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The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers
* You have an idea you want to pitch to a production company; how do you safeguard your concept?
* There's a painting in the background of your independent film; is it necessary to clear the rights?
* The screenplay you and a friend wrote gets optioned; how do you split the proceeds fairly?
* How do you get a script to popular Hollywood actors or deal with their agents?
Find quick answers to these and hundreds of other questions in The Pocket Lawyer for Film and Video, the next best thing to having an entertainment attorney at your beck and call. Written by a TV-producer-turned-entertainment-lawyer, this no-nonsense reference provides fast answers in plain no law degree required! The Pocket Lawyer is designed to help producers reduce legal costs by providing the vital information needed to make informed decisions on the legal aspects of film, video, and TV productions.
Film and video production is a litigation lighting actors get hurt, copyrights are infringed, and contracts are broken. Big-budget producers have lawyers on retainer, but many independent filmmakers are left legally exposed. Arm yourself with the practical advice in this book. You will not only avoid common pitfalls, but become empowered in your daily work. Too many otherwise competent producers turn over every aspect of the deal negotiations to their lawyers and agents. This book explains the principal deals common to every production, putting producers back in the co-pilot seat with their representatives.
The format is carefully designed for quick reference, so you get the answers you need, fast. Features
* Clause explains the meaning and impact of typical contract clauses, taking the headache out of reading them.
* instantly answers the most commonly asked legal questions.
* alerts you to critical areas and common mistakes.
* advice on unions, escrow accounts, etc. for producers who want to distribute their video widely.
* There's a painting in the background of your independent film; is it necessary to clear the rights?
* The screenplay you and a friend wrote gets optioned; how do you split the proceeds fairly?
* How do you get a script to popular Hollywood actors or deal with their agents?
Find quick answers to these and hundreds of other questions in The Pocket Lawyer for Film and Video, the next best thing to having an entertainment attorney at your beck and call. Written by a TV-producer-turned-entertainment-lawyer, this no-nonsense reference provides fast answers in plain no law degree required! The Pocket Lawyer is designed to help producers reduce legal costs by providing the vital information needed to make informed decisions on the legal aspects of film, video, and TV productions.
Film and video production is a litigation lighting actors get hurt, copyrights are infringed, and contracts are broken. Big-budget producers have lawyers on retainer, but many independent filmmakers are left legally exposed. Arm yourself with the practical advice in this book. You will not only avoid common pitfalls, but become empowered in your daily work. Too many otherwise competent producers turn over every aspect of the deal negotiations to their lawyers and agents. This book explains the principal deals common to every production, putting producers back in the co-pilot seat with their representatives.
The format is carefully designed for quick reference, so you get the answers you need, fast. Features
* Clause explains the meaning and impact of typical contract clauses, taking the headache out of reading them.
* instantly answers the most commonly asked legal questions.
* alerts you to critical areas and common mistakes.
* advice on unions, escrow accounts, etc. for producers who want to distribute their video widely.
360 pages, Paperback
First published January 1, 2007
21 people are currently reading
142 people want to read
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Displaying 1 - 4 of 4 reviews
May 18, 2011
I'd visited Volunteer Lawyers for the Arts in NYC for advice on reviewing a distributorship agreement. Since I wasn't certain of receiving legal help, I'd asked if there were any resources that they'd recommend. They suggested this book - The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers.
The book is divided into these sections: (1) Contracts and Intellectual Property; (2) Financing Your Movie; (3) Creating, Acquiring, and Managing Film Property; (4) Production Service Agreements, Product Placement and Hiring Cast and Crew; (5) Production - depiction releases, location releases, copyrights on the set, artwork license, representations and warranties, trademarks on the set, E&O and contractual obligations; (6) Post-Production issues: Music Licensing, Prerecording Music Licensing, Composer's Service Agreement; Film Clip License Agreements; Credits & Copyright Notes; (7) Distribution Agreements: traditional distribution deals, distributor's fee deal, major deal points, distributor's expenses, tips for attracting a distributor, a DIY plan, dvd distribution, DIY online distribution, content aggregator deals; and (8) Law Library and Appendixes with A Filmmaker's Guide to Intellectual Property; A Filmmaker's Guide to Contract Law; A The Clause Companion; and A Filmmaker's Guide to Labor and Employment Law.
The book can be read by topic or in order. I did a particularly close reading of the section on distributorship agreements. In his discussion of distributorship agreements, Crowell provides a clear explanation of how money from ticket sales gets to the distributor and producer and approximate percentages and amounts that the distributor usually reaps. I found his chart of the Theatrical Distribution Money Pipeline particularly helpful. Crowell also gives helpful notes on what an independent producer should pay particular attention to and where a distributor might try to pass on costs that are traditionally their responsibility. Crowell's expertise and experience are particularly helpful in this regard and in spotting different sources of revenue, media and markets where a distributor can distribute a film (e.g., theatrical, free tv, pay tv, VOD and PPV, home video, commercial video, internet, airline, ship, hotel/hospitality, scholastic, and military). Crowell's advice on what is market (particularly in the areas of "distributor's recoupable expenses", nonrefundable advances from distributor, territorial minimums for distributor, financial thresholds in terms of gross receipts when negotiating the term period of a distribution agreement), what a producer should be careful not to grant (or to carefully negotiate), and when not to cede control is critically important, is worth the price of the book.
