September 13, 2002
Lucasfilm Can’t Block Pornographic “Star Wars” Parody
In a brief decision, U.S. District Court Judge Claudia Wilken thwarted Lucasfilm Ltd.’s attempt to block distribution of an animated, pornographic parody of “Star Wars.”
Lucasfilm had tried for a preliminary injunction against Media Market Group, producer or distributor of the porn parody “Starballz,” claming trademark dilution, copyright infringement and trademark infringement.
While the judge said the film “tarnishes the Star Wars family of marks by associating them with a pornographic film that is inconsistent with the image Star Wars has striven to maintain for itself,” she noted that because the film is a parody, Lucasfilm failed to prove that it was likely to succeed on any of its claims.
FTC Warns Web Search Engines to Make Sponsorships Clear
Wonder why some websites are always tops on the hit list?
The Federal Trade Commission has been wondering the same thing and has issued a recommendation that all search engines clearly show which companies have paid for positioning.
Prompted by a complaint letter filed by an anti-commercialism organization, the F.T.C. conducted an investigation into whether search engine companies misled its users by quietly inserting advertisements into search results.
The F.T.C. determined that while most search engines usually distinguish paid advertisements from unpaid listings, the disclosures were not sufficiently clear in some cases.
“As a general matter, clear and conspicuous disclosures would put consumers in a position to better determine the importance of these (paid inclusion) practices in their choice of search engines to use,” the F.T.C. wrote.
For the complete FTC response, see http://www.ftc.gov/os/closings/staff/commercialalertletter.htm. For the letter sent to the search engine companies, see http://www.ftc.gov/os/closings/staff/commercialalertattatch.htm.
25 New Faces
Congratulations to Craig Brewer for the distinction of being named one of the “25 New Faces of Indie Film” in the summer issue of Filmmaker Magazine. Craig’s low budget feature, “The Poor and Hungry” is a love story between a car thief and a cello player set in Memphis, Tennessee. The film has been shown on the Independent Film Channel.
August 6, 2002
Film Finders Offers Free Listings
Film Finders, a 15 year-old feature film tracking service and database for distributors seeking to buy films and also for film festivals for their programming purposes wants to list your feature for free! They will also grant you temporary free access to their website which lists all world companies currently buying and selling films plus all films currently available in the world markets. Lastly, they provide unique consulting services especially designed for independent producers and will send you info describing these services. Contact: PeterBelsito@filmfinders.com. Go to http://www.filmfinders.com/
Court Declines To Dismiss Lawsuit Against Publisher Of “Hit Man.”
Generally, publishers are well protected by the First Amendment’s guarantee of free expression. But when Paladin Enterprises, published the book “Hit Man, A Technical Manual for Independent Contractors” it may have gone too far. A hit man allegedly attempted to murder plaintiff Bobby Joe Wilson in accordance with the book’s instructions. While the attempted murder failed, the victim and her son were injured. They sued the publisher for aiding, abetting and conspiring to commit assault and battery. The publisher asked the court to dismiss the lawsuit. Federal Magistrate Thomas Coffin rejected the publisher’s First Amendment defense citing the prior case of Rice v. Paladin Enterprises which concerned another lawsuit against the same publisher arising from another reader’s criminal actions. Wilson v. Paladin Enterprises, 186 F. Supp.2d 1140, 2001 U.S. Dist.LEXIS 23661 (D.Or.2001).
Friday, September 13, 2002
Monday, July 15, 2002
Lansdown Premier
July 15, 2002
You are invited to attend the Los Angeles theatrical premiere of Lansdown, a film directed by my client Tom Zuber.
Starting FRIDAY JULY 19th the award-winning film will play every day in LA at the LAEMMLE MUSIC HALL located at 9036 Wilshire Blvd. (@ Doheny Dr.), Beverly Hills, CA (310-274-6869). Show times for the first week are:
Friday(7/19): 5:00, 7:10,Saturday(7/20)-Sunday(7/21): 12:20, 2:40, 5:00, 7:10, 9:20Monday(7/22)-Thursday(7/25): 5:00, 7:10, 9:20
Filmmakers and cast will be available for Question & Answer after the 7:10 and 9:20 showings on Friday July 19th, Saturday July 20th, and Sunday July 21st. A ticket stub from any Lansdown showing will earn free admission to after-parties taking place on Friday July 19th at The Continental Supper Club (8400 Wilshire @ Gale), and Saturday July 20th at The Firm (6311 Wilshire @ Crescent Heights). After parties will start at 9pm and run all night.
