good Filmmaking 12

Types of Contracts 16

Contract Law as a Remedy for Story Theft 17

Types of Deals 22

3 Permission to Portray People and Places 35

Depiction and Location Releases 35

Location Release 50

4 Clearance of Rights 57

Copyright Search 57

Errors and Omissions Insurance 59

Protection of Titles 63

Identifiable Products, Locations, and Persons 66

Film Clips 66

5 Literary Acquisition Agreements 73

Shopping 104

6 Employment Contracts 113

Loan-Out Companies 113

Independent Contractors Versus Employees 114

Writers 115

WGA Credit Arbitration 145

Directors 146

Actors 161

Producers 178

Crew and Other Employment 189

7 Advice for Writers, Directors, and Actors 199

Writers 199

How Writers Are Exploited 201

Rights of Writers Guild Members 211

Summary of WGA Basic Agreement 211

Features 216

Television 217

Collaborating with Others 220

Directors 224

Rights of Directors Guild Members 225

Creative Decisions 225

Disclosure 226

Deal Memo 226

Hiring Crew 226

Casting Sessions 226

Facilities 227

Stunts 227

Dailies 227

Post-Production 227

Director's Cut 228

Protection Against False Story-Theft Claims 228

Obscenity 233

Actors 234

Admission to SAG-AFTRA 234

Guilds and Unions 238

Notable SAG-AFTRA Rules 239

Rights of SAG-AFTRA Members 240

8 MUSIC 243

Soundtracks 243

Nature of Music Rights Needed 247

Distribution of the Soundtrack Album 251

9 Distribution 265

The Difference Between Markets and Festivals 267

International Distribution 268

Borrowing Against Pro-Sales 269

Domestic Distribution 272

Service Deals 276

Four Wall Releases 277

New Media Distribution 278

Orchestrating the Distribution Deal 278

Self-Defense Tips for Filmmakers 282

Chain of Title 285

Home Video Distribution 288

10 Negotiating Tactics and Strategies 343

Techniques to Induce a Studio to Make a Deal 346

11 Creative Accounting 351

Art Buchwald v. Paramount 351

Distributor Obligations 356

Creative Accounting- Tricks of the Trade 359

12 Copyright 367

Protecting Your Copyright and Title 368

Copyright Basics 368

Criteria for Copyright Protection 371

The Four Criteria 373

Copyright Notice 377

The Rights of the Copyright Holder 378

Limits on Copyright 379

Ownership of Copyright 385

Duration of Copyright 387

Difference Between 1909 and 1976 Copyright Acts 388

Copyright Registration and Deposit 388

Advantages of Registration 389

Preregistration 394

Registration After Berne 394

Requirement of Registration upon Publication 394

Transfers of Copyright Interests 395

Artist's Moral Rights 402

Writers Guild of America Registration 404

13 The First Amendment and the Right of Publicity 407

14 Defamation of Persons Depicted in Literary Works 417

Constitutional Limitations 417

Types of Defamation 418

Publication 419

Defenses and Privileges 419

Public Figures and Public Officials 421

15 The Right of Privacy 431

Intrusion into One's Private Affairs 432

Public Disclosure of Embarrassing Private Facts 432

Appropriation 434

False Light 434

16 Trademarks and Unfair Competition 441

Trademarks 441

Creation of Trademark Rights 443

The Federal Registration Process 443

Benefits of Registration 443

Grounds for Refusing Federal Registration 444

Maintenance of the Mark 444

Madrid Protocol 445

Unfair Competition 445

17 Remedies 457

Guild Remedies 458

Arbitration 459

Commencing AAA Arbitration 464

Selecting an Arbitrator 465

The Arbitration Hearing 465

Alter the Award 466

IFTA Arbitration 466

Commencing IFTA Arbitration 468

IFTA Pre-Arbitration Settlement Procedure 468

Arbitrator Fees 470

Litigation 470

Jurisdiction 471

18 Retaining Attorneys, Agents, and Managers 475

Attorneys 475

Agents 480

Personal Managers 508

19 Glossary of Terms 517

20 Appendix 551

Rooks and Publications 551

Bookstores 556

Libraries 557

Guilds, Associations, and Unions 557

Protecting Titles 558

Filmmaker Organizations 558

Education 559

21 Index 561

About the Author 580

Contracts on Computer Disk 582