Jul 12, 2022 | Film & TV, Filmmakers
You hold the copyright to a movie, short film, etc. once it has been put into a fixed form as the creator, however actually registering that copyright provides additional protection against infringement.
The Copyright Act defines “motion pictures” as “audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” 17 U.S.C. § 101 – which includes TV Shows, video games, animation, videos, and similar types of works .
The Copyright Act further defines “audiovisual works” as “works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.” (17 U.S.C. § 101).
In the event someone does infringe upon your rights as a creator, the attorneys at Arrington & Phillips, LLP can help you seek statutory damages in both domestic and international matters.
Jul 11, 2022 | Business Law, Legal Community, LLC Business
The Law Office of Arrington & Phillips, LLP is a full service law firm prepared to meet all of your business legal needs and corporate interests in the Atlanta Metropolitan area. Our attorneys have been instrumental in organizing business ventures, developing business plans, planning for strategic growth, and helping clients pursue merchandising and other profit-making venues for their creations. We counsel our clients as to the protection, acquisition, and licensing of copyrights, trademarks and other proprietary rights.
Create your own business service bundle
ArringtonPhillips.com, or call 404.349.2330 to get started today.
Jul 7, 2022 | Film & TV, Filmmakers
Whether you are a radio or T.V. personality, film professional, producer or production company – you need professional expertise and proven experience to represent your creative interests. The knowledgeable attorneys at Arrington & Phillips, LLP are experienced in handling the intricate aspects of film and television law. Get advised on all stages of production deals including: the acquisition of rights and development, financing, preproduction, production, distribution, and business affairs.
Take advantage of a package deal on legal services by visiting ArringtonPhillips.com/FTV.
Jul 7, 2022 | Film & TV, Filmmakers
As a producer, thinking about your legals is likely the least exciting part of your job. But it’s probably something you think about more than you want to! That’s because the legal side of what you do can have such a big impact on the commercial side. When you’re creating music, film or other creative works in collaboration with other creatives, there are a range of legal issues that come into play and impact how you run your business. One of the biggest things you should be thinking about is intellectual property ownership — but there’s also things like payment, deadlines, liability protections, deliverables and confidentiality to consider. The easiest way to cover yourself is normally to put in place a Producer Agreement.
What Is A Producer Agreement?
A Producer Agreement is pretty much what it sounds like! It’s a legal contract between a producer and their clients. It sets out the terms and conditions under which a product will create music, film or other creative works for their clients. It can be something clients sign at the start of each project, or it can be more like an ongoing retainer. In any case, a Producer Agreement is best when it’s signed before you start working with anyone, so that everyone has clear expectations about their position moving forward.
What’s Included In A Producer Agreement?
The specific contents of a Producer Agreement vary depending on exactly what kind of work you’re doing. However, a standard agreement typically includes clauses like:
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Scope of services: What services will the producer provide? What exactly is included and what is excluded?
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Liability protections: Who is responsible if things go wrong?
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Intellectual property ownership: Who owns the intellectual property in the final deliverable? And who owns all the IP used before and after the project?
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Payment and late payment: How much will the producer get paid? How will they get paid (e.g. is it a one off payment or is it in royalties?)? And what happens if the client doesn’t pay or pays late?
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Confidentiality: Is there anything that needs to be kept confidential between the parties?
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Term and termination: How long does the contract go for? How do you get out of it?
Producer Agreement Example
Shae is an electronic music producer. He does a lot of work with his friend, Grace, who is a professional singer. Recently, Grace recorded vocals for a new song and sent it to Shae, asking him to collaborate on the music and produce it for her.
Shae agrees, as long as he owns the IP in the music while Grace owns the IP in the lyrics. They sign a Producer Agreement, which covers other matters like timing, payment and confidentiality.
At the end of the project, Shae and Grace release the song and it’s a huge success. Grace approaches Shae, saying that she should be getting paid more for the song’s success because it was her idea in the first place. Shae shows her the agreement they signed, and they have a candid discussion about what they originally agreed on and why.
In the end, Grace confirms that she still agrees with the original contract they signed, and they decide to pursue another project together off the back of their recent success.
Need Help With A Producer Agreement?
Having a properly drafted Producer Agreement is really important – it helps set your expectations with your clients, secures your payments and protects your intellectual property and other legal risks. However, if you don’t have legal experience it can be hard to know whether you’ve got it right. Having a lawyer help you draft a legally sound Producer Agreement will give you clarity around your engagement, and also relieve you from the stresses associated with the legal side of the business so you can focus on what you love to do!
At Sprintlaw, we have a team of experienced lawyers who can assist you with drafting a Producer Agreement. Get in contact with one of our consultants for a no-obligation chat on how we can help you put together a Producer Agreement and help with any other legal issues your business may have.
Jul 6, 2022 | Entertainment Industry, Music Law
While music law focuses primarily on copyright law and licensing, music law also involves other areas of law in the music business. Other types of law that are part of music law include:
Contract law
Contracts are at the heart of the music business. Artists, song writers, producers, distributors and even consumers rely on contracts to create, sell and listen to music. Many performers and event producers are independent contractors, and music producers rely on distributors to sell their work. For all of these people in the music industry, contracts are important to make sure that everyone involved has clear expectations. Even consumers use contract law in the music industry. Anyone who buys a subscription to a music service or even buys a concert ticket has some interaction with music-related contract law.
Immigration and visa requirements
Performers who travel to another country in order to perform for pay often need an immigration visa for that purpose. To enter the United States, non-citizen musicians generally need one of a number of different P category visas depending on the nature of their work. Music lawyers must help their clients secure the visas that they need in order to enter the country for their intended purpose.
Safety and health
Music performances are productions. They can be dangerous. Music producers must comply with Occupational Safety And Health Act requirements for the safety of their employees and independent contractors.
Taxes
Whether you’re a U.S. citizen, a lawful resident or simply in the country for a short duration to perform, all musicians in the United States are subject to U.S. tax laws. U.S. citizens may also need to pay taxes for what they earn abroad. In addition to tax liabilities, there are tax exemptions and deductions that may help musicians like a deduction for a home office or expense deductions for self-employed musicians. Music law may involve tax law to the extent that music lawyers may help their clients comply with tax laws and lawfully minimize their tax liability.
Jun 24, 2022 | Community News, General, Legal Community
Experienced Women Explain Why They Are Leaving Their Firms and the Profession
The answer lies in a lack of credit for their efforts…
In Their Own Words reveals, in vivid detail, the experiences that lead women lawyers to leave private practice. Based on their stories, the report offers recommendations for legal employers to improve the law firm environment for them. The third in the Long Term Careers for Women in Law series, this report provides valuable insight in to the issues and dynamics that lead to women’s attrition.
About: The American Bar Association provides resources to assist lawyers and judges, accredits law schools and works to improve the legal system for the public.
Jun 24, 2022 | Entertainment Industry, Music Law
There are many entities that broadcast music. Radio stations, television stations, bars, restaurants and even schools broadcast music or perform it live. Because the creator of a musical work gets a copyright for the work, people who want to broadcast a work or perform it live usually must have a license from the owner. There are some important exemptions. Music attorneys may advise their clients as to whether they need a license for what they want to do.
