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Dealmaking in the film & television industry : from negotiations to final contracts / by Mark Litwak.

LIBRA KF4290 .L58 2002
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Format:
Book
Author/Creator:
Litwak, Mark.
Language:
English
Subjects (All):
Artists' contracts--United States.
Artists' contracts.
United States.
Performing arts--Law and legislation--United States.
Performing arts.
Performing arts--Law and legislation.
Motion pictures--Law and legislation--United States.
Motion pictures.
Motion pictures--Law and legislation.
Entertainers--Legal status, laws, etc--United States.
Entertainers.
Entertainers--Legal status, laws, etc.
Physical Description:
xviii, 407 pages ; 26 cm
Edition:
Second edition, exp. and upd.
Place of Publication:
Los Angeles : Silman-James Press, [2002]
Summary:
This first self-defense book for everyone working in the film and television industry is a highly accessible and practical guide to current entertainment laws, peculiarities, and "creative" practices.
Contents:
The American Film Industry 1
The Movie Industry Then and Now 2
The End of the Studio System 3
A Unique Product 5
Coping With Risk 7
Managing a Creative Enterprise 8
2. Dealmaking 11
Disincentives to Good Filmmaking 12
Types of Contracts 16
Contract Law as a Remedy for Story Theft 17
Types of Deals 22
3. Permission to Portray People and Places 29
Depiction & Location Releases
Purchasing the Rights to a Person's Life Story 29
Location Release 43
4. Clearance of Rights 49
Copyright Search 49
Errors and Omissions Insurance 50
Protection of Titles 51
Identifiable Products, Locations & Persons 54
Film Clips 55
5. Literary Acquisition Agreements 59
6. Employment Contracts 93
Loan-Out Companies 93
Writers 94
Directors 122
Actors 136
Producers 150
7. Advice for Writers, Directors and Actors 161
Writers 161
How Writers Are Exploited 163
Rights of Writers Guild Members 172
Summary of WGA Agreement 172
Directors 181
Rights of Directors Guild Members 182
Creative Decisions 182
Disclosure 183
Deal Memo 183
Hiring Crew 183
Casting Sessions 183
Facilities 184
Stunts 184
Dailies 184
Post-production 184
Director's Cut 185
Protection Against False Story-Theft Claims 185
Obscenity 191
Actors 191
Admission to SAG 191
Notable SAG Rules 193
Rights of SAG Members 194
AFTRA 196
8. Music 199
Soundtracks 199
Nature of Music Rights Needed 203
Distribution of the Soundtrack Album 206
9. The Acquisition/Distribution Agreement 215
Orchestrating the Distribution Deal 216
Self-Defense Tips for Filmmakers 220
10. Negotiating Tactics and Strategies 251
Techniques to Induce a Studio to Make a Deal 253
11. Creative Accounting 257
Art Buchwald v. Paramount 257
Creative Accounting
Tricks of the Trade 262
12. Copyright 269
Protecting Your Copyright and Title 270
Copyright Basics 270
Criteria for Copyright Protection 273
Copyright Notice 279
Rights of the Copyright Holder 280
Limits on Copyright 281
Ownership of Copyright 284
Duration of Copyright 286
Termination of Copyright Transfers 286
Difference Between 1909 & 1976 Copyright Acts 286
Copyright Registration and Deposit 287
Advantages of Registration 287
To Register a Copyright 289
Registration After Berne 289
Requirements of Registration upon Publication 290
Transfers of Copyright Interests 290
Artist's Moral Rights 296
Writers Guild Registration 299
13. The First Amendment and the Right to Publicity 301
14. Defamation of Persons Depicted in Literary Works 307
Constitutional Limitations 307
Types of Defamation 308
Publication 308
Defenses and Privileges 309
Public Figures and Public Officials 310
15. The Right of Privacy 317
Intrusion Into One's Private Affairs 319
Public Disclosure of Embarrassing Private Facts 320
Appropriation 320
False Light 320
16. Trademarks and Unfair Competition 327
Trademarks 327
Maintenance of the Mark 330
Unfair Competition 330
17. Remedies 333
Guild Remedies 334
Arbitration 334
Commencing AAA Arbitration 338
Selecting an Arbitrator 338
The Arbitration Hearing 339
After the Award 340
AFMA Arbitration 340
Commencing AFMA Arbitration 340
AFMA Pre-arbitration Settlement Procedure 341
Arbitrator Fees 341
Litigation 342
Jurisdiction 344
18. Retaining Attorneys, Agents and Managers 347
Attorneys 347
Agents 352
Personal Managers 367.
Notes:
Includes bibliographical references and index.
ISBN:
1879505665
OCLC:
50478496

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