tag:blogger.com,1999:blog-74229558408724661192024-03-05T00:58:46.193-08:00News and ViewsNEWS AND VIEWSEntertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.comBlogger36125tag:blogger.com,1999:blog-7422955840872466119.post-78962764901038778282021-09-29T10:17:00.000-07:002021-09-29T10:17:11.852-07:00Trademark Trends in Webcomics<p></p><p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">By: Tifanie
Jodeh Acosta<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">Aubrey
Gibson</span></span></p><p class="MsoNormal"><span style="font-family: inherit;"><br /></span></p><p class="MsoNormal"><span style="font-family: inherit;">Trademarks
have become the backbone of our modern economic world without consumers even
realizing it. Trademarks such as Disney’s Mickey Mouse, Epic Games’ “Fortnite”,
Rovio Entertainment’s “Angry Birds” have given companies the ability to build
massive empires and rake in billions of profit each year from their die-hard
fans. So, what is a trademark exactly? A "trademark" offers federal
protection of logos and brand names from copying and unauthorized use. This
includes all words or phrases that make up a name and of logo. Trademark
protection aims to ensure that consumers are never confused, while in the
marketplace, on which company relates to their products.</span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">In the world
of webcomics stories are told mainly through images and word
bubbles. In order to ensure that there is clarity and engagement in
the comic, it is best to use simpler and easier to recognize images. It is in
these easy to recognize images that creators often struggle to comply with
trademark law. If a webcomic creator, of any kind, were to include a
trademarked image into their comic, the trademark holder has the power to take
legal action. This legal action can come in many forms and will almost always
get very expensive in some facet.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">How does a
court decide if you have infringed on a trademark with an unauthorized
use? A simple way is that a court will apply the
“likelihood of confusion” test in a trademark infringement suit.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">What does
this mean for webcomic creators? This means that webcomic creators must be very
careful to create completely original works of animation and story and avoid
using another company’s logos and characters within the creator’s work. This includes
even altered version of already establish brands. In a 2010 suit between Luis
Vuitton and Hyundai Motors, Luis Vuitton sued Hyundai claiming the skin of a
basketball in Hyundai’s commercial resembled their logo. The court ruled in
Luis Vuitton's favor based on the fact that 62% of people surveyed believed it
was a Luis Vuitton logo and that Luis Vuitton had sponsored or approved the ad.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">For a
webcomic creator, where story telling through pictures and minimal dialogue is
the norm, using imagery that the audience is familiar with can be tempting.
This is where the act of avoiding trademark violations can become a hurdle. So,
it is recommended that, creating wholly original content is the best plan of
action.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">Creating
wholly original work allows the webcomic creators to hold their own
intellectual property rights. This creates an opportunity to use it
as many others have when building a brand in ways like Disney created a
character as famous as Mickey Mouse. In the world of webcomics, there are
options to view your work online, through various platforms. Content sharing
between you and your fan-base via social media is now rapid-fire easy. With
mass exchange of information, trademarks have become more vital than ever
before. With a completely original trademark in a creator's pocket, their fans
will be able to quickly identify and engage with their original content.</span></span></p><p class="MsoNormal"><span style="font-family: inherit;"><br /></span></p><p class="MsoNormal"><span style="font-family: inherit;">COPYRIGHT
& DISCLAIMER</span></p><p class="MsoNormal"><span style="font-family: inherit;">Tifanie
Jodeh Acosta is Partner at Entertainment Law Partners dedicated to corporate,
business and entertainment affairs. You may contact her at
asst@entlawpartners.com.</span></p><p class="MsoNormal"><span style="font-family: inherit;">Tifanie
Jodeh Acosta grants column recipients permission to copy and distribute this
column 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.</span></p><p class="MsoNormal"><span style="line-height: 107%;"><span style="font-family: inherit;">
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="line-height: 107%;"><o:p><span style="font-family: inherit;"> </span></o:p></span></p><br /><p></p>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-71621318454440566862021-05-18T14:39:00.001-07:002021-05-18T14:40:09.177-07:00The Downfall of Quibi<p><b>By: Tifanie Jodeh Acosta</b></p><p><b>Jerusha D’Souza</b></p><p>Viewing content has changed dramatically over the past few years with
the introduction of Streaming video on demand (SVOD). Netflix for the longest
time dominated this market. However, 2019 saw a boom in Streaming services, it
was touted as the year of the ‘Streaming Wars’. We saw new additions such as
Disney+, AppleTV, HBO Max, Peacock, Paramount+ and last but not the least Quibi.