As the book stresses, each contract is different. This book isn't a contract form book, it's a book that introduces readers, producers and creatives on the legal and financial aspects of producing, marketing and distributing a film. Appendix C: The Clause Companion lays out the major deal points that should be negotiated and agreed upon before the contracts are prepared and signed. Here are some of the areas that Crowell explains: approval (resolving creative differences); types of compensation (fixed, contingent, deferred, participation, residuals, royalties and bonuses); conditions precedent to the agreements; credits; engagement (service contracts); special clauses, such as favored nation clause, holdback provisions, key man clauses, kill fees, net profits, option on future services, and pay or play clauses; representations and warranties; rights granted, reserved rights and the reversion of rights.
The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers is a strong resource, written in clear language, with a detailed and helpful index. I highly recommend it for film producers, people in the film industry, and lawyers who want a better understanding of the business side of filmmaking and "what is market."
ISBN-10: 9780240813189 - Paperback $34.95
Publisher: Focal Press; 2 edition (January 20, 2011), 472 pages.
Review copy courtesy of the Amazon Vine Program.
The book is divided into these sections: (1) Contracts and Intellectual Property; (2) Financing Your Movie; (3) Creating, Acquiring, and Managing Film Property; (4) Production Service Agreements, Product Placement and Hiring Cast and Crew; (5) Production - depiction releases, location releases, copyrights on the set, artwork license, representations and warranties, trademarks on the set, E&O and contractual obligations; (6) Post-Production issues: Music Licensing, Prerecording Music Licensing, Composer's Service Agreement; Film Clip License Agreements; Credits & Copyright Notes; (7) Distribution Agreements: traditional distribution deals, distributor's fee deal, major deal points, distributor's expenses, tips for attracting a distributor, a DIY plan, dvd distribution, DIY online distribution, content aggregator deals; and (8) Law Library and Appendixes with A Filmmaker's Guide to Intellectual Property; A Filmmaker's Guide to Contract Law; A The Clause Companion; and A Filmmaker's Guide to Labor and Employment Law.
The book can be read by topic or in order. I did a particularly close reading of the section on distributorship agreements. In his discussion of distributorship agreements, Crowell provides a clear explanation of how money from ticket sales gets to the distributor and producer and approximate percentages and amounts that the distributor usually reaps. I found his chart of the Theatrical Distribution Money Pipeline particularly helpful. Crowell also gives helpful notes on what an independent producer should pay particular attention to and where a distributor might try to pass on costs that are traditionally their responsibility. Crowell's expertise and experience are particularly helpful in this regard and in spotting different sources of revenue, media and markets where a distributor can distribute a film (e.g., theatrical, free tv, pay tv, VOD and PPV, home video, commercial video, internet, airline, ship, hotel/hospitality, scholastic, and military). Crowell's advice on what is market (particularly in the areas of "distributor's recoupable expenses", nonrefundable advances from distributor, territorial minimums for distributor, financial thresholds in terms of gross receipts when negotiating the term period of a distribution agreement), what a producer should be careful not to grant (or to carefully negotiate), and when not to cede control is critically important, is worth the price of the book.
As the book stresses, each contract is different. This book isn't a contract form book, it's a book that introduces readers, producers and creatives on the legal and financial aspects of producing, marketing and distributing a film. Appendix C: The Clause Companion lays out the major deal points that should be negotiated and agreed upon before the contracts are prepared and signed. Here are some of the areas that Crowell explains: approval (resolving creative differences); types of compensation (fixed, contingent, deferred, participation, residuals, royalties and bonuses); conditions precedent to the agreements; credits; engagement (service contracts); special clauses, such as favored nation clause, holdback provisions, key man clauses, kill fees, net profits, option on future services, and pay or play clauses; representations and warranties; rights granted, reserved rights and the reversion of rights.
The Pocket Lawyer for Filmmakers: A Legal Toolkit for Independent Producers is a strong resource, written in clear language, with a detailed and helpful index. I highly recommend it for film producers, people in the film industry, and lawyers who want a better understanding of the business side of filmmaking and "what is market."
ISBN-10: 9780240813189 - Paperback $34.95
Publisher: Focal Press; 2 edition (January 20, 2011), 472 pages.
Review copy courtesy of the Amazon Vine Program.
September 7, 2012
This is a great handbook for anyone in the film or media industry. I have an earlier version of this on my Kindle, there are some additions to this version as opposed to the last one. There is updated information on film tax credit changes, production incentives. The EZ tabs on the outside of the book make it very easy to find information. There are the basics and then more in depth topics that can keep you far from having to call your entertainment attorney most of the time. When the cost per hour for some of these guys is between $200 and $400 an hour, that is always a plus! Having examples of letters of intent, as well as suggestions on distribution via Amazon, NetFlix, YouTube, etc are all covered in this volume. In the digital age, in any sort of entertainment field, you need to know these things. At the particular time that I received my own copy of the book, I needed an updated form of an NDA for an upcoming film project. It had exactly what I needed when I needed it. Keep it on your desk where you can get to it.
November 4, 2011
Definitely a filmmaker must-read!
June 14, 2010
This is more of a perpetual perusal than an actual "read".
Displaying 1 - 4 of 4 reviews