Understanding the business of media entertainment : the legal and business essentials all filmmakers should know

Cover
Half Title
Praise for Understanding the Business of Media Entertainment
Title Page
Copyright Page
Dedication
Table of contents
Acknowledgments
Introduction to the Second Edition
	First Things First – A Few Words About This Second Edition
Section 1 Law and Entertainment
	Chapter 1 Copyright Law
		Introduction
		In the Beginning
		What Works Qualify for Copyright Protection?
			Work of Authorship
			Original Works
			Works Fixed in a Tangible Medium of Expression
		What Can’t be Copyrighted?
			Ideas
				Protecting Ideas via Contract Law
			Facts
			Titles
			Fictional Characters
		When does Copyright Ownership Begin, and What do You Have to do to Secure Copyright Ownership?
		What Specific Rights do Copyright Owners Receive?
			The Right to Reproduce
			The Right to Prepare Derivative Works
			The Right to Distribute Copies
			The Right to Perform Publicly
			Licensing and Divisibility of Copyright
		Joint Works
		Work for Hire
		How Long does Copyright Last?
		Copyright Infringement
			Access
			Substantial Similarity
			Striking Similarity
		Fair Use
			Fair Use Factor #1: The Purpose and Character of the Use
			Fair Use Factor #2: The Nature of the Copyrighted Work
			Fair Use Factor #3: The Amount and Substantiality of the Portion Used
			Fair Use Factor #4: The Effect on the Market Value of the Underlying Work
		Notes
	Chapter 2 Music Copyright
		Introduction
		Music and Copyright Law
			Compulsory Mechanical License
			Sound Recordings
			Ownership of Sound Recordings
			Sampling and Mash-Ups
		Music Publishing
		Licenses
			Synch License
			Performance License
			Grand Rights
		Notes
	Chapter 3 Copyright and Piracy
		Introduction
		The Betamax Case
		Napster and Grokster
		YouTube and the Digital Millennium Copyright Act
		Piracy’s Current Impact
		Morality and Digital Piracy
		Notes
	Chapter 4 International Copyright
		The Berne Convention
		Moral Rights
		Notes
	Chapter 5 First Amendment Law
		Introduction
		Entertainment and “Speech”
		Obscenity
		Indecent Speech
		The Internet and Indecent Speech
		Violence in Entertainment
		Voluntary Censorship
		Libel and Slander
			Public Figures
		Invasion of Privacy
			Intrusion
			Public Disclosure of Private Facts
			False Light
			Misappropriation of Someone’s Name or Likeness
			Right of Publicity
		Defamation and Invasion of Privacy: Life Rights Agreements
		Notes
Section
2 Entertainment Companies
	Chapter 6 The FCC and Government Regulation of the Media
		Introduction
		Vertical and Horizontal Integration
		The FCC: Basics
		The Right to Broadcast
		Licensing and FCC Media Ownership Rules: 1934–1980
		Film Regulation: 1934–1980
		TV and Film Regulation Since 1980
		Net Neutrality and Internet Regulation
		Regulation: Where We are Today
		Notes
	Chapter 7 Media Growth and Ownership
		Introduction
		Film: The First Few Decades
			Paramount Pictures
			MGM
			Warner Bros.
			20th Century Fox
			RKO Pictures
			Universal Pictures
			The Walt Disney Company
			Columbia Pictures
			United Artists
		The Early Days of Radio and Television
			Columbia Broadcasting System (CBS)
			National Broadcasting Company
			American Broadcasting Company
		Media Conglomeration
			1962–1980
				Universal Pictures (Sold to MCA)
				Paramount Pictures (Sold to Gulf and Western)
				United Artists (Sold to Transamerica)
				Warner Bros. (Sold to Seven Arts and then to Kinney National Company)
				MGM (Sold to Kirk Kerkorian)
			1980–2000
				Columbia Pictures (Sold to Coca-Cola and then to Sony Corporation)
				Warner Communications (Bought Time Inc. and Turner Broadcasting System)
				Universal Pictures (Sold by MCA to Matsushita, then Seagrams, then Vivendi)
				Paramount Pictures (Sold by Gulf and Western to Viacom)
				MGM (Sold Multiple Times)
				20th Century Fox (Sold to News Corp.)
				NBC (Sold to General Electric)
				CBS (Sold to Lowes Inc. and then to Westinghouse)
				ABC (Sold to Capital Cities)
				Walt Disney Company (Bought Capital Cities Communications)
				Dreamworks SKG Created
			2000–2018
				CBS (Sold by Westinghouse to Viacom)
				Time Warner (Bought by AOL, then Divorced AOL)
				Universal Pictures (Sold by Vivendi to General Electric)
				Dreamworks SKG (Bought by Paramount Pictures, then Divorced from Paramount)
				Universal and NBC (Sold by GE to Comcast)
				Time Warner Cable (Acquired by Charter Communications)
				Time Warner (Acquired by AT&T)
				20th Century Fox (Major Film and TV Assets Bought by Disney)
					YouTube (Acquired by Google)
					AOL and Yahoo (Acquired by Verizon Communications)
		Media Ownership Today
			CBS/Viacom
			Comcast
			AT&T
			21st Century Fox
			The Walt Disney Company
			Sony
		The Impact of Media Conglomeration
		Notes
	Chapter 8 Unions, Agents, and Managers
		Entertainment Unions
			Introduction
			Guild Governance
			Guild Contracts
			Minimum Salaries and Benefits
			Working Conditions
			Credit
			Jurisdiction
			Residuals
				Residuals and the History of Entertainment Union Strikes
			Unions, Strikes and Sharing the Wealth
		Agents and Managers
			Introduction
			Types of Agents and Agencies
			What Do Agents Do?