For example, a radio or television station typically pays the music owner for non-exclusive rights to the work. The cost of a radio station’s license depends on the size of its audience, the station’s revenues and how often the station plays the music. A music owner may ask for reports on when the station plays the work.
Even if a television station buys broadcasting rights to a musical work, the broadcasting rights alone may not cover the right to publish the song on a DVD. When a television show moves to DVD, the publishers of the television show may need to re-negotiate licensing for the music to appear on the DVD. It’s not uncommon for television shows to have to change their sound if music owners aren’t able to agree on terms for the music’s inclusion in a DVD release.
Jun 10, 2022 | HOA Legal
Written by Denise
It is no secret that federal laws regulate HOA communities in more ways than one. Therefore, board members and HOA managers should make sure to familiarize themselves with these laws to avoid potential liability.
What Are the Federal Laws That Regulate HOA Communities?
Homeowners associations operate in much the same way as non-profit corporations. In fact, in many states, homeowners associations even have to register as such with the Secretary of State. And, as with other corporations, HOAs must abide by certain federal laws that apply to them. Familiarity with these laws is essential in helping keep the community and its board members out of legal trouble.
Below, you will find the different federal laws regulating homeowners associations.
Fair Housing Act
The Fair Housing Act (FHA) is a federal law that regulates housing providers, prohibiting them from discriminating against people based on their race, color, national origin, sex, and familial status. The Act was subsequently amended to include disability as a protected class, which means housing providers can’t discriminate against anyone based on their mental or physical disability as well.
It is important to remember that the FHA regulates both public and private housing providers. Therefore, it also applies to homeowners associations. Under the Act, it is illegal for an HOA to take any adverse action that would impact a person’s right to buy, rent, or enjoy the use of a property on the basis of that person belonging to a protected class.
For instance, a homeowners association can’t deny residence to a couple in the community because they are unmarried. This directly violates the FHA in terms of discrimination based on familial status. Even if the rule is not facially discriminating, if it affects a protected class disproportionately or subtly, it is a violation of the FHA.
It is worth noting that several states have enacted their own fair housing laws designed to supplement the FHA. For example, in addition to the protected class under the FHA, California has added multiple others . These include ancestry, citizenship, sexual orientation, gender identity, military status, and source of income.
Americans With Disabilities Act
The Americans With Disabilities Act of 1990 (ADA) prohibits discrimination against individuals with disabilities. It more directly applies to public spaces and facilities, thus affecting homeowners associations with common areas and elements that the general public uses or enjoys. The Act does not apply, however, to common spaces that are exclusively open to members and their guests.
For HOA communities, public accommodation refers to any space the HOA opens to the general public. This includes any spaces the HOA rents out or allows schools and church groups to use. If the HOA sells public membership passes to some of the HOA’s amenities, they also fall under the public accommodation classification. These spaces are governed by the ADA.
Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) governs the practices and behavior of debt collectors. Debt collectors are third parties who regularly attempt to collect the debts owed by consumers. Given this description, homeowners associations do not generally fall under this classification. The federal Act prohibits any unfair, deceptive, and abusive collection practices. It also lays out certain requirements that debt collectors must follow when attempting to collect a debt.
Even if homeowners associations are not considered debt collectors in the eyes of the Act, it is still important to be familiar with the FDCPA, especially for HOAs that hire collection agencies . Though, keep in mind that HOAs that use a different name to collect a debt may be recognized as debt collectors. Additionally, several states have also enacted their own fair debt collection laws.
The Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides financial and legal protection to members of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard from collection actions and foreclosures. This Act applies to homeowners associations as well.
As one of the federal laws that regulate HOA communities, the SCRA applies to the following service members:
-Those on active duty
-Activated reservists
-Members of the National Guard mobilized for more than 30 consecutive days
-Commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration who are on active duty
The FDCPA regulates debt collectors, so homeowners associations don’t generally fall under it. But, the SCRA regulates all creditors, including homeowners associations.
Freedom to Display the American Flag Act
The Freedom to Display the American Flag Act of 2005 specifically addresses homeowners associations. This Act protects the right of homeowners to fly the U.S. flag, provided it is flown in a manner consistent with the U.S. Code.
Under federal law, homeowners associations can’t prohibit homeowners from displaying the American flag on their residential property. However, the Act does give HOAs the ability to place reasonable restrictions on the time, place, and manner of display.
Certain states may also have additional laws that support the Freedom to Display the American Flag Act. For instance, Florida law dictates that homeowners can display flags on flagpoles measuring 20 feet or less, and HOAs can’t go against this.
Over-the-Air Reception Devices Rule
The Over-the-Air Reception Devices Rule (OTARD) is a federal law that prohibits homeowners associations from enforcing restrictions that hinder the installation, use, and maintenance of satellites or antennas to gain access to video programming. Under this law, unenforceable restrictions include those that:
Unreasonably prevent or set back the installation, use, or maintenance of antennas;
Unreasonably raise the cost of installation, use, or maintenance of antennas; or,
Prevent the antennas from gaining acceptable reception or quality signal.
The United States Bankruptcy Code
The United States Bankruptcy Code is the final federal law on this list that affects homeowners associations. According to this law, HOAs can’t take any collection actions if a homeowner has filed for bankruptcy and the case is still pending. It also applies if the court has yet to issue an order lifting the automatic stay. If an HOA violates this rule, it can face consequences, which can include releasing a lien or monetary penalties.
The Final Word
Clearly, there are a handful of federal laws that regulate HOA communities. Violating any or all of them carries a hefty penalty, be it monetary or legal in nature. Thus, every HOA board member and manager should make it a point to educate themselves on these laws.
Of course, it is not always easy to juggle federal, state, and local laws with HOA management. If you need help, Clark Simson Miller is the best way to go. Call us today at 865.315.7505 or contact us online to learn more about our services.
Shared from Clark Simmon Miller
Jun 9, 2022 | Copyright, Corporations
Written by Peter Fay, JD ’23
The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects . The user alters the original works to create a new aesthetic experience and/or meaning.
While a popular and respected form of art , appropriation art’s essence – the purposeful use of preexisting works – makes it especially susceptible to claims of copyright infringement. Outside of consent from the original work’s author, the best legal defense for appropriation art is the doctrine of fair use. However, as appropriation artists have experimented with increasingly minimalistic changes to the works they appropriate, this doctrine has proven to be an unreliable shield. Appropriation artists looking to explore the substantial effects that subtle alterations can have on art find themselves at odds with the fair use doctrine’s mandate that unauthorized use of preexisting works be “transformative.” Finding the proper overlap between minimalistic alterations and transformativeness is difficult, but it is a codification that has considerable implications for future appropriation art. Unfortunately, the most recent Second Circuit decision on the matter suggests this overlap is small to nonexistent, impeding the promotion of appropriation art.
Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, No. 19-2420-cv, 2021 U.S. App. LEXIS 25277 (2d Cir. Mar. 26, 2021) resulted from a dispute over a series of silkscreen prints made by Andy Warhol. The prints were based on a photograph taken and copyright protected by Lynn Goldsmith in 1981 of the famous musician Prince. While Goldsmith had licensed the Prince photograph to be used by Andy Warhol for a piece commissioned by Vanity Fair in 1984, the license ended there. Warhol, however, continued to make fifteen additional works based on Goldsmith’s photograph. These additional pieces would only come to Goldsmith’s attention after Prince’s death in 2016. As the successor to the rights of the Prince Series, the Andy Warhol Foundation moved for a declaratory judgment while Goldsmith sued for copyright infringement.
The district court concluded that the Prince Series was transformative and thus fair use, going through the 1976 Copyright Act’s four-step test but relying primarily on the purported change of purpose in the piece: the aesthetic change from a black and white photograph to a colorful silkscreen print transformed Prince from a self-conscious musician to a proud world-renowned rockstar.
The Second Circuit disagreed, arguing that the district court had forgone the proper objective assessment of purpose and character for a ”subjective evaluation of the underlying artist message.” Underlying the circuit court’s ruling is a concern that an evaluative standard would weaken copyright protection by allowing appropriators of preexisting works to throw out any feasible change in purpose as a fair use justification. The circuit court also stated that judges are ill-suited to engage in artistic evaluation. Ultimately the Second Circuit concluded that a proper transformation under fair use occurs when the secondary work displays more than the user’s artistic style imposed on the original author’s work.
While I understand the Second Circuit’s desire for a more consistent transformativeness standard, I am skeptical this ruling will create the clarity the court seeks. Art is an innately subjective form of human expression; the experience and reaction of one spectator to a given artwork will regularly be different from that of another spectator. The Second Circuit even admits as much, dismissing that the purpose of work can be pinpointed based on the intent of the author or the opinion of a critic. So why are we kidding ourselves that there is one objective assessment of art? Labeling an inquiry into something as subjective as the purpose and character of art does not suddenly ensure the inquiry is objective.
The Second Circuit would have better served both doctrinal clarity and the promotion of the arts by leaving in place the transformativeness standard it expressed in its last major appropriation art case, Cariou v. Prince , 714 F.3d 694 (2d Cir. 2013). In that case, the Second Circuit asserted that the critical question of transformativeness is how the work “may reasonably be perceived.” This reasonable observer standard is subjective but restrained: it affords the understanding that there are multiple reasonable interpretations of art while also excluding abuse of fair use with fringe explanations. Had the Second Circuit stuck with this standard, Andy Warhol’s Prince Series and its palpable celebration of Prince as a larger-than-life figure would have been protected under fair use.
The good news for appropriation artists is that the Andy Warhol Foundation case has been appealed to the Supreme Court , with the Warhol Foundation arguing that the Second Circuit’s judgment disregarded the Court’s decision in Google LLC v. Oracle Am. , Inc. , 141 S. Ct. 1183 (2021). For now, however, appropriation artists will likely need to think twice about the magnitude of alterations they are making to original works.
Shared from JIPEL
Jun 9, 2022 | Entertainment, Social Events
Issa Rae, Chanté Adams, Yahya Abdul- Mateen II, Kenya Barris, Gina Prince-Bythewood, Ben Crump, Michael Ealy, DeVon Franklin, Kasi Lemmons, Judge Greg Mathis, LisaRaye McCoy, Kyla Pratt, Trevante Rhodes, Kendrick Sampson, Robin Thede, Judge Lynn Toler, Susan Kelechi Watson, Salli Richardson Whitfield And More Topline Programming Slate For 2022 American Black Film Festival.
The Five-Day Fest Returns to Miami June 15-19, Followed by a Virtual Segment, June 20-30 Featuring a Mix of Conversations, Casting Calls, Networking Events and Live Streamed Content.
The first hybrid edition of the American Black Film Festival (ABFF), now in its 26th year, will feature a robust slate of speakers including Kenya Barris, Yahya Abdul-Mateen II, Trevante Rhodes, Salli Richardson-Whitfield, Kyla Pratt, Judge Greg Mathis, Naturi Naughton, DeVon Franklin and 2022 Festival Ambassador Issa Rae who will provide opening night welcome remarks and close out the festival with new series Rap Sh!t, as well as panels ranging from the business of Hollywood to spotlights on new films and television series. Regarded as one of the “nation’s largest community of Black film and television enthusiasts,” the festival will be held live June 15-19 and continue virtually June 20–30 on its custom-designed online platform ABFF PLAY https://abffplay.com/ .
“We are thrilled to have the support of the industry with so much content targeted towards Black audiences. For 26 years, we have provided a platform for Black creatives to deliver provocative conversations and compelling entertainment to our community. This year’s ABFF will be no different with our live and virtual programming,” said Nicole Friday, President and General Manager, ABFF Ventures LLC.
Highlights include, The Leading Man panel sponsored by Cadillac will bring some of today’s most sought-after actors Michael Ealy (Fatale) , Yahya Abdul-Mateen II (Candyman ) and Trevante Rhodes (Moonlight) to the stage for a revealing discussion about their roles in Hollywood and how they have become leading men, moderated by Malinda Williams (The Wood); a conversation with trailblazing filmmakers Gina Prince-Bythewood (The Woman King ), Kasi Lemmons (I Wanna Dance With Somebody) and Nicole Brown (President of TriStar Pictures) in Fierce Female Filmmakers of TriStar Pictures sit down to talk about their upcoming releases and a sneak peak of the films; Prime Video will present an intimate discussion on how Black women are leading the charge in creating content for all audiences to love in Leading from Within.
The hit Peacock Original series Bel-Air : will showcase Clips and Conversations with the Co-Showrunner/Executive Producer Rasheed Newson and cast Adrian Holmes, Cassandra Freeman , Coco Jones , Akira Akbar , Jimmy Akingbola , and Jordan L. Jones ; NBCUniversal will present Bust Down in Laughter with NBCU’s Comedy Crew with Sam Jay , Langston Kerman, Jak Knight and Chris Redd from Peacock’s “Bust Down” and Nicole Byer , Phil Augusta Jackson and Carl Tart from NBC’s “Grand Crew;” and in celebration of the final season of This Is Us , actress/writer Susan Kelechi Watson, writer/producer Eboni Freeman, and producer Christiana Hooks will give the audience a behind the scenes look at the episode, “Our Little Island Girl: Part Two.” During the Black Experience on Xfinity panel, series creator Andrea Lewis , Beauty Expert Kahlana Barfield Brown, natural hair entrepreneur Whitney White (aka@Naptural85) and producer CJ Faison will highlight Black women and their overall effect on the beauty industry in the upcoming docuseries The Black Beauty Effect; renowned filmmaker Ayoka Chenzira honors a beloved independent film advocate in A Champion of Independent Black Film: Celebrating the Legacy of Michelle Materre; a peak into Bounce’s Original series, Johnson and Finding Happy , with Clips and Conversation panels featuring the cast and producers; so you want to be a showrunner?; learn how from Robin Thede (Black Lady Sketch Show), Rikki Hughes (Dave Chappelle Sticks & Stones) and Randy Huggins (BMF ) in Life of a Showrunner delivered by UPS.