Every service was battling it out to be number one. Lucky for us, access to
content has never been easier.</p><p>Unfortunately, in 2020, the entertainment industry took a big hit with
Covid-19. It caused a halt in companies and productions. Quibi was one of those
companies that did not survive.</p><p>Quibi, short for “Quick Bites” launched in the April of 2020. It was developed
specifically for mobile devices, instead of watching half-hour TV episodes or
two-hour films, you were able to watch short 10-minute bits of content on Quibi
on the go. It was supposed to revolutionize and change the way people view
content, especially the younger demographic. It was founded in 2018 by Jeffrey
Katzenberg and Meg Whitman. Quibi business plan relied on a subscribership of $4.99
monthly or $7.99 without commercials.</p><p>The company was set to premiere 175 original shows divided into three
categories; Movies in Chapters, Unscripted and Documentaries and Daily
Essentials. Some of Quibi’s originals were ‘Most Dangerous’ starring Liam
Hemsworth, ‘Survive’ starring Sophie Turner, ‘Chrissy’s Court’ staring Chrissy
Teigen, etc. Quibi was also nominated for 10 Emmy Awards and its series,
#FreeRayshawn, even won two Emmy Awards.</p><p>On its launch day, TechCrunch reported that Quibi saw 300,000 downloads
and hit No. 3 in the App Store. The company announced it had seen 1.7 million
downloads of its app, from the day of its launch. But soon after, Quibi's app
fell out of the list of the 50 most-downloaded apps, a week after it was
released. In October of 2020, just six months after its launch, the streaming
service had to shut shop.</p><p>So, what happened? Why did this revolutionary platform fail?</p><p>Before its launch, many critics expressed their concern stating that a paid,
mobile only focused service limits access and reach, since it would have to
compete with consumers viewing content on well established, free platforms like
TikTok, YouTube, and Twitch, combined with shows and movies they were paying
for already on Netflix, Amazon, and Disney+ which also had large catalogues of
content that was already popular with loyal viewers. Shelling out additional dollar
bills to Quibi would mean the quality of content would have to be extremely
high, which unfortunately was not the case. It is suggested that Quibi should
have invested more in content from celebrities its younger audience might
actually appreciate, like YouTube, Instagram, or TikTok stars. Instead, it
threw lots of money at the kind of names that older executives might imagine
young people would enjoy, thus not creating sufficient buzz around its content.</p><p>Quibi’s touted its ability to switch in real time between horizontal and
vertical viewing also didn't prove attractive enough to incentivize people to
subscribe. This technology was also challenged in court by Eko for Patent
infringement, which Quibi denied. Whilst the lawsuit didn’t cause it to shut
shop, defending a legal conundrum added to its list of challenges.</p><p>Other issues that plagued Quibi were: Inability to screenshot content,
which meant it was difficult to share on social media and generate potential buzz
around shows and inability to watch the content on any other device besides the
mobile phone.</p><p>Katzenberg blamed the failure of Quibi on COVID-19 pandemic which
disrupted everyone’s daily routines because consuming content was no longer
restricted to mobile devices during the day given most people were at home
consuming content on televisions and computers.</p><p>The announcement of Quibi’s shutdown left the fate of existing,
upcoming, and planned original programming in "development hell" which
is industry jargon for a project being in a state of limbo. The issue was Quibi did not own the rights to
any of their programming, as the deals they entered into allowed them to retain
the copyright to their content and distribute it in traditional forms only
after a few years.</p><p>However, in January of 2021 Roku announced a $100 million acquisition with
75 0f Quibi’s shows to be streamed on their platform on free ad-supported
channels.</p><p>Quibi’s content will live on to see another opportunity for growth and
success which is a badge of honor to the fallen victim of the pandemic.</p><p><b style="font-family: inherit;"><u>COPYRIGHT & DISCLAIMER</u></b></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: inherit;"> Tifanie Jodeh Acosta is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at asst@entlawpartners.com.</span></p><p></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: inherit;">Tifanie Jodeh Acosta grants column recipients permission to copy and distribute this column 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.<br /><br />DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.<o:p></o:p></span></p><p class="MsoNormal" style="line-height: 24px;"><span style="color: red; line-height: 24px;"> </span></p>
