The pocket lawyer for filmmakers : a legal toolkit for independent producers / Thomas A. Crowell.
2011
KF4298 .C76 2011 (Map It)
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Details
Author
Title
The pocket lawyer for filmmakers : a legal toolkit for independent producers / Thomas A. Crowell.
Published
Burlington, MA : Focal Press, 2011.
Call Number
KF4298 .C76 2011
Edition
Second edition.
ISBN
9780240813189 (pbk.)
0240813189 (pbk.)
0240813189 (pbk.)
Description
xx, 449 pages : illustrations ; 23 cm
System Control No.
(OCoLC)682902730
Bibliography, etc. Note
Includes bibliographical references (pages [419]-422) and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Disclaimer
xiii
Dedication
xv
Acknowledgments
xvii
About the Author
xix
Part I. Overview Of The Pocket Lawyer
Introduction
3
The Audience for This Book
3
Why This Is Not a Contract Form Book
4
How to Use This Book
4
Legal Issues
6
Structure of the Book
6
E-Z Tabs
9
Filmmaker FAQs
9
Key Issues at a Glance
13
Part II. Legal Building Blocks: Contract And Intellectual Property
1.
Copyright And Intellectual Property
23
What Is a Copyright?
23
Exclusive Rights Under Copyright
24
The Film Property
24
2.
Issues In Film Contracting
27
Deal Points
27
Who Are the Parties?
28
What Are You Getting?
28
What Are You Giving in Exchange for What You're Getting?
29
What Rights Do You Have or Are You Giving Up?
29
What Promises, Representations, and Warranties Are Being Made?
30
What Protections Do You Have?
30
What Rules Govern the Business Relationship Between the Parties?
31
What Happens When Something Goes Wrong?
31
Part III. The Production Company And Financing Your Movie
Filmmaking Is a Business
34
3.
Setting Up The Production Company
35
Business Concepts
35
'Types of Business Entities
37
Loan-Out Companies
42
4.
Your Professional Team
43
Attorneys
43
Accountants
47
Insurance
49
5.
Financing Your Movie
53
Pay for the Film Out of Pocket
54
Debt
54
Equity
55
Investors and Securities Laws
56
Step by Step: Securities Compliance
60
6.
Film Tax Credits And Other Production Incentives
63
Production Incentives Defined
63
Eligibility Requirements
64
Types of Production Tax Credits
66
Applying for State Tax Credits: An Overview of the Process
67
Credits into Cash
69
Working with Asset-Backed Lenders
70
Tips for Selecting a Good Tax Credit State
72
Part IV. Development
Creating, Acquiring, and Managing the Film Property
76
7.
Idea Rights: Protecting Your Pitches And Avoiding Idea "Theft"
77
Nondisclosure Agreements and Submission Releases
77
Goals and Deals
80
Deal Points: Submission Release
80
Deal Points: The Nondisclosure Agreement (NDA)
81
Law: Protecting Ideas and the "Novelty" Requirement
82
Business Issues: Finances and Costs
84
Negotiation Tips and Tricks
84
8.
Creating A Screenplay
87
Writing the Screenplay by Yourself (Sole Authorship)
87
Writing Collaboration (Writing Partners and Joint Authorship)
90
Deal Points
92
Step by Step: Writing Collaboration
96
The Writers Guild of America (WGA)
97
9.
Acquiring Screenplay Rights
101
Buying Rights
101
The Screenplay Option/Purchase
102
Major Deal Points: The Option Agreement
103
Major Deal Points: The Purchase Agreement
105
Hiring a Screenwriter
111
Goals and Deals
111
Major Deal Points: Writer's Services Agreement
112
Screenplay Adaptations
117
Goals and Deals
117
Major Deal Points: The Literary Property Acquisition Agreement
117
Life Story Rights
124
Major Deal Points: Life Rights Consent and Release
127
10.
Chain Of Title: the Care And Feeding Of Your Copyright
131
What Is a Chain of Title?
131
Copyright Searches and Permissions
132
Copyright Registration
136
The Copyright Notice
139
Copyright Recordation, Assignments, and Transfers
139
Certificate of Authorship
142
Part V. Pre-Production
Production Services Agreements
146
Product Placement
146
Hiring Cast and Crew
146
11.
The Production Services Agreement
149
Getting a Network Interested in Your Project
149
Major Deal Points: The Production Services Agreement
150
Practice Tips
155
12.