For story synopsis, critical acclaim and other info click on www.lansdown.net/onesheet-la.
The film has also been theatrically released in New York and New Jersey. Zuber was recently signed by Overbrook Entertainment (Will Smith's management company), and just received an offer to finance and produce a thriller he co-wrote entitled The Fall, which he is attached to direct.
You are invited to attend the Los Angeles theatrical premiere of Lansdown, a film directed by my client Tom Zuber.
Starting FRIDAY JULY 19th the award-winning film will play every day in LA at the LAEMMLE MUSIC HALL located at 9036 Wilshire Blvd. (@ Doheny Dr.), Beverly Hills, CA (310-274-6869). Show times for the first week are:
Friday(7/19): 5:00, 7:10,Saturday(7/20)-Sunday(7/21): 12:20, 2:40, 5:00, 7:10, 9:20Monday(7/22)-Thursday(7/25): 5:00, 7:10, 9:20
Filmmakers and cast will be available for Question & Answer after the 7:10 and 9:20 showings on Friday July 19th, Saturday July 20th, and Sunday July 21st. A ticket stub from any Lansdown showing will earn free admission to after-parties taking place on Friday July 19th at The Continental Supper Club (8400 Wilshire @ Gale), and Saturday July 20th at The Firm (6311 Wilshire @ Crescent Heights). After parties will start at 9pm and run all night.
For story synopsis, critical acclaim and other info click on www.lansdown.net/onesheet-la.
The film has also been theatrically released in New York and New Jersey. Zuber was recently signed by Overbrook Entertainment (Will Smith's management company), and just received an offer to finance and produce a thriller he co-wrote entitled The Fall, which he is attached to direct.
Friday, June 14, 2002
WGA UNVEILS NEW LOW BUDGET AGREEMENT
June 14, 2002
WGA UNVEILS NEW LOW BUDGET AGREEMENT
The Writers Guild has announced a new agreement for indie films with budgets of $750,000 or less. In order for the agreement to apply, all writers on the project must request its use in writing. Moreover, in exchange for the deferral, the writer of an original screenplay must perform all writing services. No other writer can be employed without the approval of the writer of the original script.
The new low budget agreement permits the deferral of all or part of the purchase price for an existing script, and the deferral of all or part of the compensation for a first rewrite. However, upon commencement of principal photography, if the budget is more than $500,000, the Producer must pay the writer at least $10,000.
Full payment of the deferment is due upon receipt of monies from any source after recoupment of the total production cost, or commencement of commercial distribution, whichever occurs earlier.
All other provisions of the MBA continue to apply, including obligations in regard to residuals, credits, pension and health payments and separated rights.
VIDEO RETAILERS CHALLENGE REVENUE SHARING
Revenue Sharing is a practice that allows video retailers to obtain cassettes of films for a reduced cost if the retailer agrees to share rental revenues with the distributor. This permits the retailer to stock numerous copies of new films for a nominal cost. The traditional agreement between studios and retailers required the retailer to buy tapes at the full wholesale price which could be substantial ($20-$50). Because of the first sale doctrine under Copyright Law, retailers could repeatedly rent out the tapes to the public, and retain all the revenue for themselves.
Blockbuster had entered into revenue sharing agreements with a number of major studios. Independent retailers objected on the grounds that this arrangement allowed Blockbuster an unfair competitive advantage. Revenue sharing was not invented by Blockbuster, and independent retailers could obtain tapes on a revenue sharing basis from such companies as Rentrak. The independents charge, however, that the favorable terms granted by major studios to blockbuster were not available to them. Blockbuster’s share of the market rose from 27% to 40% during this period, although other factors may well have been responsible for this growth. Blockbuster is owned by Viacom.
This week the retailers’ case came to trial in U.S. District Court in San Antonio, Texas. Viacom Chairman Sumner Redstone testified that he didn’t ask for any exclusive deal with the major studio suppliers.
If successful, the suit could have a significant impact on how tapes are distributed to the home video market. Of course, Blockbuster recently announced that it was not going to renew some of its revenue-sharing deals. And with the tremendous growth of DVD’s (which are not distributed on a revenue-sharing basis) revenue sharing may come to an end anyway.
