Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV and New Media

Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV and New Media

Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV and New Media

Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV and New Media

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Overview

Hollywood Dealmaking has become the go-to resource for new and experienced entertainment attorneys, agent trainees, business affairs executives, and creative executives. Entertainment attorneys and Hollywood insiders Dina Appleton and Daniel Yankelevits explain the negotiation techniques and strategies of entertainment dealmaking and detail the interests and roles of producers, writers, actors, directors, agents, and studio employees in crafting a deal. This new edition captures the dramatic changes over the past five years in the film and television industry landscape, with two new chapters: "Reality Television" details the sources of revenue, syndication possibilities, and format sales of these shows as well as the talent deals that are made, and the "Internet/New Media" chapter delves into new digital formats such as mobile phones, game consoles, video-on-demand, and web-based apps, and explains where today's revenues are generated, where the industry is headed, and talent negotiation issues.

All the ins and outs of negotiating are explained, including back ends, gross and adjusted gross profits, deferments, box office bonuses, copyrights, and much more. This easy-to-follow reference is packed with expert insights on distribution, licensing, and merchandising. The book's invaluable resource section includes definitions of lingo for acquisition agreements and employment deals, twelve ready-to-use sample contracts, and a directory of entertainment attorneys in both New York and Los Angeles. In Hollywood Dealmaking, readers will recognize the key players in the process, understand the "lingo" of crafting deals, learn how to negotiate agreements for the option and purchase of books and screenplays, be able to negotiate employment deals for all members of a film or television crew, understand payment terms and bonuses, and be able to register copyrights in scripts and other literary works.

Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.

Product Details

ISBN-13: 9781581157369
Publisher: Allworth
Publication date: 12/09/2011
Sold by: SIMON & SCHUSTER
Format: eBook
Pages: 320
Sales rank: 926,466
File size: 637 KB

About the Author

Dina Appleton is currently Special Counsel in the Entertainment, Media and Technology group at a top Los Angeles law firm. Prior to her current position, she was the head of business and legal affairs at a full-service talent and literary agency.

Daniel Yankelevits is Senior Vice President of Legal Affairs at Sony Pictures Entertainment. He serves on the planning committee of the USC Institute of Entertainment Law and Business and teaches a course at the USC Gould School of Law entitled "Entertainment Law & Industry." Daniel is a graduate of Harvard Law School and resides in Los Angeles, California.
Dina Appleton is currently Senior Vice President of Business and Legal Affairs at Entertainment One Television. Prior to her current position, she was special counsel in the Entertainment and Media Group at Sheppard Mullin Richter and Hampton and, prior to that, the head of business and legal affairs at a full-service talent and literary agency, both in Los Angeles, California. She resides in Toronto, Ontario.
Daniel Yankelevits is Senior Vice President of Legal Affairs at Sony Pictures Entertainment. He serves on the planning committee of the USC Institute of Entertainment Law and Business and teaches a course at the USC Gould School of Law entitled "Entertainment Law&Industry." Daniel is a graduate of Harvard Law School and resides in Los Angeles, California.

Table of Contents

Acknowledgments

Disclaimer

Chapter 1 Introduction to The Dealmaking Process 1

The Players

Studios versus Independent Producers

The Art op Negotiation: Tips from Industry Players

The New Landscape: Observations of Industry Players

Chapter 2 Right Acquisitions Agreements 24

The Option/Purchase Deal

Life Story Rights Agreements

Deal Point Summary: Option/Purchase Agreements

Chapter 3 Feature Writer Employment Deals 43

Making the Deal

Deal Point Summary: Feature Writer Agreements

Chapter 4 Television Writer/Producer Agreements 71

The Economics of Television

Making the Deal

Writers on Staff

Overall Deals

Deal Point Summary: Television Writer/Producer Agreements

Chapter 5 Feature Film and Television Director Agreements 94

The Deal: Feature Directing

Television Directors

Deal Point Summary: Director Agreements

Chapter 6 Film Producers 114

Services: The Producer's Role

Making the Deal

Deal Point Summary: Producer Agreements

Chapter 7 Feature Actor Agreements 128

Negotiating the Deal

Deal Point Summary: Feature Actor Agreements

Chapter 8 Television Actor Deals 148

Negotiating the Deal

Renegotiation

Holding Deals

Movies for Television/Movies of the Week

Deal Point Summary: Television Actor Agreements

Chapter 9 Crew (Below-The-Line) Agreements 168

Sample Deal Memo: Feature Film Composer

Sample Deal Memo: Television Pilot/Series Casting Director

Sample Deal Memo: Music Editor, TV Series

Sample Deal Memo: Postproduction Supervisor, Feature Film

Sample Editor Agreement

Deal Point Summary: Below-the-Line Agreements

Chapter 10 Net Profits 180

FeatureFilm Net Profits

Key Terms

Negotiable Issues/Areas of Complaint

Gross and Adjusted Gross Receipts (AGR)

Television Net Profits

Conclusion

Deal Point Summary: Net Proceeds Negotiations

Chapter 11 The Basics of Copyright Law 204

Questions About Copyright

The Digital Millennium Copyright Act

Chapter 12 Reality Television 217

What is Reality TV?

Chapter 13 Digital Content Deals 223

Rights Granted: Copyright Is Key

Method of Transmission

Type of Service

Authorized Devices

Fees/Allocation of Costs

Barter Deals

Reserved Rights

Sublicensing

Security Measures

Term

Reporting Frequency

Warranties and Indemnities

Subsequent Productions

Consultation and Approval Rights

Guild Applicability

Deal Point Summary: Digital Content Agreement

Appendix A Sample Contracts/Forms 231

Certificate of Authorship/Certificate of Employment

Nudity Rider

Publisher's Release

Materials Release/Submission Release

Annotation Guide

Personal Depiction Release

Life Story Option/Purchase Agreement

Screenplay Purchase Agreement

Exhibit "A": Short Form Assignment

Shopping Agreement/Attachment Agreement

Pilot/Series Television Writer/Producer Agreement

Form of Reality Series Participant Agreement

Appendix B The Lingo 295

About The Authors 306

Index 307

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