The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers

361 Pages·2007·1.51 MB·English

by  Thomas A. Crowell

The Pocket Lawyer
for Filmmakers
This page intentionally left blank
The Pocket Lawyer
for Filmmakers
A Legal Toolkit for
Independent Producers
By
Thomas A. Crowell, Esq.
AMSTERDAM • BOSTON (cid:127) HEIDELBERG (cid:127) LONDON
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Library of Congress Cataloging-in-Publication Data
Crowell,Thomas.
The pocket lawyer for filmmakers :a legal toolkit for independent factors / by Thomas Crowell.
p.cm.
Includes bibliographical references and index.
ISBN 0-240-80842-8
1. Independent filmmakers—Legal status,laws,etc.—United States.2. Motion pictures—Law and
legislation—United States.3. Copyright—Motion pictures—United States. I.Title.
KF4298.Z9C76 2007
343.7309’9—dc22 2007007525
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN 13:978-0-240-80842-0
ISBN 10:0-240-80842-8
For information on all Focal Press publications
visit our website at www.books.elsevier.com
07 08 09 10 11 5 4 3 2 1
Printed in the United States of America
CONTENTS
Disclaimer xxiii
Dedication xxv
Acknowledgments xxvii
About the Author xxix
PART I. OVERVIEW OF THE POCKET LAWYER
INTRODUCTION 3
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
vi
CONTENTS
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
vii
CONTENTS
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
viii
CONTENTS
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
ix
CONTENTS
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
ProducerVia a Net Distribution Deal? 229
Distribution Rights Acquisition Agreement 231
Major Deal Points:Distribution Agreement 231
Tips for Attracting a Distributor 240