January 31, 2005
In this newsletter:
"HUSTLE & FLOW" WINS SUNDANCE AUDIENCE AWARD
Congratulations to our client, writer/director Craig Brewer. His film, "Hustle & Flow," won the American Dramatic Audience Award at the Sundance Film Festival. Winners were announced yesterday at the Park City Racquet Club. The film sold to Paramount for $9 million earlier in the week.
"Hustle & Flow" is the story of a Memphis pimp who wants to be a rap star. The picture stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning. The film should be in theaters this summer.
“THE MATADOR” SELLS TO MIRAMAX
Congratulations to our client, writer/director Richard Shepard. Miramax bought distribution rights to his film, “The Matador,” for $7.5 million at Sundance.
“The Matador” is a quirky thriller that stars Pierce Brosnan as a lonely hitman and his friendship with an unsuspecting couple from suburbia played by Greg Kinnear and Hope Davis.
CONGRATULATIONS TO “MARILYN HOTCHKISS”
Congratulations to our clients Art Klein, executive producer, and Eileen Craft, producer of “Marilyn Hotchkiss Ballroom Dancing and Charm School.” Their film received a standing ovation from the Sundance audience after its world premiere screening and got a thumbs-up review from Ain’t It Cool News. “Marilyn Hotchkiss” tells the tale of a widower whose life is changed when he goes to search for a dying man’s lost love. The film stars Robert Carlyle, Marisa Tomei, Mary Steenburgen, Sean Astin, Donnie Wahlberg, David Paymer, Camryn Manheim, Adam Arkin, Sonia Braga, Elden Henson, Ernie Hudson, Miguel Sandoval, Danny DeVito, John Goodman.
Click here for the review.
BRITISH COLUMBIA ROLLS OUT NEW INCENTIVES
In response to the new TV and film production incentives announced by Ontario and Quebec provinces, British Columbia has introduced legislation to step up its own tax incentive plan. The new incentives, which will be introduced to the provincial legislature in February, will increase the foreign production service tax credit to 18 percent, and raise the domestic tax credit to 30 percent.If ratified, the increases will take effect Jan. 1, 2005, and continue until Mar. 31, 2006. The move is seen as an attempt to keep productions from heading to the eastern provinces.
Click here for B.C.'s current film and television incentives.
COPYRIGHT & DISCLAIMER
Mark Litwak & Associates grants newsletter recipients permission to copy and distribute this newsletter and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.
DISCLAIMER: While we are careful in preparing this newsletter, readers should consult with a lawyer before relying on any information. Case law and statutes are subject to change, and may not apply in all jurisdictions.
Copyright 2005, Mark Litwak
Monday, January 31, 2005
Monday, January 24, 2005
CONGRATULATIONS TO OUR CLIENT, CRAIG BREWER
January 24, 2005
In this newsletter:
CONGRATULATIONS TO OUR CLIENT, CRAIG BREWER
Congratulations to our client, director and writer Craig Brewer. His film, "Hustle & Flow," was picked up for distribution by Viacom at the Sundance Film Festival for a $9 million advance. It’s part of a $16 million distribution deal -- the biggest deal ever closed at Sundance.
Viacom plans to distribute the film through all of its media channels, with theatrical to be released this summer by Paramount's not-yet-named indie films mini-major. "Hustle & Flow" will be backed by a $15 million P&A campaign primarily funded by Paramount and MTV.
"Hustle & Flow" is the story of a Memphis pimp who wants to be a rap star. The picture stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning. It will continue to screen at Sundance all week.
In this newsletter:
CONGRATULATIONS TO OUR CLIENT, CRAIG BREWER
Congratulations to our client, director and writer Craig Brewer. His film, "Hustle & Flow," was picked up for distribution by Viacom at the Sundance Film Festival for a $9 million advance. It’s part of a $16 million distribution deal -- the biggest deal ever closed at Sundance.
Viacom plans to distribute the film through all of its media channels, with theatrical to be released this summer by Paramount's not-yet-named indie films mini-major. "Hustle & Flow" will be backed by a $15 million P&A campaign primarily funded by Paramount and MTV.
"Hustle & Flow" is the story of a Memphis pimp who wants to be a rap star. The picture stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning. It will continue to screen at Sundance all week.
Monday, January 17, 2005
CONGRATULATIONS TO OUR SUNDANCE ENTRANTS
January 17, 2005
In this newsletter:
CONGRATULATIONS TO OUR SUNDANCE ENTRANTS
Congratulations to our clients whose films have been selected for the upcoming 2005 Sundance Film Festival. Screening times are listed, however times and locations are subject to change. Please check with the box office or the Sundance website at festival.sundance.org/2005/ for any updates. Director and Writer Craig Brewer, “Hustle & Flow” (Dramatic Competition) The film stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning.
