The 4th Edition is Here!
Dealmaking in the Film & TV Industry (4th Edition, 2016) By: Mark Litwak 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. The Fourth Edition updates the existing text and adds more than 100 pages of new material covering changes occurring in the movie industry such as the growth of new media outlets like Netflix and You Tube. Book only $ 37.95 Contract templates on CD-R only $ 42.00 Book + Contract templates on CD-R $ 70.95 Templates are fully editable in Microsoft Word. An earlier edition of this book is also available in the Korean language. Contact our office to order. |
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AWARDS
Dealmaking (1st Edition) was the Winner of 1995 Kraszna-Krausz Foundation Award
The Kraszna-Krausz Foundation was created by Andor Kraszna-Krausz, the founder of Focal Press. Since 1985 the Kraszna-Krausz Foundation Book Awards have been the UK’s leading prizes for books on photography and the moving image. Winning books have been those which make original and lasting educational, professional, historical, and cultural contributions to the field.
The Kraszna-Krausz Foundation was created by Andor Kraszna-Krausz, the founder of Focal Press. Since 1985 the Kraszna-Krausz Foundation Book Awards have been the UK’s leading prizes for books on photography and the moving image. Winning books have been those which make original and lasting educational, professional, historical, and cultural contributions to the field.
REVIEWS
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
Sample Material/Photography/Artwork Release
Option & Literary Purchase Agreement
Shopping Agreement
Writer Employment Agreement
Director Employment Agreement
Actor Employment Agreement, SAG-AFTRA Theatrical Release
Actor Employment Agreement, Low-Budget, Non-Union Day Player
Rider to Day-Player Agreement
Extra Agreement with Extra Release
Line Producer Employment Agreement
Graphic Artist Employment Agreement
Collaboration Agreement
Submission Release
Synchronization and Sound Recording License, Television
Composer Agreement for Low-Budget Feature
Home Video Distribution Agreement
International Acquisition/Distribution Agreement
Attorney-Client Fee Contract
SAG Motion Picture/Television Agency Contract
Standard AFTRA Exclusive Agency Contract Under Rule 12-C
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. CBS
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 and Location Releases
Location Release
4. CLEARANCE OF RIGHTS
Copyright Search
Errors and Omissions Insurance
Protection of Titles
Identifiable Products, Locations, and Persons
Film Clips
5. LITERARY ACQUISITION AGREEMENTS
Shopping
6. EMPLOYMENT CONTRACTS
Loan-Out Companies
Independent Contractors Versus Employees
Writers
WGA Credit Arbitration
Directors
Actors
Producers
Crew and Other Employment
7. ADVICE FOR WRITERS, DIRECTORS, AND ACTORS
Writers
How Writers Are Exploited
Rights of Writers Guild Members
Summary of WGA Basic Agreement
Features
Television
Collaborating with Others
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-AFTRA
Guilds and Unions
Notable SAG-AFTRA Rules
Rights of SAG-AFTRA Members
8. MUSIC
Soundtracks
Nature of Music Rights Needed
Distribution of the Soundtrack Album
9. DISTRIBUTION
The Difference Between Markets and Festivals
International Distribution
Borrowing Against Pre-Sales
Domestic Distribution
Service Deals
Four Wall Releases
New Media Distribution
Orchestrating the Distribution Deal
Self-Defense Tips for Filmmakers
Chain of Title
Home Video Distribution
10. NEGOTIATING TACTICS AND STRATEGIES
Techniques to Induce a Studio to Make a Deal
11. CREATIVE ACCOUNTING
Art Buchwald v. Paramount
Distributor Obligations
Creative Accounting— Tricks of the Trade
12. COPYRIGHT
Protecting Your Copyright and Title
Copyright Basics
Criteria for Copyright Protection
The Four Criteria
Copyright Notice
The Rights of the Copyright Holder
Limits on Copyright
Ownership of Copyright
Duration of Copyright
Difference Between 1909 and 1976 Copyright Acts
Copyright Registration and Deposit
Advantages of Registration
Preregistration
Registration After Berne
Requirement of Registration upon Publication
Transfers of Copyright Interests
Artist’s Moral Rights
Writers Guild of America Registration
13. THE FIRST AMENDMENT AND THE RIGHT OF 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
ABOUT THE AUTHOR
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