WGA UNVEILS NEW LOW BUDGET AGREEMENT
The Writers Guild has announced a new agreement for indie films with budgets of $750,000 or less. In order for the agreement to apply, all writers on the project must request its use in writing. Moreover, in exchange for the deferral, the writer of an original screenplay must perform all writing services. No other writer can be employed without the approval of the writer of the original script.
The new low budget agreement permits the deferral of all or part of the purchase price for an existing script, and the deferral of all or part of the compensation for a first rewrite. However, upon commencement of principal photography, if the budget is more than $500,000, the Producer must pay the writer at least $10,000.
Full payment of the deferment is due upon receipt of monies from any source after recoupment of the total production cost, or commencement of commercial distribution, whichever occurs earlier.
All other provisions of the MBA continue to apply, including obligations in regard to residuals, credits, pension and health payments and separated rights.
VIDEO RETAILERS CHALLENGE REVENUE SHARING
Revenue Sharing is a practice that allows video retailers to obtain cassettes of films for a reduced cost if the retailer agrees to share rental revenues with the distributor. This permits the retailer to stock numerous copies of new films for a nominal cost. The traditional agreement between studios and retailers required the retailer to buy tapes at the full wholesale price which could be substantial ($20-$50). Because of the first sale doctrine under Copyright Law, retailers could repeatedly rent out the tapes to the public, and retain all the revenue for themselves.
Blockbuster had entered into revenue sharing agreements with a number of major studios. Independent retailers objected on the grounds that this arrangement allowed Blockbuster an unfair competitive advantage. Revenue sharing was not invented by Blockbuster, and independent retailers could obtain tapes on a revenue sharing basis from such companies as Rentrak. The independents charge, however, that the favorable terms granted by major studios to blockbuster were not available to them. Blockbuster’s share of the market rose from 27% to 40% during this period, although other factors may well have been responsible for this growth. Blockbuster is owned by Viacom.
This week the retailers’ case came to trial in U.S. District Court in San Antonio, Texas. Viacom Chairman Sumner Redstone testified that he didn’t ask for any exclusive deal with the major studio suppliers.
If successful, the suit could have a significant impact on how tapes are distributed to the home video market. Of course, Blockbuster recently announced that it was not going to renew some of its revenue-sharing deals. And with the tremendous growth of DVD’s (which are not distributed on a revenue-sharing basis) revenue sharing may come to an end anyway.
Friday, May 24, 2002
DREAMWORKS WINS PLAGIARISM SUIT
May 24, 2002
DREAMWORKS WINS PLAGIARISM SUIT
Dreamworks has prevailed in a copyright infringement lawsuit brought by former Green Beret Keith Idema who claimed the movie AThe Peacemaker@ infringed his novel and screenplay. The infringement claims were dismissed by Judge Audrey Collins in a lengthy 70-page decision which includes a detail analysis of the works and explains why the similarities do not amount to copyright infringement. The similarities included a border-crossing scene and a checkpoint scene, as well as the premise that a nuclear warhead carried in a backpack could destroy much of a city.
Idema v. Dreamworks, Inc., 162 F. Supp.2d 1129, 2001 U.S. Dist. LEXIS 14810 (C.D. Cal. 2001).
UPCOMING UCLA SEMINAR
I will be teaching a UCLA class this summer on Financing Independent Features and Negotiating a Distribution Agreement which is the subject of my next book.
This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross-collateralization and creative accounting. Particular attention is paid to how producers and film makers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, self-defense checklist and other materials.
8.75 hours of MCLE credit available.
Reg# M7896B
UCLA: Public Policy Bldg.Saturday, 10am-5pm,August 10Sunday, 9am-12pm,August 11
To register for the class call UCLA at (310) 825-9971 or visit their website:www.uclaextension.org/entertainmentstudies
DREAMWORKS WINS PLAGIARISM SUIT
Dreamworks has prevailed in a copyright infringement lawsuit brought by former Green Beret Keith Idema who claimed the movie AThe Peacemaker@ infringed his novel and screenplay. The infringement claims were dismissed by Judge Audrey Collins in a lengthy 70-page decision which includes a detail analysis of the works and explains why the similarities do not amount to copyright infringement. The similarities included a border-crossing scene and a checkpoint scene, as well as the premise that a nuclear warhead carried in a backpack could destroy much of a city.