In this newsletter:
CONGRATULATIONS TO OUR SUNDANCE ENTRANTS
Congratulations to our clients whose films have been selected for the upcoming 2005 Sundance Film Festival. Screening times are listed, however times and locations are subject to change. Please check with the box office or the Sundance website at festival.sundance.org/2005/ for any updates. Director and Writer Craig Brewer, “Hustle & Flow” (Dramatic Competition) The film stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning.
Tuesday, January 11, 2005
NYC OFFERS A NEW TAX INCENTIVE TO FILMMAKERS
January 11, 2005
In this newsletter:
NYC OFFERS A NEW TAX INCENTIVE TO FILMMAKERS
New York City Mayor Michael Bloomberg recently signed legislation that provides an additional 5% refundable tax credit to filmmakers shooting in the city. The credit is part of a package of “Made in NY” incentives intended to encourage more productions in the city itself, and is in addition to the 10% refundable tax credit given by the state of New York.
The NYC tax credit is applicable to all costs of below-the-line tangible property or services used or performed within any of the five boroughs of New York City. The costs must be incurred directly and predominately in the pre-production, production, and post-production of a qualified film.
The refundable tax credit is applied against the production company or film owner’s New York State taxes. Fifty percent of any unused, earned credits may be carried forward to the following year. If those credits are still unused, they become fully refundable to the production company or film owner in the third year.
Productions eligible to apply for the “Made in NY” credit include feature length films, made-for-TV movies, television pilots, and television series, and the productions must be completed sometime between this year and 2007. To qualify, 75% of the total stage work must be conducted in a qualified New York City facility. If the production spends at least $3 million during production of the film at the qualified facility, the production company is eligible for the entire 5% tax credit refund. If the production spends less than $3 million at the qualified facility, but spends at least 75% of its location days in NYC, the production company is also eligible for the entire 5% tax credit refund. If the production spends less than $3 million and shoots less than 75% of its location days in NYC, the production company will only receive a tax credit refund for the qualified costs at the qualified facility. Credits are offered on a first come, first served basis.
For more information, contact the City of New York Mayor’s Office of Film, Theatre and Broadcasting: www.nyc.gov/html/film/html/index/index.shtml .
In this newsletter:
NYC OFFERS A NEW TAX INCENTIVE TO FILMMAKERS
New York City Mayor Michael Bloomberg recently signed legislation that provides an additional 5% refundable tax credit to filmmakers shooting in the city. The credit is part of a package of “Made in NY” incentives intended to encourage more productions in the city itself, and is in addition to the 10% refundable tax credit given by the state of New York.
The NYC tax credit is applicable to all costs of below-the-line tangible property or services used or performed within any of the five boroughs of New York City. The costs must be incurred directly and predominately in the pre-production, production, and post-production of a qualified film.
The refundable tax credit is applied against the production company or film owner’s New York State taxes. Fifty percent of any unused, earned credits may be carried forward to the following year. If those credits are still unused, they become fully refundable to the production company or film owner in the third year.
Productions eligible to apply for the “Made in NY” credit include feature length films, made-for-TV movies, television pilots, and television series, and the productions must be completed sometime between this year and 2007. To qualify, 75% of the total stage work must be conducted in a qualified New York City facility. If the production spends at least $3 million during production of the film at the qualified facility, the production company is eligible for the entire 5% tax credit refund. If the production spends less than $3 million at the qualified facility, but spends at least 75% of its location days in NYC, the production company is also eligible for the entire 5% tax credit refund. If the production spends less than $3 million and shoots less than 75% of its location days in NYC, the production company will only receive a tax credit refund for the qualified costs at the qualified facility. Credits are offered on a first come, first served basis.
For more information, contact the City of New York Mayor’s Office of Film, Theatre and Broadcasting: www.nyc.gov/html/film/html/index/index.shtml .
Wednesday, December 29, 2004
WRITING STYLE AND METHOD OF EXPRESSION ALONE ARE NOT COPYRIGHTABLE, COURTS RULE
December 29, 2004
In this newsletter:
WRITING STYLE AND METHOD OF EXPRESSION ALONE ARE NOT COPYRIGHTABLE, COURTS RULE
An author of two short plays about Marilyn Monroe sued CBS & Viacom for copyright infringement. The author, David Whitehead, claimed that the CBS television miniseries “Blonde”, infringed his exclusive rights of reproduction and adaptation. The Plaintiff based his infringement claim on a similar style between the two works and on individual elements of the Defendants work that he claimed were strikingly similar to elements of his plays. The Defendants claimed that there was no basis for the suit and asked that the case be thrown out of court.
Judge Richard Roberts of the U.S. District Court for the District of Columbia sided with CBS, granting Defendants’ motion for summary judgment. In granting summary judgment Judge Roberts acknowledged that questions of substantial similarity in copyright claims are often very close questions of fact, but that “summary judgment is proper if evidence of substantial similarity is merely colorable or not significantly probative.”
