The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers
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Find quick answers to hundreds of questions in The Pocket Lawyer for Film and Video. This no-nonsense reference provides fast answers in plain English with no law degree required! It is designed to help you reduce legal costs by providing the vital information you need to make informed decisions on the legal aspects of your film, video, and TV productions.Actors get hurt, copyrights are infringed, and contracts are broken. Big-budget producers have lawyers on retainer, but as an independent filmmaker, you are left legally exposed. Arm yourself with the practical advice of a TV-producer-turned-entertainment-lawyer.The format is carefully designed for quick reference, so you get the answers you need, fast. Features include:*Clause Companion: explains the meaning and impact of typical contract clauses, taking the headache out of reading them*F.A.Q.s: instantly answers the most commonly asked legal questions*Warnings: alerts you to critical areas and common mistakesAvoid common pitfalls, save money, avoid lawsuits, and become empowered in your daily work. The next best thing to having an entertainment attorney at your beck and call is having one in your pocket!Thomas A. Crowell counsels his clients in New York and New Jersey on a wide range of entertainment law and intellectual property rights issues. Prior to becoming an attorney, Mr. Crowell produced television news and children’s entertainment for over a decade.
Disclaimer xxiiiDedication xxvAcknowledgments xxviiAbout the Author xxixOverview of the Pocket LawyerIntroduction 3Filmmaker FAQs 7Legal Building BlocksContract and Intellectual Property 11Copyright and Intellectual Property 13What Is a Copyright? 13Exclusive Rights Under Copyright 14The Film Property 14Issues in Film Contracting 17Deal Points 17Who Are the Parties? 18What Are You Getting? 18What Are You Giving in Exchange for What You're Getting? 19What Rights Do You Have or Are You Giving Up? 19What Promises Are Being Made? 20What Protections Do You Have? 20What Rules Govern the Business Relationship Between the Parties? 20What Happens When Something Goes Wrong? 21The Production CompanyFilmmaking Is a Business 24Setting up the Production Company 25Business Concepts 25Types of Business Entities 26Loan-Out Companies 31YourProfessional Team 33Attorneys 33Accountants 36Insurance 37Financing Your Movie 41Pay for the Film Out of Pocket 42Debt 42Equity 43Investors and Securities Laws 43Step by Step: Securities Compliance 47DevelopmentCreating, Acquiring, and Managing the Film Property 50Idea Rights: (Protecting Your Pitches and Avoiding Idea "Theft") 51Nondisclosure Agreements and Submission Releases 51Goals and Deals 53Deal Points: Submission Release 54Deal Points: Non-Disclosure Agreement (NDA) 55Law: Protecting Ideas and the "Novelty" Requirement 56Business Issues: Finances and Costs 57Negotiation Tips and Tricks 57Step by Step: Protecting an Idea 58Follow-Up 58Creating a Screenplay 61Writing the Screenplay by Yourself (Sole Authorship) 61Writing Collaboration (Writing Partners and Joint Authorship) 63Deal Points 65The Writers Guild of America (WGA) 69Acquiring Screenplay Rights 73Buying Rights 73The Screenplay Option/Purchase 74Major Deal Points: The Option Agreement 75Major Deal Points: The Purchase Agreement 77Hiring a Screenwriter 82Major Deal Points: Writer's Services Agreement 84Screenplay Adaptations 88Major Deal Points: The Literary Property Acquisition Agreement 88Life Story Rights 94Major Deal Points: Life Rights Consent and Release 97Chain of Title: The Care and Feeding of Your Copyright 101What is a Chain of Title? 101Copyright Searches and Permissions 102Copyright Registration 106The Copyright Notice 110Copyright Recordation, Assignments, and Transfers 110Certificate of Authorship 113Pre-ProductionHiring Cast and Crew-a Lot of Law to Worry About 117Federal and State Labor and Employment Laws - An Overview 118Unions 119Service Agreements 120Checklist: Elements of a Service Agreement 120The Producer's Services Agreement 123Major Deal Points: Producer's Services Agreement 124The Director's Service Agreements 131Major Deal Points: Director's Services Agreement 132Crew Services Agreement 141Major Deal Points: Crew's Services Agreement 142Performers 149The Screen Actors Guild (SAG) 149The Performer's Services Agreement 155Major Deal Points: Actor's Services Agreement 156How to Get a Script to a SAG Actor 164ProductionQuiet on the Set! 170Extras and Depiction Releases 171Depiction Releases 171Caution - No Fraud or Misrepresentations Allowed! 175Locations 177Why You Need a Location Release 177Getting Permission to Use a Location 179Major Deal Points: Location Agreement 181What's on the Set? 185On-Set IP Infringement 185Copyrights on the Set 187Major Deal Points: Artwork License 190Trademarks on the Set 192E&O and Other Contractual Obligations 196Post-ProductionIt's in the Can 200Post-Production Staff 201Hiring Post-Production Artists and Technicians Directly 201Artists and Technicians Provided by Post-Production Facilities 201Music 203Music Licensing 203Major Deal Points: Music Licensing Agreement 207Stock and Royalty-Free Music 210Commissioned Music 210Major Deal Points: Composer's Services Agreement 211Film Clips and Stock Footage 217Stock Footage Company 218Movie Studio Footage 218Major Deal Points: The Film Clip License Agreement 219The National Archives 221Credits & Copyright Notice 223Copyright Notice and Disclaimer 223DistributionSelling Your Film 227What Distributors Do 227Types of Distribution Deals 228The Money Pipeline 229How Does the Money Get from a Movie Theater to the Producer Via a Net Distribution Deal? 229Distribution Rights Acquisition Agreement 231Major Deal Points: Distribution Agreement 231Tips for Attracting a Distributor 240ConclusionLaw Library Appendices A-D 245The Law Library 246A Filmmaker's Guide to Intellectual Property Law 247Copyright Law 249Right of Publicity 271Violation of Privacy Rights 273Libel and Defamation 276Moral Rights 282A Filmmaker's Guide to Contract Law 283Contract Law: An Overview 283The Clause Companion 291A Filmmaker's Guide to Labor and Employment Law 307Employee or Independent Contractor? 307Employee Responsibilities 312Child Labor Laws: California and New York 313Bibliography and Resources 319Notes 323Index 329