Idema v. Dreamworks, Inc., 162 F. Supp.2d 1129, 2001 U.S. Dist. LEXIS 14810 (C.D. Cal. 2001).
UPCOMING UCLA SEMINAR
I will be teaching a UCLA class this summer on Financing Independent Features and Negotiating a Distribution Agreement which is the subject of my next book.
This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross-collateralization and creative accounting. Particular attention is paid to how producers and film makers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, self-defense checklist and other materials.
8.75 hours of MCLE credit available.
Reg# M7896B
UCLA: Public Policy Bldg.Saturday, 10am-5pm,August 10Sunday, 9am-12pm,August 11
To register for the class call UCLA at (310) 825-9971 or visit their website:www.uclaextension.org/entertainmentstudies
Tuesday, April 30, 2002
Lawsuit Filed Against Producer Who Captured Women Baring Their Bodies in Public
April 30, 2002
Lawsuit Filed Against Producer Who Captured Women Baring Their Bodies in Public
A Florida State University student is suing a producer who videotaped her as she exposed her breasts in public on Bourbon Street in New Orleans during Mardi Gras. The footage was included in the production “Girls Gone Wild,” with the woman’s image also put on videocassette covers. The motion picture features women exposing their bodies at Mardi Gras, Spring Break and other events. The plaintiff claimed the producer invaded her privacy and used her image without her consent. The defendant replies that the breast-baring video is a "newsworthy event," and protected under the First Amendment.
The student will have a difficult time winning on an invasion of privacy claim. Courts have held that people do not have a reasonable expectation of privacy in public places. In Gill v. Hearst Publishing, 40 Cal. 2d 224 (1953), the "Ladies Home Journal" published an unauthorized photograph of Mr. and Mrs. Gill in an affectionate pose at a confectionery and ice cream concession at the Farmer's Market in Los Angeles. The Gills were fully clothed and in open public view when a passing photographer snapped their picture without their consent. The photo was used in the magazine as an illustration of a type of "love at first sight," based solely on sexual attraction. Nothing in the article mentioned the Gills or their relationship B they were merely subjects in a stock photo bought to illustrate the story. The court found against the Gills, reasoning that if everyone had the right to stop publication of photos taken without their permission, no photo could ever be published of a street scene or a parade.
The more difficult issue to resolve is whether the “Girls Gone Wild” footage infringes the woman’s Right of Publicity. The Right of Publicity is the right everyone has to control the use of their name, likeness and image on commercial products. A manufacturer cannot put a person’s image on its brand of tomato sauce without that person’s permission. The Right of Publicity is typically exploited in the realm of commercials and endorsements. Some sports stars earn more from licensing their image than they make in salary.
However, when a person’s image is used on a product such as “Newsweek” magazine, the publisher’s rights to free expression under the First Amendment may conflict with the subject’s right to control the use of their name and likeness. In most of these cases, the First Amendment right of free expression has been considered the paramount right. California recognized this principle when enacting Civil Code section 3344 which prevents the use of people’s name and likeness on products and goods but exempts such uses in news, public affairs and sports broadcasts.
LANSDOWN Opens in New Jersey
Congratulations to our client, Tom Zuber, whose film Lansdown opened in New Jersey this past weekend and was the highest grossing film at Hillsborough Cinemas, out grossing movies such as Panic Room and The Scorpion King.
LANSDOWN has been lauded as "a wonderfully eccentric piece of independent film making.”
Critical acclaim for LANSDOWN:
"a well-paced, wryly offbeat noir" - The Boston Herald
"a winner" - Entertainment Today
"the first-time director cleverly blends an exciting mix of stylish dark humor, tense drama and a distinctive technique to tell his moody tale about infidelity" - The American Reporter
"Tom Zuber takes us on a sharp little walk on the dark side... D.W. Warren shows true comedic talent and timing." - Guerrilla Filmmaker
"[Lansdown] scores as a nifty normal-folk-doing-stupid-deadly-things comedy a la 'Fargo'... with Zuber and his cast of unknowns all earmarked as talents to watch." - Daily Variety
The Hillsborough Cinemas are located at 111 Raider Blvd., Belle Mead, NJ.