Sample Material/Photography/Artwork Release
Option & Literary Purchase Agreement
Shopping Agreement
Writer Employment Agreement
Director Employment Agreement
Actor Employment Agreement, SAG-AFTRA Theatrical Release
Actor Employment Agreement, Low-Budget, Non-Union Day Player
Rider to Day-Player Agreement
Extra Agreement with Extra Release
Line Producer Employment Agreement
Graphic Artist Employment Agreement
Collaboration Agreement
Submission Release
Synchronization and Sound Recording License, Television
Composer Agreement for Low-Budget Feature
Home Video Distribution Agreement
International Acquisition/Distribution Agreement
Attorney-Client Fee Contract
SAG Motion Picture/Television Agency Contract
Standard AFTRA Exclusive Agency Contract Under Rule 12-C
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. CBS
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 and Location Releases
Location Release
4. CLEARANCE OF RIGHTS
Copyright Search
Errors and Omissions Insurance
Protection of Titles
Identifiable Products, Locations, and Persons
Film Clips
5. LITERARY ACQUISITION AGREEMENTS
Shopping
6. EMPLOYMENT CONTRACTS
Loan-Out Companies
Independent Contractors Versus Employees
Writers
WGA Credit Arbitration
Directors
Actors
Producers
Crew and Other Employment
7. ADVICE FOR WRITERS, DIRECTORS, AND ACTORS
Writers
How Writers Are Exploited
Rights of Writers Guild Members
Summary of WGA Basic Agreement
Features
Television
Collaborating with Others
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-AFTRA
Guilds and Unions
Notable SAG-AFTRA Rules
Rights of SAG-AFTRA Members
8. MUSIC
Soundtracks
Nature of Music Rights Needed
Distribution of the Soundtrack Album
9. DISTRIBUTION
The Difference Between Markets and Festivals
International Distribution
Borrowing Against Pre-Sales
Domestic Distribution
Service Deals
Four Wall Releases
New Media Distribution
Orchestrating the Distribution Deal
Self-Defense Tips for Filmmakers
Chain of Title
Home Video Distribution
10. NEGOTIATING TACTICS AND STRATEGIES
Techniques to Induce a Studio to Make a Deal
11. CREATIVE ACCOUNTING
Art Buchwald v. Paramount
Distributor Obligations
Creative Accounting— Tricks of the Trade
12. COPYRIGHT
Protecting Your Copyright and Title
Copyright Basics
Criteria for Copyright Protection
The Four Criteria
Copyright Notice
The Rights of the Copyright Holder
Limits on Copyright
Ownership of Copyright
Duration of Copyright
Difference Between 1909 and 1976 Copyright Acts
Copyright Registration and Deposit
Advantages of Registration
Preregistration
Registration After Berne
Requirement of Registration upon Publication
Transfers of Copyright Interests
Artist’s Moral Rights
Writers Guild of America Registration
13. THE FIRST AMENDMENT AND THE RIGHT OF 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
ABOUT THE AUTHOR
Compatibility:
*CD-R (52X Speed; 700 MB disk) is compatible with any operating system that has a functional playback device. Contract Templates on CD-R are editable Microsoft Word documents that are compatible with any operating system that has a functional word processor capable of opening Microsoft Word documents.
*CD-R (52X Speed; 700 MB disk) is compatible with any operating system that has a functional playback device. Contract Templates on CD-R are editable Microsoft Word documents that are compatible with any operating system that has a functional word processor capable of opening Microsoft Word documents.
Shipping and Sales Tax Information
Shipping & Handling:
Please allow 1-2 weeks for delivery. All orders are shipped Ground via UPS or FedEx.
For international orders and/or expedited shipping, please call 310-859-9595.
We only ship to street addresses. Sorry, no P.O. boxes.
Sales Tax:
All orders delivered outside the state of California are not subject to Sales tax.
All orders delivered within the state of California shall be subject to the current Sales Tax in your county.
ALL SALES ARE FINAL!
Shipping & Handling:
Please allow 1-2 weeks for delivery. All orders are shipped Ground via UPS or FedEx.
For international orders and/or expedited shipping, please call 310-859-9595.
We only ship to street addresses. Sorry, no P.O. boxes.
Sales Tax:
All orders delivered outside the state of California are not subject to Sales tax.
All orders delivered within the state of California shall be subject to the current Sales Tax in your county.
ALL SALES ARE FINAL!