Prudential Financial brings their Cocktails, Conversations and Financial Facts with LisaRaye McCoy. Disney+ and NatGeo’s Drs. Ferguson and Hodges of hit series, Critters Fixers will offer the best tips to care for your pets during their Clips and Conversation . The Motion Picture Association (MPA) will discuss a finance plan for filmmakers’ creative content in Funding Your Story: The Nuts & Bolts of Film Finance; and the Academy of Motion Picture Arts and Sciences’ leadership will discuss the Academy’s outreach outside of Oscar Sunday.
Not-to-be-missed events include, the 25th HBO Short Film Award Showcase hosted by Bevy Smith featuring five short films from emerging filmmakers who compete for the prestigious award; the ABFF Comedy Wings showcase hosted by Aida Rodriquez , and; The “Best of the ABFF Awards” where the 2022 independent film awards and talent contest winners will be presented.
ABFF’s talent discovery programs find emerging talent and introduce them to the entertainment industry. Included on this year’s lineup is the return of ALLBLK’s Shoot Your Shot Casting Call featuring the honorable Judge Lynn Toler (Commit or Quit ) and the Warner Bros. Discovery Writers Competition . The live festival culminates with its annual ABFF Greater Miami Community Day in partnership with the Greater Miami Convention and Visitor’s Bureau as part of its commitment to inform, educate and provide opportunities to the local community about the entertainment industry. Community Day is free to South Florida residents.
Previously announced, the festival will open with the Netflix documentary CIVIL , an intimate verité look at the life of maverick civil rights attorney Ben Crump directed and produced by award-winning filmmaker Nadia Hallgren and produced by Kenya Barris , Roger Ross Williams and Lauren Cioffi .
All live events are held in and around South Beach including The Regal South Beach, the New World Center Performance Hall, the Bass Museum and the Black Archives Historic Lyric Theatre.
As part of its virtual talk series events, the lineup includes Life as Entrepreneurs about what it takes to build a family brand with Gia Casey and DJ Envy presented by Morgan Stanley, and; an intimate conversation with the cast of the new docuseries on E!, Mathis Family Matters featuring Judge Greg Mathis. Universal’s Global Talent Development & Inclusion (GTDI) department will celebrate its five-year anniversary with Universal GTDI’s Five Years of Creative Impact . Lionsgate and Starz bring their Black executives for a Gate-Opening: Black Exec Round Table.
As previously announced the full feature, documentary and web series and spotlight screenings lineup is available here https://www.abff.com/miami/2022-screenings/narrative-features/ . All virtual events are available on ABFF PLAY.
Following is the schedule of 2022 ABFF talk series events to date. For times, locations, and the latest information visit, www.ABFF.com
Live Events
Thursday, June 16, 2022
The NFT Masterclass for Creative
NFTs have risen as one of the hottest topics in the entertainment industry. Understanding the intellectual property issues in NFTs is essential to our protection and advancement. This session will address the ABCs of NFTs, including copyright, trademark, publicity issues, and tax matters surrounding NFTs. Instructed by Kimra Major-Morris, Attorney at Law.
Leading From Within
Presented by Prime Video
From the suffrage movement to the civil rights movement, history has shown us we all win when Black women lead. Join three Black women executives from Prime Video for an intimate discussion on how they are leading the charge to create content across series and features that all audiences will love.
Moderators: Latasha Gillespie (Head of DEI, Prime Video)
Panelists: Amber Rasberry (Sr. Executive Development, Movies – Amazon Studios), Lauren Anderson (Co-Head Content & Programming, Amazon Freevee) and Larissa Bell (Development Executive, Amazon St)
The Black Beauty Effect Panel
Presented by Black Experience on Xfinity
An intimate discussion on the global impact of Black Beauty in the upcoming docuseries, The Black Beauty Effect. This discussion will highlight black women and their overall impact in the beauty industry, despite its historical exclusion and oppression of black women.
Panelists: Andrea Lewis, Series Creator, Kahlana Barfield Brown, Beauty Expert, Whitney White, Natural Hair entrepreneur, CJ Faison, Executive Producer
Funding Your Story: The Nuts & Bolts of Film Finance
Presented by the Motion Picture Association
You can be a great storyteller and writer of words that captivate the masses. However, you can’t share that story with the world without having a financing plan in place to get the story made! In this panel, representatives from major studios and a lead film finance company will provide an overview of the variety of ways content creators can finance their production. As each panelist has a unique background in the film finance world, this panel will provide filmmakers with a basic understanding of what to expect when putting together a financing package.
Moderator: John Gibson, Vice President, External and Multicultural Affairs, Motion Picture Association
Panelists: Donyelle Marshall, LATAM Business & Tax Analyst, Florida Office of Film & Entertainment; Chiquita Banks, Esq., Sr. Vice President, TPC; Graham Lee, Esq., Vice President, Tax Counsel-Production, Paramount; Brian O’Leary, Esq., Sr. Vice President- Tax, NBCUniversal (Invited)
Bel-Air: Clips & Conversations
Presented by Comcast NBCUniversal
Peacock presents an intimate conversation with the cast members from BEL-AIR about celebrating Black on-screen characters and discussing story themes such as love, family, and relationships.
Moderator: Scott Evans
Panelists: Rasheed Newson, Adrian Holmes, Cassandra Freeman, Coco Jones, Akira Akbar, Jimmy Akingbola and Jordan Jones
Bust Down in Laughter with NBCU’s Comedy Crew
Presented by Comcast NBCUniversal
Join talent from NBCU’s hit comedies for a lively conversation about celebrating and shaping Black culture through stories of family, friendships, love and joy on TV.
Moderator: Danielle Young, Journalist and Host of Real Quick
Panelists: Nicole Byer, Phil Augusta Jackson and Carl Tart from NBCU’s “Grand Crew” and Sam, Jay, Langston Kerman, Jak Knight and Chris Red from Peacock’s “Bust Down”
Shoot Your Shot
Presented by ALLBLK
ALLBLK, the first and largest streaming service for Black TV and film from AMC Networks, is partnering with the American Black Film Festival (ABFF) to kick off a nationwide casting call for the co-star of its latest original production, “Judge Me Not.” A new hour-long psychological/legal drama created by TV icon, Judge Lynn Toler. “Judge Me Not” focuses on a millennial Black female attorney navigating mental health issues, a rocky romantic relationship and a volatile family, who shocks everyone when she wins a judicial seat at 31. Once there, she fights her demons while managing the chaos of a busy court.