LANSDOWN will also be opening in New York City and Los Angeles later on this year. LANSDOWN is being distributed by Outrider Pictures. For more information on LANSDOWN visit www.lansdown.net.Starting Friday May 3rd Lansdown will also be playing at the Clearview Clairidge Cinemas at 486 Bloomfield Ave., Montclair, N.J.
Lawsuit Filed Against Producer Who Captured Women Baring Their Bodies in Public
A Florida State University student is suing a producer who videotaped her as she exposed her breasts in public on Bourbon Street in New Orleans during Mardi Gras. The footage was included in the production “Girls Gone Wild,” with the woman’s image also put on videocassette covers. The motion picture features women exposing their bodies at Mardi Gras, Spring Break and other events. The plaintiff claimed the producer invaded her privacy and used her image without her consent. The defendant replies that the breast-baring video is a "newsworthy event," and protected under the First Amendment.
The student will have a difficult time winning on an invasion of privacy claim. Courts have held that people do not have a reasonable expectation of privacy in public places. In Gill v. Hearst Publishing, 40 Cal. 2d 224 (1953), the "Ladies Home Journal" published an unauthorized photograph of Mr. and Mrs. Gill in an affectionate pose at a confectionery and ice cream concession at the Farmer's Market in Los Angeles. The Gills were fully clothed and in open public view when a passing photographer snapped their picture without their consent. The photo was used in the magazine as an illustration of a type of "love at first sight," based solely on sexual attraction. Nothing in the article mentioned the Gills or their relationship B they were merely subjects in a stock photo bought to illustrate the story. The court found against the Gills, reasoning that if everyone had the right to stop publication of photos taken without their permission, no photo could ever be published of a street scene or a parade.
The more difficult issue to resolve is whether the “Girls Gone Wild” footage infringes the woman’s Right of Publicity. The Right of Publicity is the right everyone has to control the use of their name, likeness and image on commercial products. A manufacturer cannot put a person’s image on its brand of tomato sauce without that person’s permission. The Right of Publicity is typically exploited in the realm of commercials and endorsements. Some sports stars earn more from licensing their image than they make in salary.
However, when a person’s image is used on a product such as “Newsweek” magazine, the publisher’s rights to free expression under the First Amendment may conflict with the subject’s right to control the use of their name and likeness. In most of these cases, the First Amendment right of free expression has been considered the paramount right. California recognized this principle when enacting Civil Code section 3344 which prevents the use of people’s name and likeness on products and goods but exempts such uses in news, public affairs and sports broadcasts.
LANSDOWN Opens in New Jersey
Congratulations to our client, Tom Zuber, whose film Lansdown opened in New Jersey this past weekend and was the highest grossing film at Hillsborough Cinemas, out grossing movies such as Panic Room and The Scorpion King.
LANSDOWN has been lauded as "a wonderfully eccentric piece of independent film making.”
Critical acclaim for LANSDOWN:
"a well-paced, wryly offbeat noir" - The Boston Herald
"a winner" - Entertainment Today
"the first-time director cleverly blends an exciting mix of stylish dark humor, tense drama and a distinctive technique to tell his moody tale about infidelity" - The American Reporter
"Tom Zuber takes us on a sharp little walk on the dark side... D.W. Warren shows true comedic talent and timing." - Guerrilla Filmmaker
"[Lansdown] scores as a nifty normal-folk-doing-stupid-deadly-things comedy a la 'Fargo'... with Zuber and his cast of unknowns all earmarked as talents to watch." - Daily Variety
The Hillsborough Cinemas are located at 111 Raider Blvd., Belle Mead, NJ.
LANSDOWN will also be opening in New York City and Los Angeles later on this year. LANSDOWN is being distributed by Outrider Pictures. For more information on LANSDOWN visit www.lansdown.net.Starting Friday May 3rd Lansdown will also be playing at the Clearview Clairidge Cinemas at 486 Bloomfield Ave., Montclair, N.J.