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<p class="MsoNormal"><span lang="EN-IN"><o:p> </o:p></span></p>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-2607699935100171382021-03-30T14:08:00.000-07:002021-03-30T14:08:30.635-07:00An End to the Battle between the Writers Guild and Talent Agencies<p><span style="font-family: inherit;">By Tifanie Jodeh Acosta</span></p><p><span style="font-family: inherit;">Jerusha D'Souza </span></p><p><span style="font-family: inherit;"><span lang="EN-IN" style="line-height: 150%;">In April of 2020, a suit was filed
by the </span><span style="line-height: 150%;">Writer’s Guild of America (</span><span lang="EN-IN" style="line-height: 150%;">WGA),
against the "big four" talent agencies i.e., William Morris Endeavor
(WME), </span><span style="line-height: 150%;">Creative Artists Agency (</span><span lang="EN-IN" style="line-height: 150%;">CAA),
United Talent Agency (UTA) and ICM Partners, where WGA stated that certain
packaging fees charged by these agencies are an “egregious conflict of
interest” that “constitute unlawful kickbacks” from the studios to the talent agencies.</span></span></p><p><span style="font-family: inherit;"><span style="line-height: 150%;">Earlier this year the stand-off
between the WGA and the Talent Agencies came to an end when a US district court
Judge granted a request by the WGA and WME to dismiss their antitrust suits.</span><span style="line-height: 150%;"> </span><span style="line-height: 150%;">This came shortly after WME signed the WGA’s
“Franchise agreement”, which is set to end ‘packaging’ (discussed below) by next
year and reduce talent agency ownership of affiliated production entities to
just 20% going back to a commission-based model. A “side letter agreement” was
also agreed to, where WME would divest its interest in Endeavor Content similar
to the agreement WGA entered into with CAA and other such agencies.</span></span></p><p><span style="font-family: inherit;">The business of “packaging” has been
around for decades, where talent agencies bundled a project with talent to sell
a movie or TV show. For this packaging fee, talent agencies would also provide
staffing of writers, mid-level contributors, etc. Generally, a ‘package fee’
for scripted television is the 3/3/10, i.e., a 3 % upfront of the basic license
fee per episode, 3% of a deferred fee paid out of the 50% of net profits and
backend participation which is up to 10% of profit participation. To avoid
‘double dipping’ the talent agencies that collect a packaging fee from the
studio’s do not take their typical 10% commission from the clients that they
represent.</span></p><p><span style="font-family: inherit;">The conflict between the two sides
arose when the WGA gave the Association of Talent Agents (ATA),<span style="color: #ed7d31;"> </span>a collective of more than
100 talent agencies, twelve months’ notice to terminate the ‘Artists’ Manager
Basic Agreement’ of 1976, the contract that dictates the terms of the
relationship between ATA and WGA.</span></p><p><span style="font-family: inherit;">The WGA in its original suit argued
that since talent agencies are financially motivated to negotiate their own lucrative
packaging fees, they do not fight for their clients to receive higher wages. In
addition, talent agencies focused on exclusivity trying to prevent other talent
agency clients from being attached to a project, that way the “packaging
agency” would not need to be shared. The WGA believed that this business
practice goes against the fiduciary obligation of a talent representative to
serve her or his writer clients by connecting such clients with the best talent
for the project, regardless of whether such talent is represented by the same talent
agency. The WGA further argued that these packaging fees violate California’s
unfair competition law, which prohibits any representative of an employee from
receiving money or other things of value from the employee’s employer and as
such talent agents are “employee representatives” and the money accrued via packaging
fees are illegal.</span></p><p><span style="font-family: inherit;">The ATA on the other hand argued
that such packaging fee structures rarely meet a profit level required to lead
to additional payments. Furthermore, ATA claimed that a packaging fee model is
better because it saves writers having to pay the 10% commission, they would
otherwise owe to their talent agents.</span></p><p><span style="font-family: inherit;"><span style="line-height: 150%; text-indent: 0.5in;">The WGA “Franchise agreement” now signed by WME, which