The court granted summary judgment on the basis that no reasonable jury could find that a substantial similarity in the “total concept and feel” of the two works existed. The plot of one the Plaintiff’s plays involved a posthumous visit from Marilyn Monroe in which she revisits her life’s events. The play is set to the music of Prince and it quickly makes “the audience. …aware that the play requires a suspension of literal belief for Monroe comes back from the dead,” the court wrote. The Defendants’ work on the other hand was “a drama without any of the fantastic qualities of plaintiff’s plays.”
The court quickly did away with Plaintiff’s claim based on similarities in style by stating, “a particular writing style or method of expression standing alone is not protected by the Copyright Act.” The court then proceeded to consider the individual elements that Plaintiff claimed were infringed by the Defendants work. Many of the supposed similarities were not protectable elements at all; rather they were facts of Marilyn Monroe’s life. These factual events were detailed in the various sources Plaintiff cited in the bibliography of his own works, an irony that did not go unnoticed by the court.
Whitehead v CBS/Viacom Inc., 315 F. Supp. 2d 1, 9 (D.D.C. 2004.)
PHIL NIBBELINK FEATURED IN ANIMATION MAGAZINE
Our client, animator Phil Nibbelink, and his project, “Romeo + Juliet, Sealed With A Kiss” are featured in “Skwigly,” a UK-based animation magazine available on the web. The article is available at www.biganimation.com/magazine/news/article.asp?articleid=412&zoneid=3
In this newsletter:
WRITING STYLE AND METHOD OF EXPRESSION ALONE ARE NOT COPYRIGHTABLE, COURTS RULE
An author of two short plays about Marilyn Monroe sued CBS & Viacom for copyright infringement. The author, David Whitehead, claimed that the CBS television miniseries “Blonde”, infringed his exclusive rights of reproduction and adaptation. The Plaintiff based his infringement claim on a similar style between the two works and on individual elements of the Defendants work that he claimed were strikingly similar to elements of his plays. The Defendants claimed that there was no basis for the suit and asked that the case be thrown out of court.
Judge Richard Roberts of the U.S. District Court for the District of Columbia sided with CBS, granting Defendants’ motion for summary judgment. In granting summary judgment Judge Roberts acknowledged that questions of substantial similarity in copyright claims are often very close questions of fact, but that “summary judgment is proper if evidence of substantial similarity is merely colorable or not significantly probative.”
The court granted summary judgment on the basis that no reasonable jury could find that a substantial similarity in the “total concept and feel” of the two works existed. The plot of one the Plaintiff’s plays involved a posthumous visit from Marilyn Monroe in which she revisits her life’s events. The play is set to the music of Prince and it quickly makes “the audience. …aware that the play requires a suspension of literal belief for Monroe comes back from the dead,” the court wrote. The Defendants’ work on the other hand was “a drama without any of the fantastic qualities of plaintiff’s plays.”
The court quickly did away with Plaintiff’s claim based on similarities in style by stating, “a particular writing style or method of expression standing alone is not protected by the Copyright Act.” The court then proceeded to consider the individual elements that Plaintiff claimed were infringed by the Defendants work. Many of the supposed similarities were not protectable elements at all; rather they were facts of Marilyn Monroe’s life. These factual events were detailed in the various sources Plaintiff cited in the bibliography of his own works, an irony that did not go unnoticed by the court.
Whitehead v CBS/Viacom Inc., 315 F. Supp. 2d 1, 9 (D.D.C. 2004.)
PHIL NIBBELINK FEATURED IN ANIMATION MAGAZINE
Our client, animator Phil Nibbelink, and his project, “Romeo + Juliet, Sealed With A Kiss” are featured in “Skwigly,” a UK-based animation magazine available on the web. The article is available at www.biganimation.com/magazine/news/article.asp?articleid=412&zoneid=3
Wednesday, December 01, 2004
CONGRATULATIONS TO OUR SUNDANCE ENTRANTS
December 1, 2004
In this newsletter:
CONGRATULATIONS TO OUR SUNDANCE ENTRANTS
Congratulations to our clients whose films have been selected for the upcoming 2005 Sundance Film Festival: Director and Writer Craig Brewer, “Hustle & Flow” (Dramatic Competition) The film stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning.
Producers Eileen Craft and Art Klein, “Marilyn Hotchkiss Ballroom Dancing and Charm School” (World Premiere).
The film stars Robert Carlyle, Marisa Tomei, Mary Steenburgen, Sean Astin, Donnie Wahlberg, David Paymer, Camryn Manheim, Adam Arkin, Sonia Braga, Elden Henson, Ernie Hudson, Miguel Sandoval, Danny DeVito, and John Goodman.
Director and Writer Richard Shepard, “The Matador” (World Premiere) The film stars Pierce Brosnan, Dylan Baker, Hope Davis, Philip Baker Hall, and Greg Kinnear.
The Sundance Film Festival will be held January 20-30, 2005 in Park City, UT. For more details and a schedule of screenings, visit festival.sundance.org/2005/.
