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Legal Basics for Filmmakers

TCFF Film School 2015Joseph Voss, Clark Hill PLC

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Roadmap for the Discussion:

1. Overarching Legal Themes

2. Production Phases

3. Choosing and Working with Lawyers

4. Let’s Make a Movie!

5. Questions/Discussion

Henri’s Walk To Paris by Lenore Kline,

illustrated by Saul Bass

OVERARCHING LEGAL THEMES

Intellectual Property Law (Chain of Title)

Copyright

Trademark

Contract Law (A “Meeting of the Minds”)

Labor and Employment Law Tax Law First Amendment LawPrivacy Law Litigation

PRODUCTION PHASES

Development

• Financing• Acquisition of Rights• Key creatives

Production

• Pre-Production• Principal Photography• Post-Production

Distribution

Chain of Title Comes Home to Roost

Choosing and Working With Lawyers

• Choose the right one

• Communicate early/often

• Clearly define the relationship

Let’s Make a Movie!

DEVELOPMENT

Formation of Production CompanyLimited Liability Company

Acquisition of the Rights to the BookLiterary Option and Purchase Agreement

FinancingSecurities Laws

Attachment of Key TalentGuilds

Greenlight!

PRODUCTION

CastPerformer Agreements

CrewDeal Memos

LocationsLocation Agreements

Depiction of People and PropertyReleases

MusicMaster Use and Synchronization Licenses

DISTRIBUTION

DeliverablesTechnical and Legal

Foreign/Domestic SalesSales Agency Agreements

Paying People BackRevenue Waterfalls

DIYSelf-Distribution

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