is in line with similar agreements signed with CAA, UTA and ICM, aims to end the
conflicts of interest in writer representation. In summary, talent agencies are
precluded from holding 20% or more of a production company and it establishes
strict rules preventing talent agencies from getting into the production
business, by capping their ownership of production or distribution entities</span><span lang="EN-IN" style="line-height: 150%; text-indent: 0.5in;">
and also a</span><span style="line-height: 150%; text-indent: 0.5in;"> sunset period was added which
ends the practice of packaging by June 30, 2022.</span></span></p><p><span style="text-indent: 0.5in;"><span style="font-family: inherit;">In conclusion, the Entertainment industry is starting to
see a resolve to this, whereby talent agencies are now changing the way
business is conducted.</span></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: inherit;"><b><u>COPYRIGHT & DISCLAIMER</u></b><o:p></o:p></span></p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: inherit;"> Tifanie Jodeh Acosta is Partner at Entertainment Law
Partners dedicated to corporate, business and entertainment affairs. You may contact her at asst@entlawpartners.com.</span></p><p>
</p><p class="MsoNormal" style="line-height: normal; margin-bottom: 0in;"><span style="font-family: inherit;">Tifanie Jodeh Acosta grants column recipients
permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span></p>
<p class="MsoNormal" style="line-height: 150%;"><span style="color: red; line-height: 150%;"><o:p><span style="font-family: inherit;"> </span></o:p></span></p>
<p class="MsoNormal" style="line-height: 150%;"><span style="line-height: 150%;"><o:p><span style="font-family: inherit;"> </span></o:p></span></p>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-16992610479924088572021-03-03T13:00:00.002-08:002021-03-18T14:22:00.498-07:00Controversy of HBO Max’s Same Day Theatrical Release<p><span style="font-family: inherit;">By: Tifanie Jodeh Acosta, Esq.</span></p><p><span style="font-family: inherit;">Jerusha D'Souza </span></p><p><span style="font-family: inherit;">The business of theatrical exhibition has
suffered tremendously since the onset of the pandemic. Prohibition of large
gatherings have caused a severe blow to movies released in theatres. A rise in
the streaming market has been recorded, with stocks of companies like Netflix
reaching an all-time high, forcing studios to re-strategize their business
models to stay relevant.</span></p><p><span style="font-family: inherit;">Warner Bros. announced a ‘Hybrid Distribution
Model’ for its 2020 theatrical slate, a consumer-focused model which could
change the way films are distributed. Films will be exhibited theatrically
worldwide with an additional, one-month access period on the HBO Max streaming
platform concurrent with the film’s domestic release. The slate includes 17
films such as "The Little Things", "Tom & Jerry,"
"Godzilla vs. Kong," etc. The decision was made after the
unprofitable release of "Tenet" in theatres. Using this new
distribution model, “Wonder Woman 1984” went on to gross $118.5 million
globally upon its release.</span></p><p><span style="font-family: inherit;">Back in the 2000’s a similar concept was used
for independent films known as a “simultaneous release” or a
"day-and-date" release which is when a film is released on multiple
platforms on the exact same day, or in very close proximity to each other. The
concern with this business model is the overlapping of separate revenue
channels. The deal would essentially shut off the “waterfall” which is the
industry’s term of the order in which various parties receive net revenue. A
‘day and date’ release would shorten the ‘theatrical window’ which is the time
gap between when the movie first hits the theatres to when it becomes available
on other platforms, this period is usually for 90 days. Followed by which the
movie would become available on home video (DVDs), to television beginning with
pay TV, Video on Demand (VOD) and eventually free.</span></p><p><span style="font-family: inherit;">The digital era has changed the sequence of
release windows with Subscription Video on Demand (SVOD) i.e., streaming
platforms such as Netflix, Hulu, HBO Max, etc., where viewers have the ability
to pay a one-time access fee to watch the entire catalogue.</span></p><p><span style="font-family: inherit;">Even before HBO announced its plans for same
day releases, Universal released “Trolls World Tour”, its animation sequel as
an online rental in April. Disney+ made “Mulan” available in September, but a
key similarity is that both movies carried an extra cost to watch them online.