In this newsletter:
CONGRATULATIONS TO OUR SUNDANCE ENTRANTS
Congratulations to our clients whose films have been selected for the upcoming 2005 Sundance Film Festival: Director and Writer Craig Brewer, “Hustle & Flow” (Dramatic Competition) The film stars Terrence Dashon Howard, DJ Qualls, Ludacris, and Taryn Manning.
Producers Eileen Craft and Art Klein, “Marilyn Hotchkiss Ballroom Dancing and Charm School” (World Premiere).
The film stars Robert Carlyle, Marisa Tomei, Mary Steenburgen, Sean Astin, Donnie Wahlberg, David Paymer, Camryn Manheim, Adam Arkin, Sonia Braga, Elden Henson, Ernie Hudson, Miguel Sandoval, Danny DeVito, and John Goodman.
Director and Writer Richard Shepard, “The Matador” (World Premiere) The film stars Pierce Brosnan, Dylan Baker, Hope Davis, Philip Baker Hall, and Greg Kinnear.
The Sundance Film Festival will be held January 20-30, 2005 in Park City, UT. For more details and a schedule of screenings, visit festival.sundance.org/2005/.
Friday, November 19, 2004
LEARN SELF-DEFENSE FROM MARK
November 19, 2004
In this newsletter:
LEARN SELF-DEFENSE FROM MARK Nov. 27–28, CALGARY, CANADA Southern Alberta Institute of Technology
Mark will present his weekend workshop, “Self Defense for Writers and Filmmakers.” During the discussion Mark will cover topics including · character portrayal – defamation, privacy and unfair competition · copyright – limits, duration and protection · contracts – negotiation, conclusion and remedies · financing and presale agreement · film distribution For more information and to reserve your seat, contact Sheila Connell by phone: 403-230-4617 ext. 242; by fax: 403-277-8930; or email: sheila@macphailharding.com
Preferential hotel accommodation rates are available for out of town delegates.
In this newsletter:
LEARN SELF-DEFENSE FROM MARK Nov. 27–28, CALGARY, CANADA Southern Alberta Institute of Technology
Mark will present his weekend workshop, “Self Defense for Writers and Filmmakers.” During the discussion Mark will cover topics including · character portrayal – defamation, privacy and unfair competition · copyright – limits, duration and protection · contracts – negotiation, conclusion and remedies · financing and presale agreement · film distribution For more information and to reserve your seat, contact Sheila Connell by phone: 403-230-4617 ext. 242; by fax: 403-277-8930; or email: sheila@macphailharding.com
Preferential hotel accommodation rates are available for out of town delegates.
Friday, October 29, 2004
“BUSH’S BRAIN” TO AIR ON SUNDANCE CHANNEL
October 29, 2004
In this newsletter:
“BUSH’S BRAIN” TO AIR ON SUNDANCE CHANNEL
Congratulations to our clients, Joseph Mealey and Michael Shoob. Their documentary, “Bush’s Brain” is set to air on Nov. 1 on the Sundance Channel.
For airtimes, check the Sundance Channel schedule: www.sundancechannel.com/schedule/?schedDate=11/01/2004+06:00:00
For further information about the documentary, visit www.bushsbrain.com/
“DEADBEAT CLUB” WINS DEEP ELLUM FILM FESTIVAL
“The Deadbeat Club,” by client Israel Luna, was given the 2004 Deep Ellum Film Festival Audience Award for Best Feature Film at the festival’s awards ceremony on Thursday, Oct. 21.
“The Deadbeat Club,” based on a true story written and directed by Israel Luna, was shot in HD on location in West Texas. Luna’s film, which the Dallas Voice heralds as “a sharp film that bursts with color…” is an inspiring and amusing story about a 15-year-old high school misfit who overcomes a tragic loss by uniting an unlikely group of friends.
Congratulations Israel.
PRODUCTION TAX INCENTIVE BECOMES LAW
Congress has passed, and President Bush has signed, legislation that gives a tax break to movies made in the U.S. This is the first federal tax incentive law to stop runaway productions.
Under the new law, independent producers may write off a movie in a single year if it has a budget of $1 million-$15 million and 75% of that budget is spent in the United States. The limit goes up to $20 million if the movie is made in a low-income area of the U.S.
Under this legislation, the cost of producing qualifying films can be fully deducted from income for tax purposes in the year the expenditures occur. This contrasts with prior law which provides that the cost of producing a movie is recovered over several years.
This tax break is a tiny piece of a $136 billion corporate tax bill.
Additional information is posted on the DGA web site: www.dga.org/thedga/leg_rp_updte-102204.php3?§ion=thedga&oldsection=&oldpage=
MARK’S UPCOMING SPEAKING ENGAGEMENTS
Oct. 30, Los Angeles, CA CALIFORNIA LAWYERS FOR THE ARTS Film Business Seminar at Southwestern University School of Law. Call 310-998-5590 or email UserCLA@aol.com.
