rtvf 74 chapter 5

  1. entertainment lawyer paid in
    lump sum up front. retainer or advance.
  2. retainer
    not used towards any fees, simply paid to retain lawyer
  3. advance
    lawyer works off on an hourly fee
  4. volunteer lawyers for the arts
    if you can't afford a lawyer
  5. intellectual property law
    copyright, trademark, patent. varies from country to country.
  6. copyright law
    protects creative expression of an idea, rough idea is core concept. the script with details is the expression (protected). life +70 years. us copyright office in DC or copyright.gov to apply.
  7. registering copyright gives
    owner advantage when seeking statutory damages, loss of profit and/or attorney's fees
  8. to see if idea is copyrighted
    do copyright search with Library of Congress
  9. work for hire clause
    in us and uk, the employer owns copyright that employee developed. the producer can negotiate for revenues from foreign broadcast rights, syndication, merchandising, etc
  10. fair use: serving public interest
    news reporting, review, analysis and critique, teaching or commentary, parody
  11. copyright act of 1976. factors to consider fair use:
    1. purpose & character of use (commercial or nonprofit) 2. nature of original work 3. amount & substantiality of portion used in relation to original work 4. effect of the use upon potential market on value of copyrighted work
  12. documentary filmmakers statement of best practices in fair use (nov 2005)
    1. employing copyrighted material as the object of social, political, or cultural critique 2. quoting copyrighted works of pop culture to illustrate point 3. capturing copyrighted media content while filming something else 4. using copyrighted material in historical sequence
  13. 2008 Recut, reframe, recycle: quoting copyrighted material in UGC
    1. satire/parody 2. negative/critical commentary 3. positive commentary 4. quoting to trigger discussion 5. illustration 6. incidental use 7. diaries 8. archiving of vulnerable materials 9. pastiche or collage
  14. creative commons license
    provides copyright licenses that allow various degrees of protection
  15. trademark
    protect consumer, US Patent & Trademark office, patent lasts 20 years from date filed
  16. orphan work
    undeclared material, proof of diligence if legal ramifications
  17. register ideas with WGA
    five years and can be renewed, non WGA members can pay a small fee
  18. postal registration
    recognized by uk and netherlands
  19. licensing
    producer pays fee for rights, brand licensing for brand merchandise and spin offs
  20. literary rights
    option (negotiate for exclusive, limited rights to the project for a fee or agreement) or you can buy rights to permanently own
  21. music must get clearance for a license that grants rights
    sync license and master use license
  22. synchronization license
    right to match a song to visual image. the publisher owns and grants rights, need clearances, the songwriter assigns copyright and shares royalties with publisher
  23. Master Use license
    right to play specific recording in content. record label owns audio recording, grants right to include specific recording of composition in timed relation to visual, some recordings have "samples" of others.
  24. requests for songs should include
    detailed project info, synopsis, genre & length, budget, creative team, funding, profit/nonprofit, distribution plans, info and addresses for license
  25. cue sheet
    list each time and place music appears in program to calculate fees paid to ASCAP or BMI. they decide who is getting paid and what % of royalties they get.
  26. cue sheet lists
    title of each song, use and timing of music cues, composers, publishers, performing rights affiliation
  27. stock music
    production music, cheaper and generally royalty-free
  28. needle drops
    sound effects provided by music libraries, reasonable to license
  29. stock footage
    archived with historical focus (16 or 35mm film) or stock footage shot for resale (high quality, cheap way to get aerial, establishing and time lapse)
  30. to get footage from network
    contact rights and clearances. they consider source of request, how clips used, fees, and licensing agreement details. could be 200 per second or $25
  31. submission release
    protects content buyers from law suits
  32. traditional contract between producers and clients specify
    how much time you agree it could take to develop, write, shoot, edit and mix project. how much money that time is worth.
  33. client prepares contract
    you and lawyer ask for explanations and changes
  34. deal memo
    most common legal deal-making document, 1-3 page letter, names job, fees, start-end dates, expectations, county and state jurisdiction
  35. more formal deal memo
    letter of agreement
  36. long form agreement
    20-70 pages, formal legalese, positions of all concerned participants
  37. literary releases and options
    clearly defined outline of the assignment of any literary rights from copyright holder to producer, project and major participants
  38. writer employment
    outlines writing/revising of final script for project, follows WGA contract formats
  39. director's employment
    terms of directors employment, dga guidelines
  40. pay or play clause
    added clause, usually part of a deal memo between producers, actors, directors, and writers. guarantees producer will pay all fees if fired or cancelled
  41. difference between film and tv contracts
    film contracts end when film ends, tv contracts last for series. start tv contract with deal memo. series employment relies on long form contracts.
  42. 3 phase deal: for smaller producers, client first agrees on estimated budget
    Phase 1: when initial contract is signed. one-third of budget goest to producer for project. Phase 2: after all principal photography is wrapped, the 2nd thirds is given. 3. when job is completed and all guarantees met, 3/3.
  43. step deal: divides fixed payments into various steps of developing script
    step 1: writer authors synopsis of idea, paid no matter what. step 2: writer completes full treatment, paid no matter what. step 3. one writer develops script. more writers may be paid to write dialogue or relationships
  44. often, network gives producer
    full budget. producer negotiates for license fee with buyer for how much to pay
  45. coproduction financing
    producer grants license for specified rights to end user who can transmit program domestically over a period of time. producer can then negotiate with other countries
  46. why coproduction financing is complicated
    home video rights, new media rights, territory extensions
  47. most favored nation
    casting, ensures equal opportunities to all, same salary and working conditions, union scale +10%
  48. completion bond
    form of insurance sometimes required, guarantees to client that you can complete job under/on budget by date, bond holders have legal control. costs 3% of budget's total
  49. worker's compensation
    liability insurance
  50. no attorney?
    rely on shareware template forms
  51. unions
    sag, dga, wga, nabet-cwa, aftra, afm, pga, iatse
  52. ancillary revenues
    1. network totals revenues from project. "creative accounting" gives them net profits. producer gets money up front, in salaries, lines on budget. 2. network deducts production costs and distribution fee from net profits. 3. network divides leftover profit up with producer
  53. digital millennium copyright act protects
    platform providers from litigation and bans piracy. social networking and UGC
  54. purpose of copyright law
    protects authors capacity to obtain commercial benefits from work and to allow author to control how work is distributed and used
  55. greatest challenge is to
    change cultural mindset of digital natives
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rtvf 74 chapter 5