They were made available under “premium video on demand”, a special early
online release accompanied by high prices that would unlock the title for
home-viewing.</span></p><p><span style="font-family: inherit;">Theatre owners like AMC entertainment have the
most to lose. Maybe some theatre chains will be on board as long as they get a
share of the home video sales. "A" list talent also receive “box office bonuses” as
part of their contracts, and are awarded a percent of the global box office
sales. These interest groups argue that a move like this could dilute box
office revenue, when cinemas have to compete with early availability of a film
on streaming platforms, affecting the traditional movie-going experience.</span></p><p><span style="font-family: inherit;">In terms of theatrical release, exclusivity
language in a distribution agreement will soon become important, where studios
will want to ease up exclusivity windows, and talent will push for larger
windows. Steven Spielberg said "everyone should have access to great
stories", and that they should be able to "find their entertainment
in any form or fashion that suits them." We live in unprecedented times
and the way people are viewing and assimilating content has drastically
changed.</span></p><p><span lang="EN" style="font-family: inherit;"><o:p> </o:p></span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">If you have questions concerning this topic, or other areas of entertainment law, please email us at </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">Asst@entlawpartners.com.</span></p><p><span style="font-family: inherit; font-weight: 700; text-align: justify; text-decoration-line: underline; white-space: pre-wrap;">COPYRIGHT & DISCLAIMER</span></p><p><span style="font-family: inherit; text-align: justify; white-space: pre-wrap;">Tifanie Jodeh Acosta is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at Asst@entlawpartners.com.</span></p><p><span style="font-family: inherit; text-align: justify; white-space: pre-wrap;">Tifanie Jodeh Acosta grants column recipients permission to copy and distribute this column 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</span></p><p><span style="font-family: inherit; text-align: justify; white-space: pre-wrap;">DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.</span></p><p class="MsoNormal" style="text-align: justify;"><o:p><span style="font-family: inherit;"> </span></o:p></p>
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<p class="MsoNormal"><span lang="EN" style="font-family: inherit;"><o:p> </o:p></span></p>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-24626586450898147572020-10-22T13:52:00.001-07:002020-10-26T12:10:03.220-07:00Pay or Play vs COVID-19 <p> By:</p><p>Tifanie Jodeh Acosta, Esq.</p><p>Victoria Couch</p><p class="MsoNormal"><span style="text-align: justify;">Pay-or-Play language is a heavily
negotiated contract clause for above-the-line talent. </span><span style="text-align: justify;">The simplest meaning is this: The commitment by a studio to
pay the talent, regardless of whether the studio subsequently determines that such
talent’s services are no longer required.</span></p><p class="MsoNormal"><span style="text-align: justify;">In the past, a producer or studio
could rely on force majeure as a way to terminate the contract, relinquishing
them from having to pay the talent’s pay-or-play fee. Now, in a COVID world,
the narrow question becomes how force majeure is affecting pay-or-play in
contracts.</span></p><p class="MsoNormal"><span style="text-align: justify;">Pay-or-play is a commonly accepted standard for A-list
directors, producers, and talent. A force majeure event (in layman’s terms an “act
of God”), such as war, an industry strike, a pandemic, or unforeseeable weather
conditions, is a big reason for a employer (such as a studio) to be relieved of
having to pay the talent’s pay-or-play fee. Until now, most people rarely gave
this the force majeure clause much thought or attention because the chances of
force majeure being triggered was quite low. Now that COVID-19 is the new
reality, a force majeure type event is now a reality, entertainment attorneys
such us here at Entertainment Law Partners, are now taking a careful look at these
force majeure clauses.</span></p><p class="MsoNormal"><span style="text-align: justify;">A new and crucial question is how to negotiate this “act of
God” issue in relation to current pay-or-play rights. For now, we recommend going
back and examining any pay or play agreements you are making or re-negotiating
the agreement on a case-by-case basis; there is no definite answer except to
make sure you have experienced counsel navigating you through these unprecedented
issues.</span></p><p class="MsoNormal"><span style="text-align: justify;">For those of you working with Directors on these issues, we
would be remiss if we didn’t note to you that when hiring a DGA director, the
DGA has already built in force majeure protections.</span></p><p class="MsoNormal"><span style="text-align: justify;">According to the DGA’s 2014 Basic
Agreement, Section 6-101:</span></p><p class="MsoNormal"><span style="text-align: justify;">“No suspension or termination
of Director's services shall be permitted or effected by Employer under such
force majeure clause or provisions unless the entire cast and the Director of
Photography of the picture are likewise suspended or terminated, as the case
may be. Subject to such rights of suspension and/or termination, the obligation
of the Employer upon entering into a contract for the employment of a Freelance
Director to furnish employment during any of the foregoing
"guarantee" periods of employment shall be wholly satisfied by the
payment of the agreed salary for the applicable minimum period.”</span></p><p class="MsoNormal"><span style="text-align: justify;">The DGA Basic Agreement is clear when saying that an
incident affecting a member of the cast for one (1) week or less is not
consideration for the force majeure clause to take effect.</span></p><p class="MsoNormal"><span style="text-align: justify;">Depending on whether the project is a television or