25th Annual HBO Short Film Award Showcase
Presented by Warner Bros. Discovery and HBO
Five finalists will compete in ABFF’s HBO Ò Short Film Award . The prestigious showcase will celebrate 25 years of HBO’s commitment to recognizing the next generation of diverse, artistic and creative talent at ABFF. This year’s groudbreaking directors with diverse style of filmmaking are: Sherif Alabede (Another Country ), Elisee Junior St Preux (Aurinko in Adagio ), Gia-Rayne Harris (Pens & Pencils ), Destiny J. Macon (Talk Black ) and Rebecca Usoro (The Family Meeting )
Friday, June 17, 2022
Masterclass: Legal Aspects of Indie Filmmaking
Presented by Arrington & Phillips
This seminar will introduce filmmakers to the legal and business aspects of independent filmmaking. From conception to distribution, attendees will learn all the basics needed to make, produce and distribute their own independent film. Instructed by Marvin Arrington and Vince Phillips.
Johnson : Clips & Conversations
Presented by Bounce TV
Join the cast and producer of Johnson for a conversation around the anticipated return of season 2. Johnson focuses on life-long best friends and their sometimes-complicated journey of love, friendship, heartbreak, and personal growth as told from the Black male perspective. The show is executive produced by Eric C. Rhone and Cedric The Entertainer’s A Bird & A Bear Entertainment.
Moderator: David J. Hudson, Head of Original Programming for Scripps Networks
Panelists: Deji LaRay (series creator & show runner); Thomas Q. Jones (show runner, “P- Valley,” “Luke Cage”); Philip Smithey (“Switched at Birth,” “The Rookie”); and Derrex Brady (“NCIS,” “First”) with Earthquake (“The Neighborhood,” “Chappelle’s Home Team – Earthquake: Legendary”) and Eric C. Rhone (executive producer)
Finding Happy: Clips & Conversations
Presented by Bounce TV
Meet the cast of Bounce’s newest series, Finding Happy , a show created about, for and by Black women. The dramedy follows Yaz Carter as she navigates her loving-but-complicated family, her stagnant career, and a merry-go-round of unrequited love as she looks to find her happy. The show is executive produced by Eric C. Rhone and Cedric The Entertainer’s A Bird & A Bear Entertainment.
Moderator: Keisha Taylor Starr, Chief Marketing Officer for Scripps Networks
Panelists: B. Simone (MTV’s “Wild ‘n Out”);Kim Coles (“Living Single”); Marketta Patrice (“Black Jesus”); Angela Gibbs (“Hacks,” “The Fosters”); and, Kendra Jo (series creator & show runner)
A Champion of Independent Black Film: Celebrating the Legacy of Michelle Materre
Presented by Meta
Michelle Materre, prolific film distributor, professor, curator, and fervent supporter of women and BIPOC filmmakers, passed away in March. To honor her decades as a champion of independent film and her mission to lift the voices of underrepresented people in cinema, ABFF and Daughters of Eve Media will present a roundtable discussion featuring trailblazing and renowned women filmmakers.
Moderators: Terri Bowles and Dr. Michele Prettyman
Panelist: Ayoka Chenzira
Fierce Female Filmmakers of TriStar Pictures
Presented by Sony Pictures Entertainment
Join three trailblazing fierce, female, filmmakers – Gina Prince-Bythewood (Love & Basketball ), Kasi Lemmons (Eve’s Bayou ), and Nicole Brown (TriStar Pictures President) for an intimate sit-down conversation as they open up about their highly anticipated Sony Pictures releases: The Woman King starring Viola Davis, and the Whitney Houston biopic I Wanna Dance with Somebody starring Naomi Ackie. This conversation will dive into the importance, power and future of Black film while providing a sneak peek of what audiences can expect in their upcoming releases via exclusive content.
Moderator: Brett King, Vice President, Creative Programming, Diversity & Inclusion for Sony Pictures Entertainment
Panelists: Nicole Brown, President of TriStar Pictures; Kasi Lemmons, Director, I Wanna Dance with Somebody ; Gina Prince-Bythewood, Director, The Woman King
Flipping the Script: Defining your own Path to Success presented by Warner Bros. Discovery Equity and Inclusion
Presented by Warner Bros. Discovery
Over the last few decades, the road to stardom and success in Hollywood has changed significantly. With the emergence of the digital age, social media and waves of new talent, many are finding success, their own way and on their own terms. This engaging and motivating panel discusses the impact of breaking into the entertainment industry both traditionally and non-traditionally; and ways to stay relevant in an ever-changing production landscape that is no longer one size fits all.
Moderator: Karen Horne, Senior Vice President, Warner Bros. Discovery, Equity + Inclusion
Panelists: Salli Richardson-Whitfield (Winning Time and The Gilded Age, HBO), Carlos King (Love & Marriage Franchise, OWN), Ashley Blaine Featherson-Jenkins (Trials to Triumphs Podcast, OWN), Bashir Salahuddin (South Side, HBO Max), Diallo Riddle (South Side, HBO Max). Networking Reception to follow. RSVP and COVID vaccination required.
“This Is Us”: From Script to Screen
Presented by Comcast NBCUniversal
Go behind the scenes of NBC’s beloved drama “This Is Us” with actress/writer Susan Kelechi Watson, writer/producer Eboni Freeman and producer Christiana Hooks. Delve into a poignant conversation about the final season and the episode “Our Little Island Girl: Part Two” that is centered on Beth Pearson and was co-written by Susan and Eboni. Learn about the show’s unique approach to bringing multidimensional narratives to life by reflecting on the past, inspiring the future, and creating beautiful stories that transcend generations.
Moderator: Danielle Young, Journalist and Host of Real Quick
Panelists: Susan Kelechi Watson, Actress/Writer; Eboni Freeman, Writer/Producer; Christiana Hooks, Producer
Life Of A Showrunner
Presented by UPS
This panel examines the road to becoming a television showrunner, the duties and demands it entails, career strategies to be considered, the parameters of creative control as well as the freedom it affords, and what running a writers room looks like.
Panelists: Robin Thede (A Black Lady Sketch Show ), Rikki Hughes (The Hype ), Randy Huggins (BMF )
ABFF Comedy Wings Showcase
Presented by Warner Bros. Discovery and HBO
A night of laugher hosted by Aida Rodriquez and introducing: Marshall Brandon, Cherie Danielle, Shanna Christmas, Rob Gordon, and Alan Massenburg
Saturday, June 18, 2022
Academy 365
Presented by the Academy of Motion Picture Arts and Sciences
The Academy of Motion Picture Arts and Sciences is a 95-year-old organization that has long been known for the Oscars, often called “Hollywood’s biggest night.” But what goes on the other 364 days of the year? In this panel, key leadership shares how the Academy engages their membership of over 10,000 members on a year-round basis and leads industry initiatives that celebrate the history of film, amplifies its global community of artists and advocates for increased representation across the industry.
