Dealmaking in the Film and Television Industry / Edition 2

Dealmaking in the Film and Television Industry / Edition 2

by Mark Litwak
     
 

ISBN-10: 1879505665

ISBN-13: 9781879505667

Pub. Date: 10/28/2002

Publisher: Silman-James Pr

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 and practical guide to current entertainment law's peculiarities and "creative" practices. Armed with this book, filmmakers can save themselves thousands of dollars in legal fees as

Overview

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 and practical guide to current entertainment law's peculiarities and "creative" practices. Armed with this book, filmmakers can save themselves thousands of dollars in legal fees as they navigate the entertainment business's shark-infested waters. Whether you are a professional or wannabe producer, writer, director, or actor, Litwak can help you make the most of your business dealings while steering you clear of contractual traps. The second edition of this popular book contains hundreds of updates and revisions of the first edition and includes two new chapters: Legal Remedies and Retaining Attorneys, Agents, and Managers.

Product Details

ISBN-13:
9781879505667
Publisher:
Silman-James Pr
Publication date:
10/28/2002
Edition description:
2nd Edition Expanded & Updated
Pages:
407
Product dimensions:
7.08(w) x 9.88(h) x 0.86(d)

Table of Contents

Prefacexvii
1.Introduction1
The American Film Industry1
The Movie Industry Then and Now2
The End of the Studio System3
A Unique Product5
Coping With Risk7
Managing a Creative Enterprise8
2.Dealmaking11
Disincentives to Good Filmmaking12
Types of Contracts16
Contract Law as a Remedy for Story Theft17
Types of Deals22
3.Permission to Portray People and Places29
Depiction & Location Releases
Purchasing the Rights to a Person's Life Story29
Location Release43
4.Clearance of Rights49
Copyright Search49
Errors and Omissions Insurance50
Protection of Titles51
Identifiable Products, Locations & Persons54
Film Clips55
5.Literary Acquisition Agreements59
6.Employment Contracts93
Loan-Out Companies93
Writers94
Directors122
Actors136
Producers150
7.Advice for Writers, Directors and Actors161
Writers161
How Writers Are Exploited163
Rights of Writers Guild Members172
Summary of WGA Agreement172
Directors181
Rights of Directors Guild Members182
Creative Decisions182
Disclosure183
Deal Memo183
Hiring Crew183
Casting Sessions183
Facilities184
Stunts184
Dailies184
Post-production184
Director's Cut185
Protection Against False Story-Theft Claims185
Obscenity191
Actors191
Admission to SAG191
Notable SAG Rules193
Rights of SAG Members194
AFTRA196
8.Music199
Soundtracks199
Nature of Music Rights Needed203
Distribution of the Soundtrack Album206
9.The Acquisition/Distribution Agreement215
Orchestrating the Distribution Deal216
Self-Defense Tips for Filmmakers220
10.Negotiating Tactics and Strategies251
Techniques to Induce a Studio to Make a Deal253
11.Creative Accounting257
Art Buchwald v. Paramount257
Creative Accounting--Tricks of the Trade262
12.Copyright269
Protecting Your Copyright and Title270
Copyright Basics270
Criteria for Copyright Protection273
Copyright Notice279
Rights of the Copyright Holder280
Limits on Copyright281
Ownership of Copyright284
Duration of Copyright286
Termination of Copyright Transfers286
Difference Between 1909 & 1976 Copyright Acts286
Copyright Registration and Deposit287
Advantages of Registration287
To Register a Copyright289
Registration After Berne289
Requirements of Registration upon Publication290
Transfers of Copyright Interests290
Artist's Moral Rights296
Writers Guild Registration299
13.The First Amendment and the Right to Publicity301
14.Defamation of Persons Depicted in Literary Works307
Constitutional Limitations307
Types of Defamation308
Publication308
Defenses and Privileges309
Public Figures and Public Officials310
15.The Right of Privacy317
Intrusion Into One's Private Affairs319
Public Disclosure of Embarrassing Private Facts320
Appropriation320
False Light320
16.Trademarks and Unfair Competition327
Trademarks327
Maintenance of the Mark330
Unfair Competition330
17.Remedies333
Guild Remedies334
Arbitration334
Commencing AAA Arbitration338
Selecting an Arbitrator338
The Arbitration Hearing339
After the Award340
AFMA Arbitration340
Commencing AFMA Arbitration340
AFMA Pre-arbitration Settlement Procedure341
Arbitrator Fees341
Litigation342
Jurisdiction344
18.Retaining Attorneys, Agents and Managers347
Attorneys347
Agents352
Personal Managers367
19.Glossary of Terms373
20.Appendix389
Index399

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