Table Of Content

The Pocket Lawyer for Filmmakers This no-nonsense reference helps independent filmmakers recognize and solve the critical legal issues they might face throughout the course of making a film. Author Thomas A. Crowell, TV producer turned entertainment lawyer, will help you understand and negotiate crucial production contracts, handle actors and their agents, and navigate the perils of copyright infringement and other lawsuits. Updated throughout to address important changes to the law and incorporating discussion of online distribution, crowd funding, social media marketing, and international productions, this expanded third edition will provide you with the skills to: • Protect the copyright to your work. • Finance your film and watch out for common financing traps. • Understand how tax credits and other incentives are used in film financing. • Work with other screenwriters and protect your script ideas. • Adapt a book or comic into a screenplay. • Know how to spot the difference between copyright infringement and fair use. • Hire crew members, actors, and post-production staff. • Draft a production services agreement or a license to use someone else’s work. • License music for soundtracks. • Negotiate a distribution agreement or understand how to distribute your film alone. • Learn how to best position your film for Netflix. • Make money from YouTube. And much more! Written for accessibility and ease of reference, this book is a vital resource for any student or independent filmmaker wanting their films to be successful and free of legal disasters. Thomas A. Crowell, Esq., is a practicing lawyer and law professor specializing in entertainment law and intellectual property rights issues. He is the editor of the Focal Press Pocket Lawyer series and author of The Pocket Lawyer for Comic Book Creators (Focal Press, 2014). For more information, see www.ThomasCrowell.com. The Pocket Lawyer for Filmmakers A Legal Toolkit for Independent Producers 3rd edition Thomas A. Crowell, Esq. Cover image: Dorothy Shi Third edition published 2023 by Routledge 605 Third Avenue, New York, NY 10158 and by Routledge 4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Thomas A. Crowell, Esq. The right of Thomas A. Crowell, Esq. to be identifed as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifcation and explanation without intent to infringe. First edition published by Focal Press 2007 Second edition published by Routledge 2011 Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 9781032132822 (hbk) ISBN: 9780367562489 (pbk) ISBN: 9781003228479 (ebk) DOI: 10.4324/9781003228479 Typeset in Akzidenz Grotesk by Apex CoVantage, LLC DISCLAIMER This is a book written by a lawyer, so of course it has to open with a disclaimer. Here goes: As you will note by its rectangular shape and paper pages, this is a book and not an attorney. Nothing in this book is intended as legal advice or to substitute for the personalized advice of a lawyer. Only your lawyer can tell you which laws apply to your particular situation. Laws change all the time and may be subject to numerous exceptions that are not covered by this book. There are no guarantees as to the accuracy or applicability of the information presented herein. Furthermore, this book uses examples that feature character and company names. These names are fictitious, and any similarity to actual people, living or dead, or actual companies is purely coincidental. I have also used several real trademark and business names to illustrate certain legal issues. The use of these names and marks does not imply any approval, sponsorship, endorsement by, or affiliation with the owners of these trademarks. All views expressed are mine and do not necessarily reflect those of either the publisher or anyone I consulted while writing this book. DEDICATION To my wife, Natali; my sons, Connor and Xander; my parents, Caleb and Sheila; and to frustrated flmmakers everywhere. CONTENTS Acknowledgments xiii About the Author: Thomas A. Crowell, Esq. xv PART 1. INTRODUCTION PART 2. LEGAL BUILDING BLOCKS: CONTRACT AND INTELLECTUAL PROPERTY 1 COPYRIGHT AND INTELLECTUAL PROPERTY 23 2 THE CONTRACT ENGINE 29 PART 3. THE PRODUCTION COMPANY AND FINANCING YOUR MOVIE 3 SETTING UP THE PRODUCTION COMPANY 43 4 YOUR PROFESSIONAL TEAM 53 5 FINANCING YOUR MOVIE 63 6 FILM TAX CREDITS AND OTHER PRODUCTION INCENTIVES 77 PART 4. DEVELOPMENT: CREATING, ACQUIRING, AND MANAGING THE FILM PROPERTY 7 IDEA RIGHTS: PROTECTING YOUR PITCHES AND AVOIDING IDEA “THEFT” 91 8 CREATING A SCREENPLAY 105