			Rules Governing Agents
			Becoming an Agent
			Getting an Agent
			Managers
		Notes
Section 3 What Studios Do
	Chapter 9 Development
		Choosing Ideas
			Where Do Film and TV Pros Look for Ideas to Develop?
			New Writers and Producers: Choosing Ideas
			The Artistic Perspective
			The Business Perspective
		Studio Film Development
			Developing Projects On Your Own
		Television Development
			Who Can Pitch and Develop TV Shows?
		Some Thoughts about Development Hell
		The End of Development
		Which Studio Departments Manage Development?
			Production Department
			Business Affairs
			Legal Department
		Production and Post-Production: The Filmmakers Take Over
		Notes
	Chapter 10 Distribution
		Introduction
		The High Cost of Traditional Film Distribution
			The Need to Market Big, Spend Big and Open Big
		Distribution Strategy
		Distribution Personnel and Activities
		Following the Money and Ancillary Revenues
		The Impact of High Distribution Costs on Content
		Television Distribution
			Types of Distribution Revenue – Advertising
			Types of Distribution Revenue – Sales of Physical Discs
			Types of Distribution Revenue – Syndication
			Types of Distribution Revenue – Cable Channels’ Carriage Fees
				Subscription Services and the Future of Television Distribution
		Epilogue – Other Studio Departments
		Notes
Section 4 Money and Contracts
	Chapter 11 Gross and Net Proceeds
		Introduction
		Film Accounting: When is a Film “Profitable”?
		Gross Proceeds and Net Proceeds
			“Defined Gross” – i.e. The Revenue Pot
			Gross Proceeds
			Net Proceeds
		The Internet Companies and Profit Participations
		Notes
	Chapter 12 Entertainment Contracts
		Introduction
		Rights Agreements: Option/Purchase Contracts
			What It Means to Option a “Property”
			Conditions Precedent
			Exclusivity
			Option Periods – Initial Option Period and Option Extension Periods
			Option Period Costs
			Permitted Option Period Activities
			Exercise of Option
			Purchase Price – Fixed Compensation
			Purchase Price – Contingent Compensation
			Grant of Rights
			Reserved Rights
			Payments for Sequels and Remakes
			Representations, Warranties, and Indemnities
			Credit
			Consultation/Approval Rights
			Travel and Perks
			Force Majeure
			Right to Assign
			No Obligation to Produce
			Options and Life Rights Agreements
		Agreements for Screenwriters
			Conditions Precedent
			Guaranteed Writing Services
			Optional Writing Services
			Writing Periods
			Reading Periods
			Exclusivity
			Compensation
				Fixed Compensation
				Bonus and Contingent Compensation
			Credit
			Work for Hire – Grant of Rights/Results and Proceeds
			Right of First Negotiation
			Warranties, Representations, and Indemnities
			Travel and Perks
			Force Majeure and Right to Assign
			Certificate of Authorship
			A Few Words about Contracting with Netflix, Amazon, and Other Internet Content Producers
		Agreements for Directors
			Conditions Precedent
			Services
			Exclusivity
			Compensation
				Development Fee
				Fixed Directing Fee
				Contingent Compensation
			Pay or Play
			Credit
			Approval/Consultation Rights
			Cuts and Previews
			Production Requirements
			Grant of Rights (a.k.a. “results and proceeds”)
			Sequels and Remakes
			Representations, Warranties, and Indemnities
			Work for Hire, Right to Assign, and Travel and Perks
		Agreements for Actors
			Services
			Start Date
			Compensation
			Pay or Play
			Credit
			Dressing Room
			Hair and Makeup and Wardrobe
			Still Photograph and Likeness Approval
			Nudity
			Merchandising
			Representations, Warranties and Indemnities/Suspension and Termination/Force Majeure/Right to Assign
			Travel and Perks
		Agreements for Producers
			Conditions Precedent
			Services
			Exclusivity
			Compensation
			Pay or Play
			Credit
			Approval/Consultation Rights
			Grant of Rights
			Turnaround Right
			Warranties, Representations, and Indemnities
			Production Requirements
			Suspension and Termination, Force Majeure, Right to Assign, Travel and Perks
		Notes
	Chapter 13 Independent Film Development, Financing, Contracts, and Distribution
		Introduction
		Development
		Film Financing
			Studio Financing
			Crowdfunding
			Angel Investors
			Foreign Pre-Sales
			Tax Incentives
			Gap Financing
			Negative Pick-Ups
			Television Financing
		Negotiating Contracts with Independent Filmmakers
		Film Distribution
		Film Finance and Distribution Deals
		Notes
Section 5 Voices
	Chapter 14 Making It Into the Business
		Michael Poryes
		Cynthia Kanner
		Mike Knobloch
		Hamilton Sterling
		Dana Lustig
		Maureen Tunney
Index