|
Dealmaking for the Film and Television Industry (3rd Edition)
Dealmaking is the first "self-defense" book for everyone working in the film and television industry. Addressing a general, non-attorney readership, it is a fascinating, highly accessible guide to current entertainment law's peculiarities, "creative" practices, and practical applications.
"There are bushels of legal details in this business that can drive the creative mind around the bend. Now there is a cure, Mark Litwak's Dealmaking In The Film & Television Industry is packed with checklists, contract formats, definitions, sample litigation, and advice on avoiding the pitfalls, and it's in plain, understandable American English! Hallelujah! Whether you are new to the business or have been through the mill, you will find this book thorough, concise and a lot better than two aspirin and a week in the country".
- Sara Duvall, Chair, Electric Shadow Productions; Executive Producer, Fried Green Tomatoes
"An indispensable guide for the Independent Filmmaker. Will save readers thousands of dollars in legal fees and help novices avoid pitfalls and become savvy dealmakers."
- Dov S-S Simens, President, Hollywood Film Institute
"The best overall guide to dealmaking I've seen. Solid information from a knowledgeable source."
- Gary Salt, Agent, President of Paul Kohner, Inc.
CONTRACTS
- Depiction Release, Reversion
- Depiction Release, Option
- Depiction Release, Documentary Short-Form
- Location Agreement
- Photo Release
- Option & Literary Purchase Agreement
- Writer Employment Agreement
- Director Employment Agreement
- Actor Employment Agreement, SAG Weekly Theatrical
- Actor Employment Agreement, Low-Budget, Non-Union
- Extra Agreement with Extra Release
- Line Producer Employment Agreement
- Collaboration Agreement
- Submission Release
- TV Music Rights License
- Composer Agreement, Low-Budget Feature
- Acquisition/Distribution Agreement
- Attorney-Client Fee Contract
- SAG Motion Picture/Television Agency Contract
- Management Agreement
CASE SUMMARIES
- Desny v. Wilder
- Blaustein v. Burton
- Midler v. Ford Motor Company
- Warner Bros. v. Columbia Broadcasting
- Rossner v. CBS, Inc.
- Rogers v. Grimaldi
- Yadkoe v. Fields
- Estate of Hemingway v. Random House
- Sheldon v. Metro-Goldwyn Pictures Corp.
- Musto v. Meyer
- Warner Bros. v. ABC
- King v. Mister Maestro, Inc.
- Gross v. Seligman
- Gilliam v. ABC
- Hicks v. Casablanca Records
- Zacchini v. Scripps-Howard Broadcasting Co.
- Motschenbacher v. R.J. Reynolds Tobacco Co.
- Youssoupoff v. MGM
- New York Times Co. v. Sullivan
- Gertz v. Robert Welch, Inc.
- Street v. NBC
- Melvin v. Reid
- Bernstein v. NBC
- Gill v. Hearst Publishing
- Spahn v. Julian Messner, Inc.
- Leopold v. Levin
- Allen v. National Video
- INTRODUCTION
- The American Film Industry
- The Movie Industry Then and Now
- The End of the Studio System
- A Unique Product
- Coping With Risk
- Managing a Creative Enterprise
- DEALMAKING
- Disincentives to Good Film Making
- Types of Contracts
- Contract Law as a Remedy for Story Theft
- Types of Deals
- PERMISSION TO PORTRAY PEOPLE AND PLACES
- Depiction & Location Releases
- Purchasing the Rights to a Person’s Life Story
- Location Release
- CLEARANCE OF RIGHTS
- Copyright Search
- Errors and Omissions Insurance
- Protection of Titles
- Identifiable Products, Locations & Persons
- Film Clips
- LITERARY ACQUISITION AGREEMENTS
- EMPLOYMENT CONTRACTS
- Loan-Out Companies
- Writers
- Directors
- Actors
- Producers
- ADVICE FOR WRITERS, DIRECTORS AND ACTORS
- Writers
- How Writers Are Exploited
- Rights of Writers Guild Members
- Summary of WGA Agreement
- Directors
- Rights of Directors Guild Members
- Creative Decisions
- Disclosure
- Deal Memo
- Hiring Crew
- Casting Sessions
- Facilities
- Stunts
- Dailies
- Post-production
- Director’s Cut
- Protection Against False Story-Theft Claims
- Obscenity
- Actors
- Admission to SAG
- Notable SAG Rules
- Rights of SAG Members
- AFTRA
- MUSIC
- Soundtracks
- Nature of Music Rights Needed
- Distribution of the Soundtrack Album
- THE ACQUISITION/DISTRIBUTION AGREEMENT
- Orchestrating the Distribution Deal
- Self-Defense Tips for Filmmakers
- NEGOTIATING TACTICS AND STRATEGIES
- Techniques to Induce a Studio to Make a Deal
- CREATIVE ACCOUNTING
- Art Buchwald v. Paramount
- Creative Accounting—Tricks of the Trade
- COPYRIGHT
- Protecting Your Copyright and Title
- Copyright Basics
- Criteria for Copyright Protection
- Copyright Notice
- Rights of the Copyright Holder
- Limits on Copyright
- Ownership of Copyright
- Duration of Copyright
- Termination of Copyright Transfers
- Difference Between 1909 & 1976 Copyright Acts
- Copyright Registration and Deposit
- Advantages of Registration
- Registration After Berne
- Requirements of Registration upon Publication
- Transfers of Copyright Interests
- Artist’s Moral Rights
- Writers Guild Registration
- THE FIRST AMENDMENT AND THE RIGHT TO
PUBLICITY
- DEFAMATION OF PERSONS DEPICTED IN
LITERARY WORKS
- Constitutional Limitations
- Types of Defamation
- Publication
- Defenses and Privileges
- Public Figures and Public Officials
- THE RIGHT OF PRIVACY
- Intrusion Into One’s Private Affairs
- Public Disclosure of Embarrassing Private Facts
- Appropriation
- False Light
- TRADEMARKS AND UNFAIR COMPETITION
- Trademarks
- Creation of Trademark Rights
- The Federal Registration Process
- Benefits of Registration
- Grounds for refusing Federal Registration
- Maintenance of the Mark
- Madrid Protocol
- Unfair Competition
- REMEDIES
- Guild Remedies
- Arbitration
- Commencing AAA Arbitration
- Selecting an Arbitrator
- The Arbitration Hearing
- After the Award
- IFTA Arbitration
- Commencing IFTA Arbitration
- IFTA Pre-arbitration Settlement Procedure
- Arbitrator Fees
- Litigation
- Jurisdiction
- RETAINING ATTORNEYS, AGENTS AND MANAGERS
- Attorneys
- Agents
- Personal Managers
- GLOSSARY OF TERMS
- APPENDIX
- Books and Publications
- Bookstores
- Libraries
- Guilds, Associations and Unions
- Protecting Titles
- Filmmaker Organizations
- Education
- INDEX
|