Product Placement
157
Product Placement Agreement
157
Legislative Restrictions on Product Placement and Endorsements
161
Contractual Restrictions on Product Placement and Endorsements
162
Tips
162
13.
Hiring Cast And Crew
165
Federal and State Labor and Employment Laws: An Overview
165
Don't Discriminate
165
Independent Contractor or Employee?
165
Working with Minors
166
Unions
167
Services Agreements
167
Checklist: Elements of a Services Agreement
168
14.
The Producer's Services Agreement
171
Goals and Deals
172
Major Deal Points: Producer's Services Agreement
172
Law
180
Business Issues
180
Step by Step: Hiring a Producer
181
15.
The Director's Services Agreement
183
Goals and Deals
183
Major Deal Points: Director's Services Agreement
184
Law
193
Business Issues
193
Step by Step: Hiring a Director
193
16.
Crew Services Agreement
195
Goals and Deals
196
Major Deal Points: Crew's Services Agreement
196
Crew Member Gear
198
Law
201
Business Issues
201
17.
Performers
203
Letters of Intent
203
The Screen Actors Guild (SAG)
205
The Performer's Services Agreement
212
Major Deal Points: Performer's Services Agreement
213
Law
219
Business Issues
220
How to Get a Script to a SAG Actor
222
Step by Step: Hiring Actors
225
Part VI. Production
Quiet on the Set!
228
18.
Extras And Depiction Releases
229
Depiction Releases
229
Caution: No Fraud or Misrepresentations Allowed!
233
19.
Locations
235
Where Are You Shooting?
235
Why You Need a Location Release
235
Getting Permission to Use a Location
237
The Location Agreement
238
Major Deal Points: Location Agreement
239
Tips
241
20.
What's On The Set?
243
On-Set IP Infringement
243
Copyrights on the Set
245
Major Deal Points: Artwork License
248
Representations and Warranties: Authorized Person
248
Trademarks on the Set
250
E&O and Other Contractual Obligations
256
Part VII. Post-Production
It's in the Can
260
21.
Post-Production Staff
261
Hiring Post-Production Artists and Technicians Directly
261
Artists and Technicians Provided by Post-Production Facilities
261
22.
Music
263
Music Licensing
263
Goals and Deals
267
Major Deal Points: Music Licensing Agreement
267
Step by Step: Prerecorded Music Licensing
270
Stock and Royalty-Free Music
270
Commissioned Music
271
Major Deal Points: Composer's Services Agreement
272
Inducement (If Dealing with a Loan-Out Company)
277
Law
277
23.
Film Clips And Stock Footage
279
Stock Footage Companies
280
Movie Studio Footage
280
Major Deal Points: The Film Clip License Agreement
281
The National Archives
283
Step by Step: Film Clips
283
24.
Credits And Copyright Notice
285
Copyright Notice and Disclaimer
285
Part VIII. Distribution
Selling Your Film
288
25.
Traditional Distribution
289
What Distributors Do
289
Types of Traditional Distribution Deals
290
The Money Pipeline
291
How Does the Money Get from a Movie Theater to the Producer?
292
Distribution Rights Acquisition Agreement (Distributor's Fee Deal)
295
Major Deal Points: Distribution Agreement
295
Law: Copyright Issues
303
Business Issues: Distributor's Expenses
304
Tips for Attracting a Distributor
305
26.
DIY Distribution
307
Your DIY Plan
308
DIY Theatrical Distribution
309
The Four-Wall Agreement
311
DIY DVD Distribution
314
DIY Online Distribution
317
The Content Aggregator Deal
318
YouTube
320
Part IX. Conclusion
Law Library Appendices A-E
325
The Law Library
326
Appendix A
A Filmmaker's Guide To Intellectual Property Law
327
Copyright Law
328
Right of Publicity
354
Violation of Privacy Rights
356
Libel and Defamation
359
Moral Rights
366
Appendix B
A Filmmaker's Guide To Contract Law
367
Contract Law: An Overview
367
Appendix C
The Clause Companion
375
Appendix D
A Filmmaker's Guide To Labor And Employment Law
393
Employee or Independent Contractor?
393
Employee Responsibilities
399
Child Labor Laws: California And New York
400
Appendix E
State Film Commission Offices
407
Bibliography And Resources
419
Notes
423
Index
433