Wednesday, April 24, 2002
SELF-DEFENSE FOR FILMMAKERS
April 24, 2002
SELF-DEFENSE FOR FILMMAKERS
This coming weekend (April 27 and 28, 2002) I will be teaching my UCLA extension class on Self-Defense for Filmmakers. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9971 or visit their website:www.uclaextension.org/entertainmentstudies
SELF-DEFENSE FOR FILMMAKERS
This coming weekend (April 27 and 28, 2002) I will be teaching my UCLA extension class on Self-Defense for Filmmakers. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9971 or visit their website:www.uclaextension.org/entertainmentstudies
Wednesday, April 17, 2002
UPCOMING UCLA SEMINARS
April 17, 2002
UPCOMING UCLA SEMINARS
I will be teaching a new UCLA extension class this summer on Financing Independent Features and Negotiationg a Distribution Agreement.
This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross-collaterization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, self-defense checklist and other materials.
8.75 hours of MCLE credit available.
Reg# M7896BUCLA: Public Policy Bldg.Saturday, 10am-5pm,August 10Sunday, 9am-12pm,August 11
UPCOMING UCLA SEMINARS
I will be teaching a new UCLA extension class this summer on Financing Independent Features and Negotiationg a Distribution Agreement.
This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross-collaterization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, self-defense checklist and other materials.
8.75 hours of MCLE credit available.
Reg# M7896BUCLA: Public Policy Bldg.Saturday, 10am-5pm,August 10Sunday, 9am-12pm,August 11
Monday, April 08, 2002
The Importance of an Assignment Clause
April 8, 2002
The Importance of an Assignment Clause
A recent case by the Ninth Circuit Court of Appeals makes clear why it is important to include an express provision allowing assignment when entering into an exclusive copyright license. The court held that a licensee cannot transfer its exclusive rights without the copyright owner’s consent.
The case concerned a cartoon character called AMC Teach, which was owned by Nike. Nike granted Sony an exclusive license to use the character in certain specified ways. The license did not address whether Sony could sub-license its rights. Sony subsequently transferred all its rights to a person who used the character on educational materials. Nike objected.
This case illustrates how important it is for production companies to obtain written consent to assign their rights when they license underlying works, such as books, scripts and music. Without an assignment clause permitting assignment, the production company may not be able to assign its rights to third parties. Moreover, if a production company goes bankrupt, its assets would include the right to distribute its productions. But if the rights to use the underlying works in those productions, such as music on the soundtrack, could not be assigned, then these motion pictures might be worthless. Gardner v. Nike, Inc., Download PDF
Craig Brewer wins Rockefeller Fellowship
Congratulations to our client writer/director Craig Brewer who has just been awarded a Rockefeller Foundation Media Art’s Fellowship. 22 Fellows were accepted this year. A list of the awards can be found at www.RockMediaFellows.org. The award comes with a stipend of $35,000. Craig’s The Poor & Hungry will be playing at the DGA theater on Thursday, May 9, 2002 at 7pm. The screening is open to the public.
The Importance of an Assignment Clause
A recent case by the Ninth Circuit Court of Appeals makes clear why it is important to include an express provision allowing assignment when entering into an exclusive copyright license. The court held that a licensee cannot transfer its exclusive rights without the copyright owner’s consent.
The case concerned a cartoon character called AMC Teach, which was owned by Nike. Nike granted Sony an exclusive license to use the character in certain specified ways. The license did not address whether Sony could sub-license its rights. Sony subsequently transferred all its rights to a person who used the character on educational materials. Nike objected.
This case illustrates how important it is for production companies to obtain written consent to assign their rights when they license underlying works, such as books, scripts and music. Without an assignment clause permitting assignment, the production company may not be able to assign its rights to third parties. Moreover, if a production company goes bankrupt, its assets would include the right to distribute its productions. But if the rights to use the underlying works in those productions, such as music on the soundtrack, could not be assigned, then these motion pictures might be worthless. Gardner v. Nike, Inc., Download PDF
Craig Brewer wins Rockefeller Fellowship
Congratulations to our client writer/director Craig Brewer who has just been awarded a Rockefeller Foundation Media Art’s Fellowship. 22 Fellows were accepted this year. A list of the awards can be found at www.RockMediaFellows.org. The award comes with a stipend of $35,000. Craig’s The Poor & Hungry will be playing at the DGA theater on Thursday, May 9, 2002 at 7pm. The screening is open to the public.
