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Legal Issues in Pre-Production презентация
Содержание
- 1. Legal Issues in Pre-Production
- 2. Legal Issues in Pre-Production LLCs Contracts Permits Releases Production insurance Items to begin in Pre-production
- 3. How Much Do You Need to Know?
- 4. But do need to anticipate and
- 5. Media Producers Should Know: For example: When
- 6. Limited Liability Company Legal Issues in Pre-Production
- 7. Legal Issues in Pre-Production Limited Liability Company:
- 8. Legal Issues in Pre-Production Limited Liability Company:
- 9. Legal Issues in Pre-Production Limited Liability Company:
- 10. Legal Issues in Pre-Production Limited Liability Company:
- 11. Legal Issues in Pre-Production Limited Liability Company:
- 12. Contracts Legal Issues in Pre-Production
- 13. Contracts: Like any biz, the biz of
- 14. Contracts: Producer manages relationships with: Talent; Unions
- 15. Contracts: In an ideal world, all production
- 16. Contracts: Although they cannot guarantee the success,
- 17. Contracts: A contract is an agreement that
- 18. Contracts: This is why, even though oral
- 19. Contracts: Common contract terms: Names of the
- 20. Contracts: Do not have to be long
- 21. Contracts: Should be clear and specific. Vague
- 22. Contracts: Depending on how complicated the matter,
- 23. Contracts: Most forms are simply a starting
- 24. Contracts: Bring in a lawyer when: You’re
- 25. Releases Legal Issues in Pre-Production
- 26. Legal Issues in Pre-Production Releases: As a
- 27. Releases: The only exception would be those
- 28. Releases: For professional actors, the release language
- 29. Releases: Make the performers understand the terms
- 30. Releases: Once all the performer releases are
- 31. Releases: Some productions, particularly recordings of live
- 32. Releases: When logistics prevent this, you should
- 33. Releases: If you plan to conduct a
- 34. Permits Legal Issues in Pre-Production
- 35. Permits: Many states and municipalities require permits
- 36. Permits: Begin by contacting the film and
- 37. Permits: The agency will be able to
- 38. Permits: If you are caught shooting without
- 39. Permits: You may be also subjected to
- 40. Insurance Legal Issues in Pre-Production
- 41. Insurance: Production Insurance: A special type of
- 42. Insurance: Production Insurance: Usually costs 3-to-5% of
- 43. Insurance: Production Insurance Coverage: Cast Bad weather
- 44. Insurance: Errors and Omissions (E&O): Protects producers
- 45. Begin in Pre-Production Phase Legal Issues in Pre-Production
- 46. Begin in Pre-Production Phase: Music Clearance: Takes
- 47. Begin in Pre-Production Phase: Stock footage and
- 48. Begin in Pre-Production Phase: Negotiations with potential
- 49. Checklist Legal Issues in Pre-Production
- 50. Checklist: Form an LLC, get a tax
- 51. Checklist: Get production and E&O insurance policies
- 52. For Further Reading: Legal Issues in Pre-Production
- 53. For Further Reading: Legal Issues in Pre-Production
- 54. Legal Issues in Pre-Production Questions?
- 55. Legal Issues in Pre-Production Thank You!
Legal Issues in Pre-Production LLCs Contracts Permits Releases Production insurance Items to begin in Pre-production
Слайд 2Legal Issues in Pre-Production
LLCs
Contracts
Permits
Releases
Production insurance
Items to begin in Pre-production
Слайд 3How Much Do You Need to Know?
To protect themselves and their
projects from lawsuits and other legal entanglements, media producers need to be familiar with key areas of the law.
GOOD NEWS: Media producers do not need to be lawyers!
GOOD NEWS: Media producers do not need to be lawyers!
Legal Issues in Pre-Production
Слайд 4
But do need to anticipate and identify the many potential legal
issues that can come up during a production and recognize when to call a lawyer.
Legal Issues in Pre-Production
How Much Do You Need to Know?
Слайд 5Media Producers Should Know:
For example:
When parties should put agreements in writing.
When
permits, permissions, and releases are required during the course of a production.
What steps are necessary to add music to a production.
What steps are necessary to add music to a production.
Legal Issues in Pre-Production
Слайд 7Legal Issues in Pre-Production
Limited Liability Company:
Combines the best elements of sole
proprietorships, partnerships, and corporations.
The primary advantage of an LLC is that its owners have “limited liability,” meaning that, under most circumstances, they are not personally liable for the debts and liabilities of the LLC.
The primary advantage of an LLC is that its owners have “limited liability,” meaning that, under most circumstances, they are not personally liable for the debts and liabilities of the LLC.
Слайд 8Legal Issues in Pre-Production
Limited Liability Company:
Owners are called “members.”
“Pass-through” taxation: profits
and losses pass through to its owners, who report them on their personal tax returns.
Few corporate formalities.
Few corporate formalities.
Слайд 9Legal Issues in Pre-Production
Limited Liability Company:
Creation:
File “Articles of Organization” with the
Secretary of State.
Operating Agreement: governs the inner-workings of your LLC.
Annual filings with the Secretary of State.
