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Do's & Don'ts
Assume nothing! And
Assume ALL!
When discussing ideas with producers/directors, especially
with persons involved in the film financing process.
The more you assume, the more dangerous and complicated the
situation can actually turn out. "Always think head because
everyone else is."
So if you have to assume anything, assume that everyone else
has already thought about step 2 and 3. They're not
doing you a favor for FREE! Every favor or act of
niceness has an alternative motive and objective, which may
not be currently apparent. Beware!!
Many of us in Entertainment industry have great ideas!.....
And they become our greatest assets, especially for all that
are just starting out. We highly suggest if you have a
screenplay that you copyright it and formulate a
Non-Disclosure Agreement (NDA)
to protect yourself and
your work when pitching. Technically under
copyright common law if you attach your name to the
script it's basically copyrighted, but you can make it
failsafe by publishing it by calling the U.S. Copyright
Office, Washington, DC, (202)707-3000 or use their website
to find out the proper procedures and costs to copyright.
If your project is based on a book, article, stage play,
screenplay, radio play, or someone's life story:
You're going to need too acquire the rights to produce it!
So first you need to find out whether it's published and who
owns the rights? Again you can call U.S. Copyright
Office and find out for $20 per hour until they find it or
use other firms such as Thomson and Thomson and have them
look up the info for you @ 1.800.692.8833
If you are just looking for clips for
your projects:
Break down the rights by territory & by the
media/distributors
-U.S. Territories TV rights
-North American TV rights
-World TV rights
-All Rights (includes free TV/pay TV/cable
TV/satellite-delivered TV/Home Video/Airline/Non-Theatrical
(educational)/Interactive, etc
More Sources:
BIB Books from the Broadcast Information Bureau in
Philadelphia (800.777.8074) or (www.bibnet.com) These
books contain all which have appeared on Television, but
relatively expensive: $799 for all three volumes, or for the
online version. If you don't have the money, you can
always check your local library. Ex. The Academy of
Motion Pictures Arts & Sciences Library in Los Angeles.
International Groups:
Federation of Commercial Audio Visual Libraries Ltd. in
London (FOCAL)
(www.focalint.org)
There you'll find various sources of footage from all over
the world
Once you find the appropriate info, we suggest you advise
your Entertainment lawyer as to the rights acquisition
(avoid complications). BUT remember you basically have two
choices: (1) Buy the rights
in full (2) Buy an option.
Option's can get complicated and pricey depending on the
story you are leasing to where it gives you exclusive rights
for the agreed "specific period of time" (usually a year or
two). However note: if the term ends with no production
agreement, and if the option is not renewed, then the rights
revert back to the original owner.
Don't sign contracts without an Entertainment Lawyer
Advising you:
Don't call one, but several!
It's important that you find a good Entertainment lawyer
that is fitting to you and your needs!
Lawyers:
Where are they?
New York City; Los Angeles, CA; Atlanta GA; Miami, FL
1st question:
Are they charging you for this phone call or Meeting?
It's your money and always remember that! Don't
be afraid to suck them dry for information and legal
questions. Explain to them that you're interviewing
prospective lawyers and want to discuss your project.
After you explain your project:
-What services can he/she perform for you?
-How much will it cost?
-By the hour, flat fee per project, or a percentage of the
budget?
*Many except a flat fee due to extent and term of the
project, but charging by a % of the budget is popular as
well. If you have a budget of 2 to 3 million dollars,
the average TV movie budget you end up having legal fees
consisting of anywhere from 1% to 1.5%.
If you have documents
already....Great!
But still have your lawyer look at them again because laws
change all the time, they may need little revisions.
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