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by Thomas A. Crowell
The Pocket Lawyer for Filmmakers
Cover
Halftitle
Title
Copyright
Contents
Disclaimer
Dedication
Acknowledgments
About the Author
Part I. Overview of the Pocket Lawyer
Introduction
Filmmaker FAQs
Part II. Legal Building Blocks: Contract and Intellectual Property
1. Copyright and Intellectual Property
What Is a Copyright?
Exclusive Rights Under Copyright
The Film Property
2. Issues in Film Contracting
Deal Points
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
3. Setting Up the Production Company
Business Concepts
Types of Business Entities
Loan-Out Companies
4. Your Professional Team
Attorneys
Accountants
Insurance
5. Financing Your Movie
Pay for the Film Out of Pocket
Debt
Equity
Investors and Securities Laws
Step by Step: Securities Compliance
Part IV. Development
Creating, Acquiring, and Managing the Film Property
6. 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
Follow-Up
7. Creating a Screenplay
Writing the Screenplay by Yourself (Sole Authorship)
Writing Collaboration (Writing Partners and Joint Authorship)
Deal Points
The Writers Guild of America (WGA)
8. Acquiring Screenplay Rights
Buying Rights
The Screenplay Option/Purchase
Major Deal Points: The Option Agreement
Major Deal Points: The Purchase Agreement
Hiring a Screenwriter
Major Deal Points: Writer’s Services Agreement
Screenplay Adaptations
Major Deal Points: The Literary Property Acquisition Agreement
Life Story Rights
Major Deal Points: Life Rights Consent and Release
9. Chain of Title: The Care and Feeding of Your Copyright
What is a Chain of Title?
Copyright Searches and Permissions
Copyright Registration
©—The Copyright Notice
Copyright Recordation, Assignments, and Transfers
Certificate of Authorship
Part V. Pre-Production
10. Hiring Cast and Crew—A Lot of Law to Worry About
Federal and State Labor and Employment Laws – An Overview
Unions
Service Agreements
Checklist: Elements of a Service Agreement
11. The Producer’s Services Agreement
Major Deal Points: Producer’s Services Agreement
12. The Director’s Service Agreements
Major Deal Points: Director’s Services Agreement
13. Crew Services Agreement
Major Deal Points: Crew’s Services Agreement
14. Performers
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
15. Extras and Depiction Releases
Depiction Releases
Caution – No Fraud or Misrepresentations Allowed!
16. Locations
Why You Need a Location Release
Getting Permission to Use a Location
Major Deal Points: Location Agreement
17. 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
18. Post-Production Staff
Hiring Post-Production Artists and Technicians Directly
Artists and Technicians Provided by Post-Production Facilities
19. Music
Music Licensing
Major Deal Points: Music Licensing Agreement
Stock and Royalty-Free Music
Commissioned Music
Major Deal Points: Composer’s Services Agreement
20. Film Clips and Stock Footage
Stock Footage Company
Movie Studio Footage
Major Deal Points: The Film Clip License Agreement
The National Archives
21. Credits & Copyright Notice
Copyright Notice and Disclaimer
Part VIII. Distribution
22. 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
IX. Conclusion, Law Library Appendices A–D
The Law Library
Appendix A: A Filmmaker’s Guide to Intellectual Property Law
1. Copyright Law
2. Right of Publicity
3. Violation of Privacy Rights
4. Libel and Defamation
5. Moral Rights
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