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The Pocket Lawyer for Filmmakers, 2nd Edition

Book Description

* How can you use a state's film tax credits to fund your film? SEE PAGE 63.

* You have an idea you want to pitch to a production company; how do you safeguard your concept? SEE PAGE 77. 

* How can you fund your production with product placement? SEE PAGE 157.

* How do you get a script to popular Hollywood actors and deal with their agents? SEE PAGE 222. 

 Find quick answers to these and hundreds of other questions in this new edition of The Pocket Lawyer for Filmmakers. This no-nonsense reference provides fast answers in plain English-no law degree required! Arm yourself with the practical advice of author Thomas Crowell, a TV-producer-turned-entertainment-lawyer.

This new edition features:

* New sections on product placement, film tax credits and production incentive financing, Letters of Intent, and DIY distribution (four-walling, YouTube, Download-to-own, Amazon.com, iTunes, and Netflix)

* Updated case law

* Even more charts and graphics to help you find the information you need even more quickly.

This book is the next best thing to having an entertainment attorney on retainer!

Table of Contents

  1. Cover
  2. Half Title
  3. Full Title
  4. Copyright
  5. Contents
  6. Disclaimer
  7. Dedication
  8. Acknowledgments
  9. About the Author
  10. PART I. OVERVIEW OF THE POCKET LAWYER
    1. INTRODUCTION
      1. The Audience for This Book
      2. Why This Is Not a Contract Form Book
      3. How to Use This Book
      4. Legal Issues
      5. Structure of the Book
      6. E-Z Tabs
      7. Filmmaker FAQs
      8. Key Issues at a Glance
  11. PART II. LEGAL BUILDING BLOCKS: CONTRACT AND INTELLECTUAL PROPERTY
    1. 1. COPYRIGHT AND INTELLECTUAL PROPERTY
      1. What Is a Copyright?
      2. Exclusive Rights Under Copyright
      3. The Film Property
    2. 2. ISSUES IN FILM CONTRACTING
      1. Deal Points
      2. Who Are the Parties?
      3. What Are You Getting?
      4. What Are You Giving in Exchange for What You're Getting?
      5. What Rights Do You Have or Are You Giving Up?
      6. What Promises, Representations, and Warranties Are Being Made?
      7. What Protections Do You Have?
      8. What Rules Govern the Business Relationship Between the Parties?
      9. What Happens When Something Goes Wrong?
  12. PART III. THE PRODUCTION COMPANY AND FINANCING YOUR MOVIE
    1. Filmmaking Is a Business
    2. 3. SETTING UP THE PRODUCTION COMPANY
      1. Business Concepts
      2. Types of Business Entities
      3. Loan-Out Companies
    3. 4. YOUR PROFESSIONAL TEAM
      1. Attorneys
      2. Accountants
      3. Insurance
    4. 5. FINANCING YOUR MOVIE
      1. Pay for the Film Out of Pocket
      2. Debt
      3. Equity
      4. Investors and Securities Laws
      5. Step by Step: Securities Compliance
    5. 6. FILM TAX CREDITS AND OTHER PRODUCTION INCENTIVES
      1. Production Incentives Defined
      2. Eligibility Requirements
      3. Types of Production Tax Credits
      4. Applying for State Tax Credits: An Overview of the Process
      5. Credits into Cash
      6. Working with Asset-Backed Lenders
      7. Tips for Selecting a Good Tax Credit State
  13. PART IV. DEVELOPMENT
    1. Creating, Acquiring, and Managing the Film Property
    2. 7. IDEA RIGHTS: PROTECTING YOUR PITCHES AND AVOIDING IDEA "THEFT"
      1. Nondisclosure Agreements and Submission Releases
      2. Goals and Deals
      3. Deal Points: Submission Release
      4. Deal Points: The Nondisclosure Agreement (NDA)
      5. Law: Protecting Ideas and the "Novelty" Requirement
      6. Business Issues: Finances and Costs
      7. Negotiation Tips and Tricks
    3. 8. CREATING A SCREENPLAY
      1. Writing the Screenplay by Yourself (Sole Authorship)
      2. Writing Collaboration (Writing Partners and Joint Authorship)
      3. Deal Points
      4. Step by Step: Writing Collaboration
      5. The Writers Guild of America (WGA)
    4. 9. ACQUIRING SCREENPLAY RIGHTS
      1. Buying Rights
      2. The Screenplay Option/Purchase
      3. Major Deal Points: The Option Agreement
      4. Major Deal Points: The Purchase Agreement
      5. Hiring a Screenwriter
      6. Goals and Deals
      7. Major Deal Points: Writer’s Services Agreement
      8. Screenplay Adaptations
      9. Goals and Deals
      10. Major Deal Points: The Literary Property Acquisition Agreement
      11. Life Story Rights
      12. Major Deal Points: Life Rights Consent and Release
    5. 10. CHAIN OF TITLE: THE CARE AND FEEDING OF YOUR COPYRIGHT
      1. What Is a Chain of Title?
      2. Copyright Searches and Permissions
      3. Copyright Registration
      4. The Copyright Notice