theatrical picture, a director must be offered reinstatement within six (6) and
twelve (12) months to continue the director’s previous employment in accordance
with the previous agreement.</span></p><p class="MsoNormal"><span style="text-align: justify;">Main point of this article? Do not read or negotiate Pay-or-play
issues in a bubble. It works together with other contract clauses that affect
how pay-or-play unfolds. You can save yourself from potentially paying out the
entirety of a contract by making sure you are protected in cases such as
project cancellation due to the current pandemic because it is a pandemic, an
act of God and categorized as force majeure event.</span></p><p class="MsoNormal"><span style="text-align: justify;">Now with the basic understanding of pay-or-play, what does
all of this mean for A-list directors, producers, and talent? Simply, now more
than ever, it is important to consider the ways pay-or-play can be terminated. Safeguard
yourself by having representation that understands the intricacies of the
industry and can negotiate protection into your contracts through pay-or-play
and force majeure language.</span><span style="text-align: justify;"> </span></p><div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;"><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">If you have questions concerning this topic, or other areas of entertainment law, please email us at </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">Asst@entlawpartners.com.</span></div><p class="MsoNormal"><span style="font-family: inherit; font-weight: 700; text-align: justify; text-decoration-line: underline; white-space: pre-wrap;">COPYRIGHT & DISCLAIMER</span></p><div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="color: black; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at Asst@entlawpartners.com.</span></div><div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="color: black; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">Tifanie Jodeh grants column recipients permission to copy and distribute this column 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.</span></div><p class="MsoNormal"><span style="text-align: justify; white-space: pre-wrap;">DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.</span></p>
<p class="MsoNormal" style="text-align: justify;"><o:p> </o:p></p>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-83650082900985347592020-09-25T12:49:00.003-07:002020-09-25T12:49:22.348-07:00Get back in to production! Australia's COVID-19 Insurance Backstop Program<p> By: Tifanie Jodeh, Esq.</p><p>Victoria Couch</p><p></p><p class="MsoNormal" style="text-align: justify;">The media and entertainment
industry in the United States alone is a multi-billion dollar market. As we
know, the outbreak of COVID-19 in March of 2020 devastated the entertainment
industry.</p><p class="MsoNormal" style="text-align: justify;">After months of quarantine, people
are anxious and desperate to get back to work. However, the big question is
whether productions will be able to find the necessary insurance to begin
shooting again. </p><p class="MsoNormal" style="text-align: justify;">Production insurance is both extensive
and expensive. There is workers compensation, errors and omission, and special
add-ons, to name a few. Insurance is a top requirement to have in place for
financiers, lenders, and banks.</p><p class="MsoNormal" style="text-align: justify;">Risk is the entertainment
industry’s middle name. When adding in COVID-19 to the mix, very few, if any,
insurance brokers are willing to issue coverage policies. These risks include:
cast and crew contracting the virus, the risk of COVID-19 continuing for an
indefinite period of time, and the ultimate risk of a project having to rely
more heavily on its insurance policy than its revenue; if the project is ever
completed and delivered. New insurance policies will be difficult to obtain as issuers
are not comfortable with attaching themselves to anything related to these
risks.</p><p class="MsoNormal" style="text-align: justify;">To reignite production, many
production companies around the world are looking now to the programs offered
in Australia for an alternative solution.</p><p class="MsoNormal" style="text-align: justify;">Under ideal circumstances, the
extensive 41-page COVID-Safe Guidelines Australia released in May should have
been enough to allow and encourage productions to restart.</p><p class="MsoNormal" style="text-align: justify;">The Australian government
recognized its entertainment industry was one of the first to be severely
impacted by COVID-19 and will be one of the last to fully recover and return to
pre-coronavirus standards of production. To assist the industry and people’s
livelihood, the government created a A$250 million (US$180 million) package to
support the arts, concerts, and events with A$34 (US$24 million) million going
to the Australian screen industry.</p><p class="MsoNormal" style="text-align: justify;">“We’re delivering the capital
these businesses need so they can start working again and support the hundreds
of thousands of Australians who make their living in the creative economy,”
[Prime Minister] Morrison said. These funds are crucial because they ultimately
will serve as an insurance backstop to help minimize production risk.</p><p class="MsoNormal" style="text-align: justify;">The Australian government is offering
grants and loans to its creative arts industry as a source of backing. One area
of the support package is to launch local film and television productions by
dedicating $50 million (US$36 million) to the Temporary Interruption Fund
(TIF). According to Screen Australia, a Federal Government agency supporting
Australian screen development, production and promotion, their “total liability
under TIF for a production will be capped at 60% of the total budget, or $4
million, whichever is less” (<a href="http://ScreenAustralia.gov.au">ScreenAustralia.gov.au</a>, Temporary Interruption
