1
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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