Moderator: Scott Evans, Access Hollywood
Panelists: DeVon Franklin, Governor-at-Large; Christine Simmons, COO, Academy; Shawn Finnie, EVP, Member Relations & Awards, Academy; Meryl Johnson, VP, Digital Marketing, Academy
Best of ABFF Awards Presentation
Hosted by Dondré Whitfield
Join us for the announcement of the festival winner of this year’s competitions including: Best Narrative Feature, Best Director, Best Screenplay, John Singleton Award for Best First Feature, Best Documentary, Best Web Series and HBO Short Film Award. This event will be live-streamed on ABFF PLAY
Cocktails, Conversations, and Financial Facts with LisaRaye McCoy
Presented by Prudential Financial
Actress and Entrepreneur LisaRaye McCoy will share her journey with money, finances, and setting financial goals from her life on the South Side of Chicago to her life in the film industry. Prudential financial professionals will be available to answer financial questions.
Moderator: Delvin Joyce (Prudential Financial Planner & Founder of Prosperity Wealth Group)
The Leading Man
Presented by Cadillac
A panel of esteemed male actors examine the images of Black men in film and television, share stories about their journeys to success and discuss the messages they wish to convey to boys and young men in the community.
Moderator: Malinda Williams
Panelists: Trevante Rhodes, Yahya Abdul-Mateen II, Michael Ealy
Critter Fixers: Clips & Conversation
Presented by Disney+
Join veterinarians Dr. Terrence Ferguson and Dr. Vernard Hodges as they discuss some of their most unique animal cases and provide great tips and techniques to help care for your pets.
Moderator: Jill Tracey, Morning Show Co-Host on WHQT Hot 105 Miami
Panelists: Dr. Terrence Ferguson, Dr. Vernard Hodges
Closing Night Screening
Rap Sh!t
Courtesy of Warner Bros. Discovery and HBO Max
Rap Sh!t follows two estranged high school friends from Miami, Shawna and Mia, who reunite to form a rap group.
Cast: Aida Osman (Shawna), KaMillion (Mia), Jonica Booth (Chastity), Devon Terrell (Cliff,) RJ Cyler (Lamont)
Executive Producer/Writer: Issa Rae (for HOORAE); Executive Producer/Showrunner: Syreeta Singleton; Executive Producer: Montrel McKay (for HOORAE); Executive Producers: Dave Becky and Jonathan Berry (for 3 Arts Entertainment); Executive Producer: Deniese Davis
Hip hop duo Yung Miami and JT of City Girls serve as co-executive producers, along with Kevin “Coach K” Lee and Pierre “P” Thomas for Quality Control Films and Sara Rastogi for HOORAE. Sadé Clacken Joseph directed the pilot. Rae’s audio content company Raedio will handle music supervision for the series.
Sunday, June 18, 2022
ABFF Community Day
Sponsored by the Greater Miami Convention & Visitors Bureau (GMCVB)
The festival, in partnership with the Greater Miami Convention & Visitors Bureau, presents a day of entertainment curated for family audiences.
Virtual Events available on ABFF PLAY https://abffplay.com/
Life As Entrepreneurs
Presented by Morgan Stanley
A discussion exploring what it takes to build a family brand, the importance of being financially literate, and the value of building generational wealth.
Panelists: Husband and wife team DJ Envy and Gia Casey
Mathis Family Matters
Presented by Comcast NBCUniversal
E! Entertainment presents an intimate conversation with the cast of E!’s new docuseries, “Mathis Family Matters” about representation, the black family on television today, their personal experiences and perspectives around diversity both in front of and behind the camera. To further the dialogue regarding unscripted television, they will exchange thoughts on the importance of Black producers ensuring that our stories aren’t overlooked and we are represented equally in today’s diverse culture.
Moderators: Ebony Magazine
Panelists: Judge Greg Mathis, Linda Mathis, Jade Mathis, Camara Mathis, Greg Mathis Jr., Amir Mathis
Universal GTDI’s Five Years of Creative Impact
Presented by Comcast NBCUniversal
In celebration of Universal’s Global Talent Development & Inclusion (GTDI) 5-year anniversary, this panel spotlights friend-of-GTDI director Jude Weng, accompanied by four incredible alumni who have participated in GTDI’s flagship programs. Moderated by Rotten Tomatoes Awards Editor Jacqueline Coley, this panel aims to highlight the participants’ journeys towards establishing a career in the industry, as well as provide their perspective on how they view representation and access in the industry.
Moderators: Jacqueline Coley
Panelists: Jermaine Stegall, Juel Taylor, Jude Weng, Marielle Woods
Gate-Opening: Black Exec Round Table
Presented by Lionsgate and Starz
A candid conversation with Black development executives at Lionsgate and Starz demystifying the studio system, providing helpful guidance and insight into the initial development stages to support rising Black filmmakers.
Moderator: Kamala Avila-Salmon – Head of Inclusive Content at Lionsgate
Panelists: Kathryn Tyus-Adair, Senior Vice President of Original Programming at Starz, Jade-Addon Hall, Vice President of Current Series at Lionsgate TV, Aaron Edmonds, Vice President of Production and Development at Lionsgate
ABFF 2022 sponsors and partners to date include Warner Bros. Discovery & HBOÒ (Founding); Cadillac, City of Miami Beach, Greater Miami Convention & Visitors Bureau (GMCVB), Sony Pictures Entertainment, Prime Video (Presenting); American Airlines, Comcast NBCUniversal, Meta, Bounce TV, Black Experience on Xfinity, UPS, IMDb (Premier); ALLBLK, Prudential Financial, Variety, TV One, Netflix, Starz, Disney+, Onyx Collective (Official); Accenture, Motion Pictures Association (MPA), A&E, The SpringHill Company, The Boston Globe, Color Of Change, Confluential Films, Arrington & Phillips, Fulton Films, BET Her, Morgan Stanley, Miami Beach VCA, Frankfurt Kurnit Klein & Selz, Academy of Motion Picture Arts and Sciences (Supporting); Endeavor Content and DC Office of Television (Industry).
For festival information and to obtain an ABFF pass on site, visit www.abff.com. Follow @ABFF on Twitter and @AmericanBlackFilmFestival on Instagram and Facebook.
About ABFF – @americanblackfilmfestival
The American Black Film Festival (ABFF) is an annual event dedicated to recognizing Black talent and showcasing quality film and television content by and about people of African descent. Dedicated to the belief that diverse artists deserve the same opportunities as their mainstream counterparts, ABFF founder Jeff Friday conceived the festival in 1997 as a vehicle to strengthen the Black entertainment community by fostering resource sharing, education and artistic collaboration. Now in its 26th year, the festival has become a cornerstone of diversity in Hollywood, providing a platform for emerging Black artists – many of whom have become today’s most successful actors, producers, writers, directors and stand-up comedians. The ABFF is a property of ABFF Ventures LLC, an entertainment company specializing in the production of live events that promote Black culture and achievement.
Jun 8, 2022 | HOA Legal
Written by bkabritsor
If you are considering buying into a housing cooperative, you should be aware of your rights as a participant. A housing co-op might not seem different from a property like a condominium, but while some similarities exist, a co-op is distinguishable from a condo in important respects.
The Motley Fool describes a number of key differences between a co-op and a condominium that dictate the kind of rights you would have if you bought into a cooperative as opposed to a condo.
