"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

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 Filmmaking
  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 ACQUISITIONS 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
  To Register a Copyright
  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
    Maintenance of the Mark
    Unfair Competition

REMEDIES
  Guild Remedies
  Arbitration
  Commencing AAA Arbitration
  Selecting an Arbitrator
  The Arbitration Hearing
  After the Award
  AFMA Arbitration
  Commencing AFMA Arbitration
  AFMA Pre-arbitration Settlement Procedure
  Arbitrator Fees
  Litigation
  Jurisdiction

RETAINING ATTORNEYS, AGENTS AND MANAGERS
  Attorneys
  Agents
  Personal Managers

GLOSSARY OF TERMS

APPENDIX

INDEX