Displaying posts tagged with

“Motion picture law”

Common Myths of “Fair Use”

Most people have heard the term “fair use” in the context of copyright, but it seems that very few really understand it. They seem to think it gives them the right to use someone else’s work under certain conditions. First of all, fair use is not a “right” at all, it is an “affirmative defense.” […]

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Entertainment Contracts: Part Two–Clauses to Include

In my last blog article, I wrote about the basics of every contract. But there are a few other clauses that should be in every entertainment contract, although these are sometimes overlooked. Here is a brief (and I emphasize the word brief) description of some of those paragraphs that should be included. As always, for […]

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Understanding Entertainment Contracts: Deliverables

In the context of a distribution agreement, deliverables are the materials that a distributor needs in order to release the film. It might include a negative from which to make prints for theatrical release, or it might be a color corrected video version for television broadcast or DVD release.

Deliverables also include publicity materials, such as photographs, biographical materials, and perhaps behind-the-scenes footage.

Whatever the form of your other deliverables, you will always need to deliver the legal documentation proving that you own all the elements of your picture.

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Using Snippets of Music in Your Film

If your film is a documentary or news piece that comments on music (whether your comment is positive or negative), you may be entitled to use segments of the music to illustrate your point. If your film is a fiction narrative and the characters happen to be discussing a particular piece of music, whether that can be considered fair use is a bit more of a gray area.

United States Copyright law (in 17 U.S.C. § 107) contains a provision for “fair use of a copyrighted work” for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. This provision allows, among other things, journalists and critics to quote passages of a work in their reportage on that work.

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Attachments to Screenplays

In simple terms, an attachment is someone (other than a writer) who has become involved with developing a screenplay to production and must be hired when production begins. When someone in the movie business says there is an attachment to a script, this is usually what they’re talking about. Usually, attachments are made because the script is good, but the writer is unable to get it to the “right people.” The “attachment agreement” can be a simple writing between the parties to record their mutual understanding of what is being promised.

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Why does a Filmmaker need a Lawyer?

Filmmakers need lawyers to advise them on their rights, protect those rights, and make sure those rights are accurately documented.

One of the saddest things I see in my practice is a filmmaker with a completed project who can’t sell it because the legal documentation isn’t correct. Why is this sad? Because it’s completely preventable.

Let me share with you one of the most important principles of professional film making: It doesn’t matter how good your movie is, if your legal work isn’t right, you don’t have a film to sell. (NOTE: if you’re making a home movie you plan to never show to the public, legal documentation is far less important.)

Why?

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Welcome! Introducing the Production Counsel Blawg

Discusses the meaning of the word “blawg”, how the Production Counsel Blawg came about, and the dangers of not having a lawyer review entertainment agreements. Includes a biographical introduction to the blog’s author.

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