PART II. LEGAL BUILDING BLOCKS
Contract and Intellectual Property
COPYRIGHT AND INTELLECTUAL PROPERTY
What Is a Copyright?
Exclusive Rights Under Copyright
The Film Property
ISSUES IN FILM CONTRACTING
Who Are the Parties?
What Are You Getting?
What Are You Giving in Exchange for What You’re Getting?
What Rights Do You Have or Are You Giving Up?
What Promises Are Being Made?
What Protections Do You Have?
What Rules Govern the Business Relationship
Between the Parties?
What Happens When Something Goes Wrong?
PART III. THE PRODUCTION COMPANY
Filmmaking Is a Business
SETTING UP THE PRODUCTION COMPANY
Types of Business Entities
YOUR PROFESSIONAL TEAM
FINANCING YOUR MOVIE
Pay for the Film Out of Pocket
Investors and Securities Laws
Step by Step: Securities Compliance
PART IV. DEVELOPMENT
Creating, Acquiring, and Managing the Film Property
IDEA RIGHTS: (PROTECTING YOUR PITCHES AND
AVOIDING IDEA “THEFT”)
Nondisclosure Agreements and Submission Releases
Goals and Deals
Deal Points: Submission Release
Deal Points: Non-Disclosure Agreement (NDA)
Law: Protecting Ideas and the “Novelty” Requirement
Business Issues: Finances and Costs
Negotiation Tips and Tricks
Step by Step: Protecting an Idea
CREATING A SCREENPLAY
Writing the Screenplay by Yourself (Sole Authorship)
Writing Collaboration (Writing Partners and Joint Authorship)
The Writers Guild of America (WGA)
ACQUIRING SCREENPLAY RIGHTS
The Screenplay Option/Purchase
Major Deal Points: The Option Agreement
Major Deal Points: The Purchase Agreemen
Hiring a Screenwriter
Major Deal Points:Writer’s Services Agreement
Major Deal Points: The Literary Property Acquisition Agreement
Life Story Rights
Major Deal Points: Life Rights Consent and Release
CHAIN OF TITLE:THE CARE AND FEEDING
OF YOUR COPYRIGHT
What is a Chain of Title?
Copyright Searches and Permissions
©—The Copyright Notice
Copyright Recordation, Assignments, and Transfers
Certificate of Authorship
PART V. PRE-PRODUCTION
HIRING CAST AND CREW—A LOT OF LAW
TO WORRY ABOUT
Federal and State Labor and Employment Laws – An Overview
Checklist: Elements of a Service Agreement
THE PRODUCER’S SERVICES AGREEMENT
Major Deal Points: Producer’s Services Agreement
THE DIRECTOR’S SERVICE AGREEMENTS
Major Deal Points: Director’s Services Agreement
CREW SERVICES AGREEMENT
Major Deal Points: Crew’s Services Agreement
The Screen Actors Guild (SAG)
The Performer’s Services Agreement
Major Deal Points: Actor’s Services Agreement
How to Get a Script to a SAG Actor
PART VI. PRODUCTION
Quiet on the Set!
EXTRAS AND DEPICTION RELEASES
Caution – No Fraud or Misrepresentations Allowed!
Why You Need a Location Release
Getting Permission to Use a Location
Major Deal Points: Location Agreement
WHAT’S ON THE SET?
On-Set IP Infringement
Copyrights on the Set
Major Deal Points: Artwork License
Trademarks on the Set
E&O and Other Contractual Obligations
PART VII. POST-PRODUCTION
It’s in the Can
Hiring Post-Production Artists and Technicians Directly
Artists and Technicians Provided by Post-Production Facilities
Major Deal Points: Music Licensing Agreement
Stock and Royalty-Free Music
Major Deal Points: Composer’s Services Agreement
FILM CLIPS AND STOCK FOOTAGE
Stock Footage Company
Movie Studio Footage
Major Deal Points: The Film Clip License Agreement
The National Archives
CREDITS & COPYRIGHT NOTICE
Copyright Notice and Disclaimer
PART VIII. DISTRIBUTION
SELLING YOUR FILM
What Distributors Do
Types of Distribution Deals
The Money Pipeline
How Does the Money Get from a Movie Theater to the
Producer Via a Net Distribution Deal?
Distribution Rights Acquisition Agreement
Major Deal Points: Distribution Agreement
Tips for Attracting a Distributor
Law Library Appendices A–D
The Law Library
APPENDIX A: A FILMMAKER’S GUIDE TO INTELLECTUAL
Right of Publicity
Violation of Privacy Rights
Libel and Defamation
APPENDIX B: A FILMMAKER’S GUIDE TO CONTRACT LAW
Contract Law: An Overview
APPENDIX C:THE CLAUSE COMPANION
APPENDIX D: A FILMMAKER’S GUIDE TO LABOR AND
Employee or Independent Contractor?
Child Labor Laws: California and New York