Dealmaking for the Film and Television Industry:
From Negotiations Through Final Contracts (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
Table of Contents
Preface
1. 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
2. DEALMAKING
Disincentives to Good Filmmaking
Types of Contracts
Contract Law as a Remedy for Story Theft
Types of Deals
3. PERMISSION TO PORTRAY PEOPLE AND PLACES
Depiction & Location Releases
Purchasing the Rights to a Person’s Life Story
Location Release
4. CLEARANCE OF RIGHTS
Copyright Search
Errors and Omissions Insurance
Protection of Titles
Identifiable Products, Locations & Persons
Film Clips
5. LITERARY ACQUISITION AGREEMENTS
6. EMPLOYMENT CONTRACTS
Loan-Out Companies
Writers
Directors
Actors
Producers
7. 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
8. MUSIC
Soundtracks
Nature of Music Rights Needed
Distribution of the Soundtrack Album
9. THE ACQUISITION/DISTRIBUTION AGREEMENT
Orchestrating the Distribution Deal
Self-Defense Tips for Filmmakers
10. NEGOTIATING TACTICS AND STRATEGIES
Techniques to Induce a Studio to Make a Deal
11. CREATIVE ACCOUNTING
Art Buchwald v. Paramount
Creative Accounting—Tricks of the Trade
12. 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
13. THE FIRST AMENDMENT AND THE RIGHT TO
PUBLICITY
14. DEFAMATION OF PERSONS DEPICTED IN
LITERARY WORKS
Constitutional Limitations
Types of Defamation
Publication
Defenses and Privileges
Public Figures and Public Officials
15. THE RIGHT OF PRIVACY
Intrusion Into One’s Private Affairs
Public Disclosure of Embarrassing Private Facts
Appropriation
False Light
16. 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
17. 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
18. RETAINING ATTORNEYS, AGENTS AND MANAGERS
Attorneys
Agents
Personal Managers
19. GLOSSARY OF TERMS
20. APPENDIX
Books and Publications
Bookstores
Libraries
Guilds, Associations and Unions
Protecting Titles
Filmmaker Organizations
Education
INDEX |
