Dealmaking in the Film & Television Industry: From Negotiations to Final Contracts

759 Pages·2017·3.86 MB·English

by  Mark Litwak

Other books by Mark Litwak
Reel Power
Courtroom Crusaders
Contracts for the Film and Television Industry
Litwak’s Multimedia Producer’s Handbook
Risky Business: Financing and Distributing
Independent Films
Copyright © 2016 Hampstead Enterprises, Inc.
All rights reserved. No part of this book may be used
or reproduced in any manner whatsoever without
written permission from the publisher, except in the
case of brief quotations embodied in critical articles
and reviews.
eBook ISBN: 9781935247760
eBook design by Eddy Espina Cover design by Heidi
Frieder SilmanJames Press
www.silmanjamespress.com
To my sons, David and Michael
Disclaimer
This book is designed to help readers understand legal issues
frequently encountered in the entertainment industry. It will provide
you with an understanding of basic legal principles, enabling you to
better communicate with your attorney.
The information contained in this book is intended to provide
general information and does not constitute legal advice. This book is
not intended to create an attorney-client relationship between you and
the author or any of his associates, and you should not act or rely on
any information in this book without seeking the advice of an
attorney.
The information provided is not a substitute for consulting with an
experienced attorney and receiving counsel based on the facts and
circumstances of a particular transaction. Many of the legal principles
mentioned are subject to exceptions and qualifications that may not be
noted in the text. Furthermore, case law and statutes are subject to
revision and may not apply in every state. Because of the quick pace
of technological change, some of the information in this book may be
outdated by the time you read it. Readers should be aware that
business practices, distribution methods, and legislation continue to
evolve in the rapidly changing entertainment industries.
THE INFORMATION IS PROVIDED “AS IS,” AND THE AUTHOR
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WAR‐
RANTIES, INCLUDING WARRANTIES OF PERFORMANCE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, REGARDING THIS INFORMATION. THE AUTHOR
DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY, OR
TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS
INFORMATION IS AT YOUR OWN RISK.
Mark Litwak can be contacted by e-mail. However, if you
communicate with him electronically or otherwise in connection with
a matter for which he does not already represent you, your
communication may not be treated as privileged or confidential. An
attorney-client relationship can only be created with a written retainer
agreement signed by both parties.
Acknowledgments
I am grateful for the assistance of Phil Hacker, Tiiu Lukk, Gary Salt,
and Lon Sobel for reading and critiquing early drafts of this work, and
to Shannon C. Hensley, Esq., for editing the Second Edition. Thanks
also to Elizabeth Zook, Ryan Pastorek, Chrys Wu, Jessica Dubick,
Cyndie Chang, Lawrence Young, and Danielle Casselman for
checking case citations and facts. For several editions, I was greatly
assisted by my longtime associate, attorney Elizabeth Zook.
My thanks to Elliott Williams at the Directors Guild of America,
Grace Reiner at the Writers Guild, and Vicki Shapiro at the Screen
Actors Guild, for reviewing portions of the chapters pertaining to their
members and guild rules.
I am also indebted to my publishers, Gwen Feldman and Jim Fox,
for their helpful suggestions. They have also published several other
books of mine, including Contracts for the Film and Television
Industry.
Contents
Title Page
Copyright
Disclaimer
Acknowledgments
List of Contracts
Case Summaries
PREFACE TO THE FOURTH EDITION
CHAPTER 1
The American Film Industry
The Movie Industry Then and Now
The End of The Studio System
A Unique Product
Coping With Risk
Managing a Creative Enterprise
CHAPTER 2
Disincentives to Good Filmmaking
Types of Contracts
Contract Law as a Remedy for Story Theft
Types of Deals
CHAPTER 3