Operating Agreement: governs the inner-workings of your LLC.
Annual filings with the Secretary of State.
Слайд 10Legal Issues in Pre-Production
Limited Liability Company:
Creation:
Get a Tax I.D. from the
IRS
Open a biz checking account.
Open a biz checking account.
Слайд 11Legal Issues in Pre-Production
Limited Liability Company:
What will the LLC do?
Be a
party to all production contracts and insurance agreements
Acquire story rights (with written contracts)
Hire the cast and crew (with written contracts)
Rent equipment
Be the named party in the event of a lawsuit
Acquire story rights (with written contracts)
Hire the cast and crew (with written contracts)
Rent equipment
Be the named party in the event of a lawsuit
Слайд 13Contracts:
Like any biz, the biz of media production involves managing working
relationships.
Legal Issues in Pre-Production
Слайд 14Contracts:
Producer manages relationships with:
Talent;
Unions and guilds;
Writer;
Production and post-production personnel;
Client who commission
the work; and
Various subcontractors and suppliers.
Various subcontractors and suppliers.
Legal Issues in Pre-Production
Слайд 15Contracts:
In an ideal world, all production relationships would be based solely
on handshakes and trust.
Unfortunately, the world of production is rarely ideal.
Experienced producers usually will seek formal, contractual assurance the promised services will be completed.
Unfortunately, the world of production is rarely ideal.
Experienced producers usually will seek formal, contractual assurance the promised services will be completed.
Legal Issues in Pre-Production
Слайд 16Contracts:
Although they cannot guarantee the success, production contracts can do the
following:
Specify the responsibilities of various parties;
Designate delivery dates for services;
Delineate compensation for various parties; and
Provide for what happens in the event of a dispute.
Specify the responsibilities of various parties;
Designate delivery dates for services;
Delineate compensation for various parties; and
Provide for what happens in the event of a dispute.
Legal Issues in Pre-Production
Слайд 17Contracts:
A contract is an agreement that creates obligations between 2 or
more parties.
In addition, once the contract is placed in writing and signed by the parties, it serves as proof of those obligations.
In addition, once the contract is placed in writing and signed by the parties, it serves as proof of those obligations.
Legal Issues in Pre-Production
Слайд 18Contracts:
This is why, even though oral contracts are considered valid in
many circumstances, all media production contracts should be placed in writing.
In the event of a dispute, the written contract provides immediate proof of the terms to which they agreed.
In the event of a dispute, the written contract provides immediate proof of the terms to which they agreed.
Legal Issues in Pre-Production
Слайд 19Contracts:
Common contract terms:
Names of the parties (one will be your LLC)
Detailed
description of work to be performed
Fee and payment schedule
Term and termination
Freelance / work-for-hire
Dispute resolution
Fee and payment schedule
Term and termination
Freelance / work-for-hire
Dispute resolution
Legal Issues in Pre-Production
Слайд 20Contracts:
Do not have to be long and intimidating.
Instead, they should be
written in terms both parties can understand.
Legal Issues in Pre-Production
Слайд 21Contracts:
Should be clear and specific.
Vague language leads to misunderstandings, disputes, and
lawsuits.
Use simple language that accurately expresses the deal.
Use simple language that accurately expresses the deal.
Legal Issues in Pre-Production
Слайд 22Contracts:
Depending on how complicated the matter, you don’t necessarily need a
lawyer.
There are a number of good form books that media producers can use to help draft standard contracts.
There are a number of good form books that media producers can use to help draft standard contracts.
Legal Issues in Pre-Production
Слайд 23Contracts:
Most forms are simply a starting place and need to be
revised to reflect your particular transaction.
All “deal terms” should be included.
If a provision is important, get it in the contract!
All “deal terms” should be included.
If a provision is important, get it in the contract!
Legal Issues in Pre-Production
Слайд 24Contracts:
Bring in a lawyer when:
You’re being asked to sign something you
do not fully understand;
You’re being asked to sign something that commits you or your company to a long-term obligation; or
You’re negotiating a deal that is vital to the success or survival of your company.
You’re being asked to sign something that commits you or your company to a long-term obligation; or
You’re negotiating a deal that is vital to the success or survival of your company.
Legal Issues in Pre-Production
Слайд 26Legal Issues in Pre-Production
Releases:
As a rule, producers should secure written releases
from all performers who appear in the production.
Typical releases:
Performer / Model
Audience
Location
Typical releases:
Performer / Model
Audience
Location
Слайд 27Releases:
The only exception would be those individuals who appear as faceless
forms in crowd scenes or remote shots.
Just make sure these individuals truly do appear in a form that would not be recognizable to family, friends, or a judge or jury.
Just make sure these individuals truly do appear in a form that would not be recognizable to family, friends, or a judge or jury.
Legal Issues in Pre-Production
Слайд 28Releases:
For professional actors, the release language is usually included in a
complete contract that covers all aspects of their appearance in the production.
Legal Issues in Pre-Production
Слайд 29Releases:
Make the performers understand the terms of the release before they
sign it.
If a performer prefers not to sign or demands extensive changes, find someone else to fill that role.
