The pocket lawyer for filmmakers : a legal toolkit for independent producers / by Thomas A. Crowell.

Format:

Book

Author/Creator:

Crowell, Thomas A.

Language:

English

Subjects (All):

Independent filmmakers--Legal status, laws, etc--United States.

Independent filmmakers.

Motion pictures--Law and legislation--United States.

Motion pictures.

Motion pictures--Law and legislation.

United States.

Copyright--Motion pictures--United States.

Copyright.

Copyright--Motion pictures.

Physical Description:

xviii, 342 pages ; 23 cm

Place of Publication:

Amsterdam ; Boston : Focal Press, [2007]

Summary:

Find quick answers to these and hundreds of other questions in The Pocket Lawyer for Filmmakers. 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.

Sidestep the perils of film production where 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: Three-books in one: 2]a handy manual on film contracts, 2] a step-by-step guide to critical legal issues on and off the film set, 3] a quick reference to copyright and other intellectual property protections for filmmakers, 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 mistakes Avoid common pitfalls, save money, avoid lawsuits, and become empowered in your daily work. This book is the next best thing to having an entertainment attorney at your beck and call!

Contents:

Part I Overview of the Pocket Lawyer

Filmmaker FAQs 7

Part II Legal Building Blocks

Contract and Intellectual Property 11

1 Copyright and Intellectual Property 13

What Is a Copyright? 13

Exclusive Rights Under Copyright 14

The Film Property 14

2 Issues in Film Contracting 17

Deal Points 17

Who Are the Parties? 18

What Are You Getting? 18

What Are You Giving in Exchange for What You're Getting? 19

What Rights Do You Have or Are You Giving Up? 19

What Promises Are Being Made? 20

What Protections Do You Have? 20

What Rules Govern the Business Relationship Between the Parties? 20

What Happens When Something Goes Wrong? 21

Part III The Production Company

Filmmaking Is a Business 24

3 Setting up the Production Company 25

Business Concepts 25

Types of Business Entities 26

Loan-Out Companies 31

4 Your Professional Team 33

Attorneys 33

Accountants 36

Insurance 37

5 Financing Your Movie 41

Pay for the Film Out of Pocket 42

Debt 42

Equity 43

Investors and Securities Laws 43

Step by Step: Securities Compliance 47

Part IV Development

Creating, Acquiring, and Managing the Film Property 50

6 Idea Rights: (Protecting Your Pitches and Avoiding Idea "Theft") 51

Nondisclosure Agreements and Submission Releases 51

Goals and Deals 53

Deal Points: Submission Release 54

Deal Points: Non-Disclosure Agreement (NDA) 55

Law: Protecting Ideas and the "Novelty" Requirement 56

Business Issues: Finances and Costs 57

Negotiation Tips and Tricks 57

Step by Step: Protecting an Idea 58

Follow-Up 58

7 Creating a Screenplay 61

Writing the Screenplay by Yourself (Sole Authorship) 61

Writing Collaboration (Writing Partners and Joint Authorship) 63

Deal Points 65

The Writers Guild of America (WGA) 69

8 Acquiring Screenplay Rights 73

Buying Rights 73

The Screenplay Option/Purchase 74

Major Deal Points: The Option Agreement 75

Major Deal Points: The Purchase Agreement 77

Hiring a Screenwriter 82

Major Deal Points: Writer's Services Agreement 84

Screenplay Adaptations 88

Major Deal Points: The Literary Property Acquisition Agreement 88

Life Story Rights 94

Major Deal Points: Life Rights Consent and Release 97

9 Chain of Title: The Care and Feeding of Your Copyright 101

What is a Chain of Title? 101

Copyright Searches and Permissions 102

Copyright Registration 106

The Copyright Notice 110

Copyright Recordation, Assignments, and Transfers 110

Certificate of Authorship 113

Part V Pre-Production

10 Hiring Cast and Crew-a Lot of Law to Worry About 117

Federal and State Labor and Employment Laws - An Overview 118

Unions 119

Service Agreements 120

Checklist: Elements of a Service Agreement 120

11 The Producer's Services Agreement 123

Major Deal Points: Producer's Services Agreement 124

12 The Director's Service Agreements 131

Major Deal Points: Director's Services Agreement 132

13 Crew Services Agreement 141

Major Deal Points: Crew's Services Agreement 142

14 Performers 149

The Screen Actors Guild (SAG) 149

The Performer's Services Agreement 155

Major Deal Points: Actor's Services Agreement 156

How to Get a Script to a SAG Actor 164

Part VI Production

Quiet on the Set! 170

15 Extras and Depiction Releases 171

Depiction Releases 171

Caution - No Fraud or Misrepresentations Allowed! 175

16 Locations 177

Why You Need a Location Release 177

Getting Permission to Use a Location 179

Major Deal Points: Location Agreement 181

17 What's on the Set? 185

On-Set IP Infringement 185

Copyrights on the Set 187

Major Deal Points: Artwork License 190

Trademarks on the Set 192

E&O and Other Contractual Obligations 196

Part VII Post-Production

It's in the Can 200

18 Post-Production Staff 201

Hiring Post-Production Artists and Technicians Directly 201

Artists and Technicians Provided by Post-Production Facilities 201

19 Music 203

Music Licensing 203

Major Deal Points: Music Licensing Agreement 207

Stock and Royalty-Free Music 210

Commissioned Music 210

Major Deal Points: Composer's Services Agreement 211

20 Film Clips and Stock Footage 217

Stock Footage Company 218

Movie Studio Footage 218

Major Deal Points: The Film Clip License Agreement 219

The National Archives 221

21 Credits & Copyright Notice 223

Copyright Notice and Disclaimer 223

Part VIII Distribution

22 Selling Your Film 227

What Distributors Do 227

Types of Distribution Deals 228

The Money Pipeline 229

How Does the Money Get from a Movie Theater to the Producer Via a Net Distribution Deal? 229

Distribution Rights Acquisition Agreement 231

Major Deal Points: Distribution Agreement 231

Tips for Attracting a Distributor 240

Law Library Appendices A-D 245

The Law Library 246

Appendix A A Filmmaker's Guide to Intellectual Property Law 247

1 Copyright Law 249

2 Right of Publicity 271

3 Violation of Privacy Rights 273

4 Libel and Defamation 276

5 Moral Rights 282

Appendix B A Filmmaker's Guide to Contract Law 283

1 Contract Law: An Overview 283

Appendix C The Clause Companion 291

Appendix D A Filmmaker's Guide to Labor and Employment Law 307

1 Employee or Independent Contractor? 307

2 Employee Responsibilities 312

3 Child Labor Laws: California and New York 313.

Notes:

Includes bibliographical references (pages [319]-327) and index.

ISBN:

0240808428

9780240808420

OCLC:

85162244

Online:

Publisher description