Friday, March 15, 2002
UCLA SEMINAR ON SELF-DEFENSE FOR FILMMAKERS
March 15, 2002
UCLA SEMINAR ON SELF-DEFENSE FOR FILMMAKERS
I will be repeating my UCLA extension class on Self-Defense for filmmakers on April 27 and 28, 2002.
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiatúing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9064 or visit their website: www.uclaextension.org/entertainmentstudies
BERMUDA FILM FESTIVAL
This year’s Bermuda Film Festival will take place from April 12-18. As a member of the board of advisors to the festival I look forward to returning to beautiful Bermuda and enjoying the festival. I will speaking on Monday, April 15 on the topic AFilmmakers Take Note, Placing Music in your Film.
I am pleased to have arranged as the opening night film “To End All Wars” (www.toendallwars.com), produced by my clients Director David Cunningham and Producer Jack Hafer. “To End All Wars” was shown recently at the Telluride, Toronto and Mill Valley Film Festivals to great acclaim. The film will be the closing night film at the Methodfest film festival in Pasadena on April 18, 2002. This powerful WW II picture stars Kiefer Sutherland and Robert Caryle. We regret that the subject of the film, POW survivor Ernest Gordon, recently passed away.
Check out the Bermuda film festival at: http://www.bermudafilmfest.com/
FESTIVAL LIST
Now visitors to my website can directly add or revise a festival listing. We have a listing of film and video festivals with contact information. Our new self-upload tool allows you to directly submit information about your film festival by filling out a form online. Please go to to the festival form at: http://www.marklitwak.com/festival.asp. There is no charge for listing your festival.
UCLA SEMINAR ON SELF-DEFENSE FOR FILMMAKERS
I will be repeating my UCLA extension class on Self-Defense for filmmakers on April 27 and 28, 2002.
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiatúing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9064 or visit their website: www.uclaextension.org/entertainmentstudies
BERMUDA FILM FESTIVAL
This year’s Bermuda Film Festival will take place from April 12-18. As a member of the board of advisors to the festival I look forward to returning to beautiful Bermuda and enjoying the festival. I will speaking on Monday, April 15 on the topic AFilmmakers Take Note, Placing Music in your Film.
I am pleased to have arranged as the opening night film “To End All Wars” (www.toendallwars.com), produced by my clients Director David Cunningham and Producer Jack Hafer. “To End All Wars” was shown recently at the Telluride, Toronto and Mill Valley Film Festivals to great acclaim. The film will be the closing night film at the Methodfest film festival in Pasadena on April 18, 2002. This powerful WW II picture stars Kiefer Sutherland and Robert Caryle. We regret that the subject of the film, POW survivor Ernest Gordon, recently passed away.
Check out the Bermuda film festival at: http://www.bermudafilmfest.com/
FESTIVAL LIST
Now visitors to my website can directly add or revise a festival listing. We have a listing of film and video festivals with contact information. Our new self-upload tool allows you to directly submit information about your film festival by filling out a form online. Please go to to the festival form at: http://www.marklitwak.com/festival.asp. There is no charge for listing your festival.
Wednesday, March 13, 2002
Articles Published
March 13, 2002
Congratulations to our client, director Richard Gale, who was interviewed on a major Australian movie site. http://www.webwombat.com/entertainment/movies/pressure_int.htm
Articles Published
Two articles of mine were published this month. “The Independent” published an article titled “Self Defense for Screenwriters” in their March 2002 issue. This article discusses how writers can avoid infringing the rights of those they mention or portray.
“Script” magazine has just published my article “Protecting Your Stories” which explains how writers can protect their story ideas from theft.
New Address
We have now moved to our new offices at 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. The move went smoothly except that Pac Bell dropped the ball and our phones and fax were down for a day. We apologize if you tried to reach us and were unable to do so.
Congratulations to our client, director Richard Gale, who was interviewed on a major Australian movie site. http://www.webwombat.com/entertainment/movies/pressure_int.htm
Articles Published
Two articles of mine were published this month. “The Independent” published an article titled “Self Defense for Screenwriters” in their March 2002 issue. This article discusses how writers can avoid infringing the rights of those they mention or portray.
“Script” magazine has just published my article “Protecting Your Stories” which explains how writers can protect their story ideas from theft.
New Address
We have now moved to our new offices at 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. The move went smoothly except that Pac Bell dropped the ball and our phones and fax were down for a day. We apologize if you tried to reach us and were unable to do so.
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