      5. Copyright Recordation, Assignments, and Transfers
      6. Certificate of Authorship
  14. PART V. PRE-PRODUCTION
    1. Production Services Agreements Agreements
    2. Product Placement
    3. Hiring Cast and Crew
    4. 11. THE PRODUCTION SERVICES AGREEMENT
      1. Getting a Network Interested in Your Project
      2. Major Deal Points: The Production Services Agreement
      3. Practice Tips
    5. 12. PRODUCT PLACEMENT
      1. Product Placement Agreement
      2. Legislative Restrictions on Product Placement and Endorsements
      3. Contractual Restrictions on Product Placement and Endorsements
      4. Tips
    6. 13. HIRING CAST AND CREW
      1. Federal and State Labor and Employment Laws: An Overview
      2. Don't Discriminate
      3. Independent Contractor or Employee?
      4. Working with Minors
      5. Unions
      6. Services Agreements
      7. Checklist: Elements of a Services Agreement
    7. 14. THE PRODUCER'S SERVICES AGREEMENT
      1. Goals and Deals
      2. Major Deal Points: Producer's Services Agreement
      3. Law
      4. Business Issues
      5. Step by Step: Hiring a Producer
    8. 15. THE DIRECTOR'S SERVICES AGREEMENT
      1. Goals and Deals
      2. Major Deal Points: Director's Services Agreement
      3. Law
      4. Business Issues
      5. Step by Step: Hiring a Director
    9. 16. CREW SERVICES AGREEMENT
      1. Goals and Deals
      2. Major Deal Points: Crew's Services Agreement
      3. Crew Member Gear
      4. Law
      5. Business Issues
    10. 17. PERFORMERS
      1. Letters of Intent
      2. The Screen Actors Guild (SAG)
      3. The Performer's Services Agreement
      4. Major Deal Points: Performer's Services Agreement
      5. Law
      6. Business Issues
      7. How to Get a Script to a SAG Actor
      8. Step by Step: Hiring Actors
  15. PART VI. PRODUCTION
    1. Quiet on the Set!
    2. 18. EXTRAS AND DEPICTION RELEASES
      1. Depiction Releases
      2. Caution: No Fraud or Misrepresentations Allowed!
    3. 19. LOCATIONS
      1. Where Are You Shooting?
      2. Why You Need a Location Release
      3. Getting Permission to Use a Location
      4. The Location Agreement
      5. Major Deal Points: Location Agreement
      6. Tips
    4. 20. WHAT'S ON THE SET?
      1. On-Set IP Infringement
      2. Copyrights on the Set
      3. Major Deal Points: Artwork License
      4. Representations and Warranties: Authorized Person
      5. Trademarks on the Set
      6. E&O and Other Contractual Obligations
  16. PART VII. POST-PRODUCTION
    1. It's in the Can
    2. 21. POST-PRODUCTION STAFF
      1. Hiring Post-Production Artists and Technicians Directly
      2. Artists and Technicians Provided by Post-Production Facilities
    3. 22. MUSIC
      1. Music Licensing
      2. Goals and Deals
      3. Major Deal Points: Music Licensing Agreement
      4. Step by Step: Prerecorded Music Licensing
      5. Stock and Royalty-Free Music
      6. Commissioned Music
      7. Major Deal Points: Composer's Services Agreement
      8. Inducement (If Dealing with a Loan-Out Company)
      9. Law
    4. 23. FILM CLIPS AND STOCK FOOTAGE
      1. Stock Footage Companies
      2. Movie Studio Footage
      3. Major Deal Points: The Film Clip License Agreement
      4. The National Archives
      5. Step by Step: Film Clips
    5. 24. CREDITS AND COPYRIGHT NOTICE
      1. Copyright Notice and Disclaimer
  17. PART VIII. DISTRIBUTION
    1. Selling Your Film
    2. 25. TRADITIONAL DISTRIBUTION
      1. What Distributors Do
      2. Types of Traditional Distribution Deals
      3. The Money Pipeline
      4. How Does the Money Get from a Movie Theater to the Producer?
      5. Distribution Rights Acquisition Agreement (Distributor's Fee Deal)
      6. Major Deal Points: Distribution Agreement
      7. Law: Copyright Issues
      8. Business Issues: Distributor's Expenses
      9. Tips for Attracting a Distributor
    3. 26. DIY Distribution
      1. Your DIY Plan
      2. DIY Theatrical Distribution
      3. The Four-Wall Agreement
      4. DIY DVD Distribution
      5. DIY Online Distribution
      6. The Content Aggregator Deal
      7. YouTube
  18. PART IX. CONCLUSION
    1. Law Library Appendices A–E
    2. The Law Library
    3. 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
    4. APPENDIX B: A FILMMAKER'S GUIDE TO CONTRACT LAW
      1. Contract Law: An Overview
    5. APPENDIX C: THE CLAUSE COMPANION
    6. APPENDIX D: A FILMMAKER'S GUIDE TO LABOR AND EMPLOYMENT LAW
      1. Employee or Independent Contractor?
      2. Employee Responsibilities
      3. Child Labor Laws: California and New York
    7. APPENDIX E: STATE FILM COMMISSION OFFICES
    8. BIBLIOGRAPHY AND RESOURCES
    9. NOTES
    10. INDEX