Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV, and Digital Media PDF
Preview Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV, and Digital Media
Copyright © 2018 by Dina Appleton and Daniel Yankelevits All rights reserved. Copyright under Berne Copyright Convention, Universal Copyright Convention, and Pan American Copyright Convention. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Allworth Press, 307 West 36th Street, 11th Floor, New York, NY 10018. Allworth Press books may be purchased in bulk at special discounts for sales promotion, corporate gifts, fund-raising, or educational purposes. Special editions can also be created to specifications. For details, contact the Special Sales Department, Allworth Press, 307 West 36th Street, 11th Floor, New York, NY 10018 or [email protected]. 22 21 20 19 18 5 4 3 2 1 Published by Allworth Press, an imprint of Skyhorse Publishing, Inc. 307 West 36th Street, 11th Floor, ® ® New York, NY 10018. Allworth Press is a registered trademark of Skyhorse Publishing, Inc. , a Delaware corporation. www.allworth.com Cover design by Mary Ann Smith Library of Congress Cataloging-in-Publication Data is available on file. Paperback ISBN: 978-1-62153-658-1 eBook ISBN: 978-1-62153-659-8 Printed in the United States of America DISCLAIMER: The information in this book is intended to help the reader better understand the dealmaking process in Hollywood. The material presented is neither exhaustive, nor is it presented on behalf of the authors’ or any other contributors’ respective employers; all views and opinions are their own. It is not offered as legal advice, nor should it be construed as such. The authors strongly recommend that the reader consult with an experienced entertainment attorney to address each individual situation and any legal documentation. For John and Jake —Dina For my son and daughter, Adam and Ali. Remember to always follow your dreams. And a special thank-you to my parents, Yigal and Diana, who have sacrificed without hesitation so that I didn’t have to and who continue to encourage and inspire me; and to my wife, Lori, who is the rock of our family. —Daniel Contents Chapter 1 | INTRODUCTION TO THE DEALMAKING PROCESS The Players Studio vs. Independent Producers The Art of Negotiation: Tips from Industry Players Chapter 2 | THE NEW LANDSCAPE The Changing Landscape Observations and Insight from Industry Players Chapter 3 | RIGHTS AND ACQUISITIONS AGREEMENTS 51 The Option/Purchase Deal Life Story Rights Agreements Format Rights Deal Point Summary: Rights and Acquisitions Agreements Chapter 4 | FEATURE WRITER AGREEMENTS Making the Deal Deal Point Summary: Feature Writer Agreements Chapter 5 | TELEVISION WRITER/PRODUCER AGREEMENTS The Economics of Television Making the Deal Writers on Staff Overall Deals Blind Script Deals Deal Point Summary: Television Writer/Producer Agreements Chapter 6 | FEATURE FILM AND TELEVISION DIRECTOR AGREEMENTS Feature Directors Television Directors Deal Point Summary: Film and Television Director Agreements Chapter 7 | FILM PRODUCER AGREEMENTS Services: The Producer’s Role Making the Deal Deal Point Summary: Film Producer Agreements Chapter 8 | FEATURE ACTOR AGREEMENTS Negotiating the Deal Deal Point Summary: Feature Actor Agreements Chapter 9 | TELEVISION ACTOR AGREEMENTS Negotiating the Deal Renegotiation Holding Deals Movies for Television/Movies of the Week Deal Point Summary: Television Actor Agreements Chapter 10 | CREW (BELOW-THE-LINE) AGREEMENTS Sample Deal Memo: Feature Film Composer Sample Deal Memo: Television Pilot/Series Casting Director Sample Deal Memo: Music Editor, TV Series Sample Deal Memo: Postproduction Supervisor, Feature Film Sample Editor Agreement Deal Point Summary: Crew (Below-the-Line) Agreements Chapter 11 | NET PROFITS NEGOTIATIONS Feature Film Net Profits Key Terms Negotiable Issues/Areas of Complaint Gross and Adjusted Gross Receipts (AGR) Television MAGR Over-the-Top Media Services Accounting Statements Conclusion Deal Point Summary: Net Profits Negotiations Chapter 12 | THE BASICS OF COPYRIGHT LAW Questions about Copyright The Digital Millennium Copyright Act Chapter 13 | REALITY TELEVISION What Is Reality TV? Agreements for Reality TV Guild Applicability Chapter 14 | DIGITAL CONTENT AGREEMENTS Rights Granted: Copyright Is Key Method of Transmission Type of Service Authorized Devices Fees/Allocation of Costs Barter Deals Reserved Rights Sublicensing Security Measures Term Reporting Frequency Warranties and Indemnities Subsequent Productions Consultation and Approval Rights Guild Applicability Deal Point Summary: Digital Content Agreements Appendix A | SAMPLE CONTRACTS/FORMS Certificate of Authorship/Certificate of Employment Nudity Rider Publisher’s Release Materials Release/Submission Release Annotation Guide Personal Depiction Release Life Story Option/Purchase Agreement Screenplay Purchase Agreement Exhibit “A” to Screenplay Purchase Agreement: Short-Form Assignment Shopping Agreement/Attachment Agreement Pilot/Series Television Writer/Producer Agreement Form of Reality Series Participant Agreement Appendix B | THE LINGO
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