Nov. 5, New York, NY SWISSAMERICAN FILM FESTIVAL Email info@swisscinema.org for more information.
Nov. 6, New York, NY VOLUNTEER LAWYERS FOR THE ARTS NEW YORK. Mark will conduct his “Self-defense for Writers and Directors” seminar for New York Volunteer Lawyers for the Arts. He will explain how writers and directors can prevent problems from arising by properly securing underlying rights and by encouraging the other party to live up to agreements by adding performance milestones, default penalties and arbitration clauses. Participants will also learn what remedies are available to enforce their rights in the event of a dispute. Call 212-319-ARTS, ext. 10 to register or request more information.
Nov. 27–28, CALGARY, CANADA Southern Alberta Institute of Technology Mark will present his two-day workshop, “Self Defense for Writers and Filmmakers.” During the discussion Mark will cover topics including
· character portrayal – defamation, privacy and unfair competition
· copyright – limits, duration and protection · contracts – negotiation, conclusion and remedies
· financing and presale agreement
· film distribution
For more information and to reserve your seat, contact Sheila Connell by phone: 403- 230-4617 ext. 242; by fax: 403-277-8930; or email: sheila@macphailharding.com
Preferential hotel accommodation rates are available for out of town delegates.
In this newsletter:
“BUSH’S BRAIN” TO AIR ON SUNDANCE CHANNEL
Congratulations to our clients, Joseph Mealey and Michael Shoob. Their documentary, “Bush’s Brain” is set to air on Nov. 1 on the Sundance Channel.
For airtimes, check the Sundance Channel schedule: www.sundancechannel.com/schedule/?schedDate=11/01/2004+06:00:00
For further information about the documentary, visit www.bushsbrain.com/
“DEADBEAT CLUB” WINS DEEP ELLUM FILM FESTIVAL
“The Deadbeat Club,” by client Israel Luna, was given the 2004 Deep Ellum Film Festival Audience Award for Best Feature Film at the festival’s awards ceremony on Thursday, Oct. 21.
“The Deadbeat Club,” based on a true story written and directed by Israel Luna, was shot in HD on location in West Texas. Luna’s film, which the Dallas Voice heralds as “a sharp film that bursts with color…” is an inspiring and amusing story about a 15-year-old high school misfit who overcomes a tragic loss by uniting an unlikely group of friends.
Congratulations Israel.
PRODUCTION TAX INCENTIVE BECOMES LAW
Congress has passed, and President Bush has signed, legislation that gives a tax break to movies made in the U.S. This is the first federal tax incentive law to stop runaway productions.
Under the new law, independent producers may write off a movie in a single year if it has a budget of $1 million-$15 million and 75% of that budget is spent in the United States. The limit goes up to $20 million if the movie is made in a low-income area of the U.S.
Under this legislation, the cost of producing qualifying films can be fully deducted from income for tax purposes in the year the expenditures occur. This contrasts with prior law which provides that the cost of producing a movie is recovered over several years.
This tax break is a tiny piece of a $136 billion corporate tax bill.
Additional information is posted on the DGA web site: www.dga.org/thedga/leg_rp_updte-102204.php3?§ion=thedga&oldsection=&oldpage=
MARK’S UPCOMING SPEAKING ENGAGEMENTS
Oct. 30, Los Angeles, CA CALIFORNIA LAWYERS FOR THE ARTS Film Business Seminar at Southwestern University School of Law. Call 310-998-5590 or email UserCLA@aol.com.
Nov. 5, New York, NY SWISSAMERICAN FILM FESTIVAL Email info@swisscinema.org for more information.
Nov. 6, New York, NY VOLUNTEER LAWYERS FOR THE ARTS NEW YORK. Mark will conduct his “Self-defense for Writers and Directors” seminar for New York Volunteer Lawyers for the Arts. He will explain how writers and directors can prevent problems from arising by properly securing underlying rights and by encouraging the other party to live up to agreements by adding performance milestones, default penalties and arbitration clauses. Participants will also learn what remedies are available to enforce their rights in the event of a dispute. Call 212-319-ARTS, ext. 10 to register or request more information.
Nov. 27–28, CALGARY, CANADA Southern Alberta Institute of Technology Mark will present his two-day workshop, “Self Defense for Writers and Filmmakers.” During the discussion Mark will cover topics including
· character portrayal – defamation, privacy and unfair competition
· copyright – limits, duration and protection · contracts – negotiation, conclusion and remedies
· financing and presale agreement
· film distribution
For more information and to reserve your seat, contact Sheila Connell by phone: 403- 230-4617 ext. 242; by fax: 403-277-8930; or email: sheila@macphailharding.com
Preferential hotel accommodation rates are available for out of town delegates.
Thursday, September 30, 2004
iHOLLYWOOD FORUM PRESENTS “THE DIGITAL STUDIO” AT AFM
September 30, 2004
In this newsletter:
iHOLLYWOOD FORUM PRESENTS “THE DIGITAL STUDIO” AT AFM
On Nov. 2, iHollywood Forum will hold its annual industry summit and showcase about digital technology’s transformation of film and television production. Attendees will learn about digital rights management and legal implications of digitization and distribution of media and entertainment.