Ownership of a living unit
Purchasing a condominium unit means you are buying real property. By contrast, buying into a co-op means you are purchasing shares of a whole building without becoming the actual owner of your living unit. The true ownership of the building is a collective of shareholders who gather together through a nonprofit corporation. By purchasing shares, you gain the right to be the occupant of a specific housing unit. The more shares you buy, the more living space you can acquire.
Screening buyers
A condo association runs the risk of violating discrimination laws if it tries to block people from buying a condo unit on account of protected characteristics like race, color or marital status. On the other hand, a housing cooperative has more latitude to exclude buyers, particularly if a buyer has a poor financial situation. A co-op may submit prospective buyers to background checks and other vetting.
Modifying a living space
Your rights to make permanent changes to a living unit owned by a cooperative are more restricted than if you own a condominium. Since the co-op has a collective ownership, you do not have sole authority to change the interior of your unit. How you can modify your living space depends on the rules set up by the cooperative.
If you do not know your rights and duties under a cooperative, you could encounter legal difficulties if you unknowingly violate the rules of the co-op. Take the time to consider if a co-op or a condo is a good arrangement for you, or if other housing arrangements are more to your liking.The post How do housing cooperatives differ from condominiums? first appeared on Gregg & Gregg, P.C..
Shared from Gregg & Gregg, P.C.
Jun 6, 2022 | Entertainment Industry, Film & TV
Written by Donovan Rodriques
Acquisitions are an integral part of the motion picture business . Before acquiring any literary property, such as music, book, screenplay, teleplay or a motion picture, the buyer will require proof of ownership from the seller, to ascertain the status of the seller’s rights, that is, clean chain of title. There are generally several reasons why you will need to deliver clean chain of title, including, when obtaining a completion guarantee, errors and omissions (E&O) insurance, official treaty foreign co-production, and distribution.
Filmmakers’ failure to obtain the agreements or documents establishing clean chain of title over the course of the acquisition of rights and production can create unnecessary risk of potential copyright, trademark, defamation, right to publicity, right to privacy, and breach of contract claims, and failure to secure a distribution deal. What are the documents needed for an independent filmmaker to ensure clean chain of title, and what process is used?
Chain of Title Review
“Chain of title” is the series of legal documents or agreements that establishes proprietary rights or ownership in a motion picture or project, including documentary evidence of assignments, from its concept through completion and beyond. A “clean” chain of title means the chain of title does not have any gaps in the chain in ownership or other issues that raise doubts regarding ownership.
Particularly when dealing with a pre-existing work, a chain-of-title review should be performed. A “chain of title review” is the process of reviewing of all of the contracts related to the picture and a copyright search of the public records held by the United States Copyright Office to verify if there have been any recorded assignments of rights that could negate the transfer of rights to the filmmaker, studio, television network, production company or distributor.
The chain of title may consist of a single document, or it may be lengthy and complex, depending on the type of arrangement needed to acquire the original literary property, raise financing, prepare the final shooting script, shoot and release the finished film.
The licensor, such as the screenwriter, producer or production company, will be responsible for providing the documents that establish the chain of title. These documents will usually consist of duplicate originals or legible copies of all agreements, licenses, waivers or other documents that indicate a change of ownership in a motion picture project from its inception, and can ultimately include many of the following:
\- Copyright Registration Certificate or filing receipt.
\- Assignment agreement of the motion picture and/or the screenplay and concept adaptation.
\- Agreement or letter with copyright owner for right to represent and sell.
\- Agreement with distributor.
\- Agreement with sales agent.
\- Option/purchase agreement for the screenplay.
If it’s not an original screenplay, the acquisition agreement for the underlying literary material on which the screenplay is based.
Life Story Rights agreement.
Talent and crew agreements: writer, director, producer, executive producer, actor (which may include principal, day player, weekly player, minor, and stunt performer agreements and nudity riders), casting director, key crew or department head (i.e. costume designer, director of photography, production designer, and film editor), cinematographer, art director, unit production manager, post supervisor agreements, and crew deal memos (i.e. associate producer, unit publicist, still photographer, production auditor, construction coordinator and head of transportation).
Location Agreements and releases.
Clearance Agreements (artwork release, logos, costumes, product release, film clip license, still photo release, sound, and other intellectual property that is included in the visual or audio portions of the completed film).
Product placement agreements.
Music supervisor, music licenses (master use and synchronization), music composer, lyricist and conductor.
Assignment of mortgage and copyright.
Quitclaim.
Any special photographic, audio and technical processes to be used.
Any deferments and contingent percentage participations granted or assigned to any third party.
Financing agreements, including equity investor and bank loan agreements.
Post-production facilities, including the laboratory and location for production company’s final mix.
Settlement agreements, releases and waivers obtained from any third parties with respect to the Screenplay.
Copyright Search
Although recording a copyright assignment with the U.S. Copyright Office is not required to effect an assignment of copyrights, it ensures a proper chain of title in and to the copyrights.
When a distributor acquires the distribution rights to a motion picture, it ordinarily conducts a copyright search of the U.S. Copyright Office. In addition, as part of its delivery requirements, a production company may need to provide a copy of the Certificate of Registration that it filed with the U.S. Copyright Office verifying the copyright number, copyright owner and year of publication (including extensions and renewals, if applicable) of the picture. If the picture has not been registered for copyright or if the registration has not been returned from the copyright office, it should be sufficient to provide a copy of the application. A copy of the Certificate of Registration can be supplied later.
For a foreign film, a check is made of the central film registries in both France and Italy in order to verify chain of title.
Review of Contracts
Copyright registration is not required to establish rights under U.S. Copyright Law. The copyright exists from the moment the original work of authorship is fixed in a tangible medium. Since you may have clean chain of title without copyright registration, a buyer will almost always review any written agreements you have that prove ownership and any assignment of rights.
Literary Rights Option/Purchase Agreement
The chain of title to a film or television program begins with the original story, treatment or script. If the script is based on previously created material, the copyright to that material as well. Therefore, the option and purchase agreements are key agreements for establishing a production company’s chain of title to a screenplay and any underlying literary material. What kind of rights are conveyed? Does the author of the underlying literary material (such as a book) from which the screenplay is based convey the theatrical rights as well as TV rights? Does the assignment of the screenplay to production company convey all rights in and to the screenplay including all underlying literary material and the right to make merchandising, sequels, prequels, remakes and additional episodes based on the Screenplay?
The chain of title to a screenplay will include all agreements with all writers and contributors to the screenplay and any underlying material.
The contract with the writer of the original screenplay (and if it’s an adapted screenplay, the owner and/or author of any underlying literary property) will be checked regarding any reserved rights. The Writers Guild of America (“WGA”) Theatrical and Television Basic Agreement (“MBA”) contains specific reservations of rights (the “Separated Rights”) for the benefit of its members who write original material. Entitlement to Separated Rights is subject to final WGA determination and may not be negotiated in a writer’s individual contract. For example, if the literary material is an original screenplay, the production company will not be able to acquire print publication, dramatic stage rights (and perhaps other related) rights. Through the MBA, these rights are licensed back to the writer.
