"I wish I could have had this book when I was starting out in the business. An invaluable reference work." —Alan Poul, producer, Westworld
The legal resources of studios and networks are legendary, often intimidating independent producers, writers, actors, directors, agents, and others as they try to navigate through the maze of legal details. This invaluable reference presents the interests of talent as well as the point of view of creative executives, producers, entertainment attorneys, agents and managers, and major guilds—making clear the role that each plays in the dealmaking process. Readers will find expert insights to talent and production deals for television, feature film, video, and the Internet, as well as an in-depth overview of net profits and other forms of contingent compensation. Hollywood Dealmaking, Third Edition, also addresses digital and new platforms, changes resulting from new union agreements, and the evolution in feature film back-end (profit participation) deals. In addition, this comprehensive guide includes:
Explanations of employment deals
Details of rights acquisition
Basics of copyright law
Sample contracts and forms
Glossary of industry lingo and terminology
And much more!
Peppered with facts on the deals of superstar players and with summaries in each section to clarify complex legal issues, Hollywood Dealmaking, Third Edition, is an essential resource for industry novices and veterans alike who want to sharpen their negotiation skills and finalize the deals they have been seeking.
Author(s): Dina Appleton, Daniel Yankelevits
Edition: 3rd Edition
Publisher: Allworth
Year: 2018
Language: English
Pages: 0
Tags: Entertainment Business; Media; Negotiation
Chapter 1 Introduction to the Dealmaking Process 1
The Players 1
Studio vs. Independent Producers 14
The Art of Negotiation: Tips from Industry Players 15
Chapter 2 The New Landscape 23
The Changing Landscape 23
Observations and Insight from Industry Players 26
Chapter 3 Rights and Acquisitions Agreements 51
The Option/Purchase Deal 52
Life Story Rights Agreements 68
Format Rights 75
Deal Point Summary: Rights and Acquisitions Agreements 77
Chapter 4 Feature Writer Agreements 78
Making the Deal 79
Deal Point Summary: Feature Writer Agreements 106
Chapter 5 Television Writer/Producer Agreements 108
The Economics of Television 108
Making the Deal 114
Writers on Staff 131
Overall Deals 133
Blind Script Deals 134
Deal Point Summary: Television Writer/Producer Agreements 135
Chapter 6 Feature Film and Television Director Agreements 136
Feature Directors 136
Television Directors 154
Deal Point Summary: Film and Television Director Agreements 157
Chapter 7 Film Producer Agreements 158
Services: The Producer's Role 158
Making the Deal 159
Deal Point Summary: Film Producer Agreements 172
Chapter 8 Feature Actor Agreements 173
Negotiating the Deal 173
Deal Point Summary: Feature Actor Agreements 195
Chapter 9 Television Actor Agreements 196
Negotiating the Deal 197
Renegotiation 214
Holding Deals 216
Movies for Television/Movies of the Week 217
Deal Point Summary: Television Actor Agreements 218
Chapter 10 Crew (Below-The-Line) Agreements 219
Sample Deal Memo: Feature Film Composer 223
Sample Deal Memo: Television Pilot/Series Casting Director 224
Sample Deal Memo: Music Editor, TV Series 225
Sample Deal Memo: Postproduction Supervisor, Feature Film 226
Sample Editor Agreement 226
Deal Point Summary: Crew (Below-the-Line) Agreements 231
Chapter 111 Net Profits Negotiations 232
Feature Film Net Profits 232
Key Terms 237
Negotiable Issues/Areas of Complaint 245
Gross and Adjusted Gross Receipts (AGR) 252
Television MAGR 252
Qver-the-Top Media Services 256
Accounting Statements 257
Conclusion 257
Deal Point Summary: Net Profits Negotiations 259
Chapter 12 The Basics Of Copyright Law 260
Questions about Copyright 260
The Digital Millennium Copyright Act 269
Chapter 13 Reality Television 274
What Is Reality TV? 275
Agreements for Reality TV 276
Guild Applicability 280
Chapter 14 Digital Content Agreements 282
Rights Granted: Copyright Is Key 286
Method of Transmission 287
Type of Service 289
Authorized Devices 290
Fees/Allocation of Costs 290
Barter Deals 291
Reserved Rights 292
Sublicensing 292
Security Measures 292
Term 292
Reporting Frequency 293
Warranties and Indemnities 293
Subsequent Productions 294
Consultation and Approval Rights 294
Guild Applicability 295
Deal Point Summary: Digital Content Agreements 296
Appendix A Sample Contracts/Forms 297
Certificate of Authorship/Certificate of Employment 298
Nudity Rider 300
Publishers Release 302
Materials Release/Submission Release 303
Annotation Guide 305
Personal Depiction Release 306
Life Story Option/Purchase Agreement 309
Screenplay Purchase Agreement 314
Exhibit "A" to Screenplay Purchase Agreement Short-Form Assignment 326
Shopping Agreement/Attachment Agreement 328
Pilot/Series Television Writer/Producer Agreement 331
Form of Reality Series Participant Agreement 344
Appendix B The Lingo 367
Acknowledgments 383
About the Authors 384
Index 385