The forum also offers an opportunity to network with potential clients, including top Hollywood dealmakers, producers, directors, editors, production companies, writers, content creators, investors and studio executives. In addition, attendees can earn MCLE credit. Mark will moderate the panel, “Distribution and Financing for Digital Films: Challenges and Opportunities.”
This year’s iHollywood Forum is conducted in partnership with the American Film Market. The conference will be held at Laemmle Theatre, 1332 2nd Street, Santa Monica, CA from 9 a.m. – 6 p.m.
Tickets are $125 for a Basic ticket; $195 for a Deluxe ticket, which includes networking lunch and cocktail party). Register using Discount Code “DS25” to save $25.
MARK’S UPCOMING SPEAKING ENGAGEMENTS Oct. 2-3, UCLA
Mark will be teaching a UCLA Extension course on Financing Independent Features and Negotiating a Distribution Agreement, Oct. 2-3. During the seminar, participants will examine how independent films are financed and distributed. Seminar 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 filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using the lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. To enroll in the course online, go to www.uclaextension.com and enter Course Reg # Q6736U.
Oct. 30, Los Angeles, CA CALIFORNIA LAWYERS FOR THE ARTS Film Business Seminar at Southwestern University School of Law. Call 310-998-5590 or email UserCLA@aol.com.
Nov. 27–28, CALGARY, CANADA Southern Alberta Institute of Technology Mark will present his two-day workshop, “Self Defense for Writers and Filmmakers.” During the discussion Mark will cover topics including
· character portrayal – defamation, privacy and unfair competition
· copyright – limits, duration and protection
· contracts – negotiation, conclusion and remedies
· financing and presale agreement
· film distribution
For more information and to reserve your seat, contact Sheila Connell by phone: 403- 230-4617 ext. 242; by fax: 403-277-8930; or email: sheila@macphailharding.com. Preferential hotel accommodation rates are available for out of town delegates.
HOLLYWOOD FILM CONFERENCE
This year Mark will be chairing the Hollywood Film Conference, part of the Hollywood Film Festival, which will be held from Friday, October 15 to Sunday, October 17 at the Arclight Cinemas 6360 Sunset Blvd., in Hollywood. The conference will feature top industry speakers who will discuss financing and distribution of films.
In the past seven years over 600 industry professionals have participated as panelists in the conference, including executives from Columbia/TriStar, Fox Searchlight, MGM Studios, Miramax, NBC, New Line, Paramount Classics, Samuel Goldwyn Co., Seventh Art Releasing, Strand Releasing, Twentieth Century Fox, Showtime Networks, Walt Disney, and agents from CAA, ICM, William Morris and Writers & Artists among others. Additional info can be found at: www.hollywoodawards.com/conferences_film.html
In this newsletter:
iHOLLYWOOD FORUM PRESENTS “THE DIGITAL STUDIO” AT AFM
On Nov. 2, iHollywood Forum will hold its annual industry summit and showcase about digital technology’s transformation of film and television production. Attendees will learn about digital rights management and legal implications of digitization and distribution of media and entertainment.
The forum also offers an opportunity to network with potential clients, including top Hollywood dealmakers, producers, directors, editors, production companies, writers, content creators, investors and studio executives. In addition, attendees can earn MCLE credit. Mark will moderate the panel, “Distribution and Financing for Digital Films: Challenges and Opportunities.”
This year’s iHollywood Forum is conducted in partnership with the American Film Market. The conference will be held at Laemmle Theatre, 1332 2nd Street, Santa Monica, CA from 9 a.m. – 6 p.m.
Tickets are $125 for a Basic ticket; $195 for a Deluxe ticket, which includes networking lunch and cocktail party). Register using Discount Code “DS25” to save $25.
MARK’S UPCOMING SPEAKING ENGAGEMENTS Oct. 2-3, UCLA
Mark will be teaching a UCLA Extension course on Financing Independent Features and Negotiating a Distribution Agreement, Oct. 2-3. During the seminar, participants will examine how independent films are financed and distributed. Seminar 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 filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using the lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. To enroll in the course online, go to www.uclaextension.com and enter Course Reg # Q6736U.
Oct. 30, Los Angeles, CA CALIFORNIA LAWYERS FOR THE ARTS Film Business Seminar at Southwestern University School of Law. Call 310-998-5590 or email UserCLA@aol.com.
Nov. 27–28, CALGARY, CANADA Southern Alberta Institute of Technology Mark will present his two-day workshop, “Self Defense for Writers and Filmmakers.” During the discussion Mark will cover topics including
· character portrayal – defamation, privacy and unfair competition
· copyright – limits, duration and protection
· contracts – negotiation, conclusion and remedies
· financing and presale agreement
· film distribution
For more information and to reserve your seat, contact Sheila Connell by phone: 403- 230-4617 ext. 242; by fax: 403-277-8930; or email: sheila@macphailharding.com. Preferential hotel accommodation rates are available for out of town delegates.
