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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
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