“Original” material means that the material is not based on any material of a story nature that has been previously published or produced. An “adaptation” may be based on true stories, feature films, short films, documentaries, webisodes, TV series, novels, short stories, comic books, video games, news stories, stage plays and even songs that are the work of previous authors.
If the writer of the original screenplay is a member of the WGA, he or she may have a reversionary (turnaround or reacquisition) right if the picture is not produced within the applicable time limit. If there is such a right, an exception may have to be noted in the option and purchase agreement.
If there are any profit participations or deferments, these are reflected in the agreement.
The option agreement will be directly with the owners of the work being optioned, who are generally authors, author’s estate, trustee or heirs, assignees or publishers. Very often It might be in the interest of the producer to review a copy of the author’s publishing agreement to be sure the publisher has not been granted any of the rights being requested by the producer.
The purchasers of screenplays are usually producers, studios, networks or production companies. However, writers may also option a work or life story that they wish to adapt for film or television and subsequently sell to a studio, production company or television network.
The production company’s receipt and approval of complete chain of title documentation along with the provision of all necessary releases and assignments to the literary property are often “conditions precedent” to formation of the option and purchase contract.
Talent agreements
During development, pre-production, production and post-production of a motion picture, a producer or production company will enter into one or more employment agreements with writers, actors, directors, crew, set designers, film editors, film composers and other personnel. For purposes of copyright ownership and chain of title regarding the creative contributions of talent to the motion picture, the production company will want to ensure that it owns all the results and proceeds of the various contributions as “works made for hire” which, under U.S. copyright law, vests the initial copyright with the employer. In that regard, and to ensure clean chain of title, all agreements for employment of talent will include work-for-hire language.
Producer Agreement
In the traditional producer employment agreement, the production company or studio directly employs the individual producer to provide his or her services for the motion picture. Where the Producer has acquired or has an option to acquire the motion picture and allied rights in a screenplay or other literary material, the producer is normally required, as a condition precedent to the agreement, to quitclaim to production company all his or her rights in and to the literary work and option agreement. This means, if the production company agrees to finance and produce the motion picture and employ the producer, it must also acquire the producer’s rights in the underlying property by means of an assignment from the producer, together with a quitclaim by the producer of any and all rights in the underlying property.
In that regard, the production company will review the chain of title so that it can verify that it can acquire from the producer the rights it needs to produce and distribute the motion picture, together with any additional or ancillary rights it wants the ability to exploit.
In the event the production company proceeds with production prior to obtaining clean chain of title, production company will want the right to abandon the project if the chain of title is later found out to be defective. The producer may seek a reasonable time to cure any defect before the production company exercises any right to terminate the agreement.
Music Licensing
If the music and lyrics have been specifically written for the picture, it would likely be under a “work for hire” so that there should be no question concerning the production company’s outright ownership of the music to be used in the picture. On the other hand, for pre-existing music, created independently of the picture, production company will secure licensing of necessary synchronization and performing rights, preferably prior to inclusion of the music in the picture, and in any event, prior to distribution. The rights acquired normally include the right to exploit the music in the picture worldwide, in all media, for the life of the copyright or in perpetuity, unless there is a specific reason for obtaining a narrower grant of rights.
However, production companies do not have to obtain public performance licenses and clearances as these are licensed to end users, including cinemas, broadcasters and other public outlets, by the applicable performing rights society, that is, American Society of Composers, Artists and Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”) or SESAC, Inc. (“SESAC”).
Distribution
Distributors need to know with certainty that the distribution rights they are licensing are free and clear of any liens, encumbrances, potential claims, lawsuits, or competing claims which can interfere with distribution of the picture.
Before acquiring a motion picture, television program or web series, the sales company or distributor will want proof that the production company can legally grant to them the distribution rights . Therefore, the distributor will condition its purchase of the picture on receipt of the chain of title documents. This inquiry into the chain of title usually begins with a review of the option and/or purchase agreement and other rights acquisition agreements for the screenplay and the story upon which the motion picture is based.
In some cases, if the distribution company is confident that the production company/licensor will be able to deliver clean chain of title, it may be willing to proceed with the distribution prior to receiving proof of ownership. In such case, the production company may be given a period of time to deliver clean of chain of title or to cure any defects (e.g., thirty (30) days). If production company fails to deliver clean chain of title within the time specified, then distributor usually has the right to either have a temporary suspension of distribution or terminate the distribution agreement.
In certain instances, if it is a pre-sale or negative pickup agreement involving the payment of any advance (or a minimum guarantee), the production company will be expected to repay the money it received (although the actual refund may be delayed if the production company does not have the money).
International Co-productions
Many international co-production treaties require, in addition to the definitive co-production contract(s), the filmmakers to deliver chain of title documents, in order to qualify as an official treaty co-production. With International co-productions, having a chain of title in place makes it clear that the project meets eligibility requirements regarding minimum financial and creative contribution of each producer participating in the making of the project.
Errors and Omissions (E&O) Insurance
One of the delivery items required by the distributor (in the case of U.S. and UK distributors) will usually be proof that the production company/licensor has obtained an errors and omissions (E&O) insurance policy. E&O insurance provides protection from lawsuits. However, production company must present the insurance company or insurance broker with all the documentation normally required for a clean chain of title, before the insurer will issue the insurance policy. If an E&O cannot be obtained by the producer, it may be impossible for the filmmaker to find a distributor willing to distribute the film.
Completion Guarantee
Production lenders will usually require that there be a completion bond in place. However, a complete chain of title materials is normally required in order to obtain a completion guarantee.
The fundamental difference between a completion guarantee and production insurance is that the principal purpose of the completion guarantee is to assure the financier, such as the bank or production lender, that the picture will be completed and delivered. If production of the picture is in danger of going overbudget or overschedule, the completion guarantor has a variety of remedies it may employ, including taking over production of the picture.
Writing Requirement
For any transfer or assignment of copyright to be binding, it must be in writing, signed by the parties and must involve the exchange of consideration. Oral agreements cannot form the basis of a copyright assignment, unless reduced to writing and signed by the parties.
Fair Use and Public Domain
Without a clean chain of title, production companies and distributors may be liable to copyright owners for plagiarism or copyright infringement . However, there are situations where it may be legal to use copyrighted material without obtaining permission from the copyright holder, under the doctrine of “fair use”, such as, in documentary films, when reporting news, facts or current events or when the use is for criticism or comment.
Works in the public domain, undeveloped ideas, poorly developed characters, general themes, plot, facts or true events (even if they were discovered through original research) are not capable of copyright protection.
Conclusion
If there is any doubt regarding the author/owner’s rights in a copyrighted material, the production legal counsel or attorney for the production company should review all of the contracts and conduct a copyright search prior to the commencement of principal photography to assure that the licensor is the current copyright owner of the work (or assignee of the work), and that there are no other grants of rights or encumbrances on the title that would conflict with the author/owner’s chain of title.
Shared from Rodriquez Law