HOLLYWOOD FILM CONFERENCE
This year Mark will be chairing the Hollywood Film Conference, part of the Hollywood Film Festival, which will be held from Friday, October 15 to Sunday, October 17 at the Arclight Cinemas 6360 Sunset Blvd., in Hollywood. The conference will feature top industry speakers who will discuss financing and distribution of films.
In the past seven years over 600 industry professionals have participated as panelists in the conference, including executives from Columbia/TriStar, Fox Searchlight, MGM Studios, Miramax, NBC, New Line, Paramount Classics, Samuel Goldwyn Co., Seventh Art Releasing, Strand Releasing, Twentieth Century Fox, Showtime Networks, Walt Disney, and agents from CAA, ICM, William Morris and Writers & Artists among others. Additional info can be found at: www.hollywoodawards.com/conferences_film.html
Thursday, September 16, 2004
SUICIDE BLONDE WINS JUDGEMENT AGAINST RGH/LIONS SHARE PICTURES
September 16, 2004
In this newsletter:
SUICIDE BLONDE WINS JUDGEMENT AGAINST RGH/LIONS SHARE PICTURES
On September 10, 2004, we were successful in having Judge James A Bascue of the Los Angeles Superior Court confirm an Arbitration Award we had previously won against RGH/Lions Share Pictures.
Our client, Suicide Blonde Productions, Inc., initiated arbitration against RGH/Lions Share Pictures for failure to live up to its distribution agreement obligations for the motion picture, “Suicide Blonde.”
In confirming the award, the Court granted Suicide Blonde $254,297.26 in damages, an amount that included $185,750 in lost revenue. Furthermore, the Court permanently enjoined RGH/Lions Share from advertising, selling, distributing, manufacturing, or shipping the picture, ordered RGH/Lions share to return all materials related to the picture, and required RGH/Lions Share to pay all reasonable attorneys fees and costs in securing the confirmation of the Arbitration Award.
MARK’S UPCOMING SPEAKING ENGAGEMENTS Oct. 2-3, UCLA
Mark will be teaching a UCLA Extension course on Financing Independent Features and Negotiating a Distribution Agreement, Oct. 2-3. During the seminar, participants will examine how independent films are financed and distributed. Seminar 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 filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using the lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. To enroll in the course online, go to www.uclaextension.com and enter Course Reg # Q6736U.
Oct. 30, Los Angeles, CA California Lawyers for the Arts Film Business Seminar at Southwestern University School of Law. Call 310-998-5590 or email UserCLA@aol.com.
HOLLYWOOD FILM CONFERENCE SPECIAL OFFER
This year Mark will be chairing the Hollywood Film Conference, part of the Hollywood Film Festival, which will be held from Friday, October 15 to Sunday, October 17 at the Arclight Cinemas 6360 Sunset Blvd., in Hollywood. The conference will feature top industry speakers who will discuss financing and distribution of films.
In the past seven years over 600 industry professionals have participated as panelists in the conference, including executives from Columbia/TriStar, Fox Searchlight, MGM Studios, Miramax, NBC, New Line, Paramount Classics, Samuel Goldwyn Co., Seventh Art Releasing, Strand Releasing, Twentieth Century Fox, Showtime Networks, Walt Disney, and agents from CAA, ICM, William Morris and Writers & Artists among others. We have a special Offer for subscribers of this newsletter: more than 50% off the regular price of $495.00. Just mention that you heard about the conference from this newsletter and you can purchase admittance to the 3-day conference for only $195.00. Additional info at: www.hollywoodawards.com/conferences_film.html
FINANCING INDEPENDENT FILMS by Mark Litwak
Independent films can be financed in a variety of ways. In addition to a filmmaker using his own funds to make a movie, the most common methods are: 1) loans 2) investor financing 3) borrowing against pre-sales (a loan against distribution contracts) 4) distributor-supplied financing.
LOANS
Loans can be secured or unsecured. A secured loan is supported or backed by security or collateral. When one takes out a car or home loan, the loan is secured by that property. If the person who borrows money fails to repay the loan, the creditor may take legal action to have the collateral sold and the proceeds applied to pay off the debt. An unsecured loan has no particular property backing it. Credit card debt and loans from family or friends may be unsecured. If a debtor defaults on an unsecured loan, the creditor can sue for repayment and force the sale of the debtor’s assets to repay the loan. If the debtor has many debts, however, the sale of his property may not be sufficient to satisfy all creditors. In such a case, creditors may end up receiving only a small portion of the money owed them.
A secured creditor is in a stronger position to receive repayment. In the event of a default, designated property (the secured property) will be sold and all the proceeds will be applied first to repay the secured creditor’s debt. Unsecured creditors will share in whatever is left, if anything.
