Dealmaking in the Film & Television Industry: From Negotiations to Final Contracts

Title Page
Copyright
Disclaimer
Acknowledgments
List of Contracts
Case Summaries
PREFACE TO THE FOURTH EDITION
CHAPTER 1
The American Film Industry
The Movie Industry Then and Now
The End of The Studio System
A Unique Product
Coping With Risk
Managing a Creative Enterprise
CHAPTER 2
Disincentives to Good Filmmaking
Types of Contracts
Contract Law as a Remedy for Story Theft
Types of Deals
CHAPTER 3
Depiction and Location Releases
Location Release
CHAPTER 4
Copyright Search
Errors and Omissions Insurance
Protection of Titles
Identifiable Products, Locations, And Persons
Film Clips
CHAPTER 5
Shopping
CHAPTER 6
Loan-Out Companies
Independent Contractors Versus Employees
Writers
WGA Credit Arbitration
Directors
Actors
Producers
Crew and Other Employment
CHAPTER 7
Writers
How Writers Are Exploited
Rights of Writers Guild Members
Summary of Wga Basic Agreement
Features
Television
Collaborating with Others
Directors
Rights of Directors Guild Members
Creative Decisions
Disclosure
Deal Memo
Hiring Crew
Casting Sessions
Facilities
Stunts
Dailies
Post-Production
Director’s Cut
Protection Against False Story-Theft Claims
Obscenity
Actors
Admission to Sag-Aftra
Guilds and Unions
Notable SAG-AFTRA Rules
Rights of SAG-AFTRA Members
CHAPTER 8
Soundtracks
Nature of Music Rights Needed
Distribution of the Soundtrack Album
CHAPTER 9
The Difference Between Markets and Festivals
International Distribution
Borrowing Against Pre-Sales
Domestic Distribution
Service Deals
Four Wall Releases
New Media Distribution
Orchestrating the Distribution Deal
Self-Defense Tips for Filmmakers
Chain of Title
Home Video Distribution
CHAPTER 10
Techniques to Induce a Studio to Make a Deal
CHAPTER 11
Art Buchwald v. Paramount
Distributor Obligations
Creative Accounting—Tricks of the Trade
CHAPTER 12
Protecting Your Copyright and Title
Copyright Basics
Criteria for Copyright Protection
The Four Criteria
Copyright Notice
The Rights of the Copyright Holder
Limits on Copyright
Ownership of Copyright
Duration of Copyright
Difference Between 1909 and 1976 Copyright Acts
Copyright Registration and Deposit
Advantages of Registration
Preregistration
Registration After Berne
Requirement of Registration upon Publication
Transfers of Copyright Interests
Artist’s Moral Rights
Writers Guild of America Registration
CHAPTER 13
CHAPTER 14
Constitutional Limitations
Types of Defamation
Publication
Defenses and Privileges
Public Figures and Public Officials
CHAPTER 15
Intrusion into One’s Private Affairs
Public Disclosure of Embarrassing Private Facts
Appropriation
False Light
CHAPTER 16
Trademarks
Creation of Trademark Rights
The Federal Registration Process
Benefits of Registration
Grounds for Refusing Federal Registration
Maintenance of the Mark
Madrid Protocol
Unfair Competition
CHAPTER 17
Guild Remedies
Arbitration
Commencing AAA Arbitration
Selecting an Arbitrator
The Arbitration Hearing
After the Award
IFTA Arbitration
Commencing IFTA Arbitration
IFTA Pre-Arbitration Settlement Procedure
Arbitrator Fees
Litigation
Jurisdiction
CHAPTER 18
Attorneys
Agents
Personal Managers
GLOSSARY OF TERMS
APPENDIX
Books and Publications
Bookstores
Libraries
Guilds, Associations, and Unions
Protecting Titles
Filmmaker Organizations
Education
INDEX
ABOUT THE AUTHOR
CONTRACTS ON COMPUTER DISK