If a performer prefers not to sign or demands extensive changes, find someone else to fill that role.
Legal Issues in Pre-Production
Слайд 30Releases:
Once all the performer releases are signed, store them in a
secure, preferably fireproof, location.
You should also keep additional copies of the releases in a separate secure location.
You should also keep additional copies of the releases in a separate secure location.
Legal Issues in Pre-Production
Слайд 31Releases:
Some productions, particularly recordings of live presentations or performances, feature shots
of audience members.
Ideally, each audience member should execute a written audience release.
Ideally, each audience member should execute a written audience release.
Legal Issues in Pre-Production
Слайд 32Releases:
When logistics prevent this, you should post a notice prominently at
all entrances to the production location.
Legal Issues in Pre-Production
Слайд 33Releases:
If you plan to conduct a shoot in a private area,
such as a person’s home, be sure to obtain a location release.
Along with protecting you from charges of trespassing, location releases serve as contracts that define the terms under which you will be allowed to occupy the property.
Along with protecting you from charges of trespassing, location releases serve as contracts that define the terms under which you will be allowed to occupy the property.
Legal Issues in Pre-Production
Слайд 35Permits:
Many states and municipalities require permits for location work, particularly for
work will be performed on public thoroughfares or government property.
Fees vary depending on where you will be shooting and your need to involve the police department, fire department, or other service agencies.
Fees vary depending on where you will be shooting and your need to involve the police department, fire department, or other service agencies.
Legal Issues in Pre-Production
Слайд 36Permits:
Begin by contacting the film and TV office where you will
be doing your location work.
Legal Issues in Pre-Production
Слайд 37Permits:
The agency will be able to tell you what permits you
must complete.
They also offer resources such as a crew database and information on production insurance, and tax credits.
They also offer resources such as a crew database and information on production insurance, and tax credits.
Legal Issues in Pre-Production
Слайд 38Permits:
If you are caught shooting without the proper permits, the penalties
can be severe.
At a minimum, you will be forced to suspend production until the proper permits are in place.
Idle crew and equipment could be costly!
At a minimum, you will be forced to suspend production until the proper permits are in place.
Idle crew and equipment could be costly!
Legal Issues in Pre-Production
Слайд 39Permits:
You may be also subjected to substantial fines.
For some severe violations,
particularly unauthorized use of pyrotechnics, the sanctions can include criminal penalties.
Legal Issues in Pre-Production
Слайд 41Insurance:
Production Insurance:
A special type of insurance that protects a company against
many accidents, mishaps, and acts of nature that can cause problems during a media production.
Most major film and TV producers protect their investments through the purchase of production insurance.
Most major film and TV producers protect their investments through the purchase of production insurance.
Legal Issues in Pre-Production
Слайд 42Insurance:
Production Insurance:
Usually costs 3-to-5% of the total production budget.
Exact cost determined
by risk factors:
E.g., extensive location work, pyrotechnics, stunt work, etc.
E.g., extensive location work, pyrotechnics, stunt work, etc.
Legal Issues in Pre-Production
Слайд 43Insurance:
Production Insurance Coverage:
Cast
Bad weather
Equipment
Property damage
Auto
Comprehensive general liability
Legal Issues in Pre-Production
Слайд 44Insurance:
Errors and Omissions (E&O):
Protects producers from lawsuits that may arise from
the content of a production, including:
Copyright and trademark infringement;
Libel or slander (including trade libel); and
Invasion of privacy.
Copyright and trademark infringement;
Libel or slander (including trade libel); and
Invasion of privacy.
Legal Issues in Pre-Production
Слайд 46Begin in Pre-Production Phase:
Music Clearance:
Takes a long time and can cost
a lot of $$$
Need a “synchronization license” from the songwriter or music publisher; AND
Need a “master use license” from the recording company (if using a pre-existing recording)
Need a “synchronization license” from the songwriter or music publisher; AND
Need a “master use license” from the recording company (if using a pre-existing recording)
Legal Issues in Pre-Production
Слайд 47Begin in Pre-Production Phase:
Stock footage and image clearance
Logo clearance:
Use of beer
signs in bar scenes, for example, must be cleared with their respective trademark owners
Legal Issues in Pre-Production
Слайд 48Begin in Pre-Production Phase:
Negotiations with potential distributors
Follow-up on production tax incentives
with state and local authorities
Seek out post-production crew
Editors, clearance assistants, composers, etc.
Seek out post-production crew
Editors, clearance assistants, composers, etc.
Legal Issues in Pre-Production
Слайд 50Checklist:
Form an LLC, get a tax ID, and set up a
business checking account
Prepare a database of legal agreements to use including various releases
See what permits are required (if any) in your city and/or state
Prepare a database of legal agreements to use including various releases
See what permits are required (if any) in your city and/or state
Legal Issues in Pre-Production
Слайд 51Checklist:
Get production and E&O insurance policies that fit your situation
Begin the
music, logo, and image clearance processes
Consult with a lawyer and an accountant for legal and tax issues
Consult with a lawyer and an accountant for legal and tax issues
Legal Issues in Pre-Production