The advantage of a loan, from a legal point of view, is that the transaction can often be structured in a fairly simple and inexpensive manner. A short promissory note can be used and the transaction often is not subject to the complex security laws that govern many investments. Thus, there is usually no need to prepare a private placement memorandum (PPM). Keep in mind that if the agreement between the parties is labeled a “loan,” but in reality it is an investment, the courts will likely view the transaction as an investment. Giving a creditor a “piece of the back-end,” or otherwise giving the creditor equity in the project, makes the transaction look like an investment. Read the full article at: www.marklitwak.com/articles/general/financing.html
In this newsletter:
SUICIDE BLONDE WINS JUDGEMENT AGAINST RGH/LIONS SHARE PICTURES
On September 10, 2004, we were successful in having Judge James A Bascue of the Los Angeles Superior Court confirm an Arbitration Award we had previously won against RGH/Lions Share Pictures.
Our client, Suicide Blonde Productions, Inc., initiated arbitration against RGH/Lions Share Pictures for failure to live up to its distribution agreement obligations for the motion picture, “Suicide Blonde.”
In confirming the award, the Court granted Suicide Blonde $254,297.26 in damages, an amount that included $185,750 in lost revenue. Furthermore, the Court permanently enjoined RGH/Lions Share from advertising, selling, distributing, manufacturing, or shipping the picture, ordered RGH/Lions share to return all materials related to the picture, and required RGH/Lions Share to pay all reasonable attorneys fees and costs in securing the confirmation of the Arbitration Award.
MARK’S UPCOMING SPEAKING ENGAGEMENTS Oct. 2-3, UCLA
Mark will be teaching a UCLA Extension course on Financing Independent Features and Negotiating a Distribution Agreement, Oct. 2-3. During the seminar, participants will examine how independent films are financed and distributed. Seminar 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 filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using the lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. To enroll in the course online, go to www.uclaextension.com and enter Course Reg # Q6736U.
Oct. 30, Los Angeles, CA California Lawyers for the Arts Film Business Seminar at Southwestern University School of Law. Call 310-998-5590 or email UserCLA@aol.com.
HOLLYWOOD FILM CONFERENCE SPECIAL OFFER
This year Mark will be chairing the Hollywood Film Conference, part of the Hollywood Film Festival, which will be held from Friday, October 15 to Sunday, October 17 at the Arclight Cinemas 6360 Sunset Blvd., in Hollywood. The conference will feature top industry speakers who will discuss financing and distribution of films.
In the past seven years over 600 industry professionals have participated as panelists in the conference, including executives from Columbia/TriStar, Fox Searchlight, MGM Studios, Miramax, NBC, New Line, Paramount Classics, Samuel Goldwyn Co., Seventh Art Releasing, Strand Releasing, Twentieth Century Fox, Showtime Networks, Walt Disney, and agents from CAA, ICM, William Morris and Writers & Artists among others. We have a special Offer for subscribers of this newsletter: more than 50% off the regular price of $495.00. Just mention that you heard about the conference from this newsletter and you can purchase admittance to the 3-day conference for only $195.00. Additional info at: www.hollywoodawards.com/conferences_film.html
FINANCING INDEPENDENT FILMS by Mark Litwak
Independent films can be financed in a variety of ways. In addition to a filmmaker using his own funds to make a movie, the most common methods are: 1) loans 2) investor financing 3) borrowing against pre-sales (a loan against distribution contracts) 4) distributor-supplied financing.
LOANS
Loans can be secured or unsecured. A secured loan is supported or backed by security or collateral. When one takes out a car or home loan, the loan is secured by that property. If the person who borrows money fails to repay the loan, the creditor may take legal action to have the collateral sold and the proceeds applied to pay off the debt. An unsecured loan has no particular property backing it. Credit card debt and loans from family or friends may be unsecured. If a debtor defaults on an unsecured loan, the creditor can sue for repayment and force the sale of the debtor’s assets to repay the loan. If the debtor has many debts, however, the sale of his property may not be sufficient to satisfy all creditors. In such a case, creditors may end up receiving only a small portion of the money owed them.
A secured creditor is in a stronger position to receive repayment. In the event of a default, designated property (the secured property) will be sold and all the proceeds will be applied first to repay the secured creditor’s debt. Unsecured creditors will share in whatever is left, if anything.
The advantage of a loan, from a legal point of view, is that the transaction can often be structured in a fairly simple and inexpensive manner. A short promissory note can be used and the transaction often is not subject to the complex security laws that govern many investments. Thus, there is usually no need to prepare a private placement memorandum (PPM). Keep in mind that if the agreement between the parties is labeled a “loan,” but in reality it is an investment, the courts will likely view the transaction as an investment. Giving a creditor a “piece of the back-end,” or otherwise giving the creditor equity in the project, makes the transaction look like an investment. Read the full article at: www.marklitwak.com/articles/general/financing.html
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