Fund). Screen Australia lays out several conditions for being eligible, such as
the time period for commencing principle photography and the requirement for
obtaining special insurance. The insurance is FPI. “The applicant must have ‘Film
Producers Indemnity’ insurance covering named individuals from an approved
insurer… TIF only applies to productions with FPI insurance that excludes
coverage for COVID-19 events” (<a href="http://ScreenAustralia.gov.au">ScreenAustralia.gov.au</a>, Temporary Interruption
Fund).</p><p class="MsoNormal" style="text-align: justify;">Essentially, TIF is an added
layer of insurance provided by the Federal Government to the insurers.</p><p class="MsoNormal" style="text-align: justify;">This is not a perfect solution to
the COVID-19 issue. Risks will still be prevalent and cast and crew will need
to adjust to new protocols. However, despite all of the related challenges, the
Australian government is “setting the stage.” They are becoming a guiding light
for other countries to follow their lead and financially support their
entertainment industries to help them get on their feet.</p><p class="MsoNormal" style="text-align: justify;"><o:p></o:p></p>
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<p class="MsoNormal" style="text-align: justify;"><o:p> </o:p></p><br /><p></p>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-4435584224318856082020-06-23T12:07:00.000-07:002020-06-23T12:08:00.701-07:00Limiting Debt and Maximizing Business: Why Form a Loan-Out Company?<span id="docs-internal-guid-a2a76f9c-7fff-5c4e-86ce-4b2b094995f3"><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><br /></p><p dir="ltr" style="line-height: 1.656; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">By:</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> Tifanie Jodeh, Esq. & Kelmer Messina</span></p><br /><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">When we think of the word “company” we usually imagine huge buildings with thousands of employees running operations that amount to millions of dollars. While this can be one, </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">a company can potentially be formed by one person and even be run from home.</span></p><br /><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">Companies can come in many shapes and forms but, ultimately, </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">a company is a legal entity created with the purpose of conducting business and limiting liability (such as debts and mortgages). </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">A company is a different legal person from its members, meaning their assets and obligations are different from your personally. </span></p><br /><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">In the case of the Entertainment Industry, it has become customary for actors, producers, directors or any other Industry professional to </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">loan out</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> their creative services through what we call a “</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">loan-out” company </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">because of its many advantages. </span></p><br /><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">In this article we will examine 3 benefits of going through the work of incorporating a company, even if you do not run a huge operation with little or no employees. These 3 benefits</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;"> are</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">:</span></p><br /><ul style="margin-bottom: 0; margin-top: 0;"><li dir="ltr" style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; list-style-type: disc; vertical-align: baseline; white-space: pre;"><p dir="ltr" role="presentation" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">#1: Forming a company can limit your personal liability.</span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; vertical-align: baseline; white-space: pre-wrap;"> When contracting through a company, the obligations and debts you incur during the course of business become </span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">separate from your personal finances.</span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; vertical-align: baseline; white-space: pre-wrap;"> </span></p></li></ul><br /><ul style="margin-bottom: 0; margin-top: 0;"><li dir="ltr" style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; list-style-type: disc; vertical-align: baseline; white-space: pre;"><p dir="ltr" role="presentation" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">#2: Organization</span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">.</span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; vertical-align: baseline; white-space: pre-wrap;"> Having your personal and business matters separate from one another will make it a lot easier for you to do business. This clear separation can benefit you during </span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">dealmaking</span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; vertical-align: baseline; white-space: pre-wrap;"> and also makes it a lot </span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">easier for money to go to the right place. </span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; vertical-align: baseline; white-space: pre-wrap;">Payments and liabilities are directed from your Company to partners, employees or independent contractors</span></p></li></ul><br /><ul style="margin-bottom: 0; margin-top: 0;"><li dir="ltr" style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; list-style-type: disc; vertical-align: baseline; white-space: pre;"><p dir="ltr" role="presentation" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">#3: Legitimacy.</span><span style="font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 400; vertical-align: baseline; white-space: pre-wrap;"> When working with others in the Entertainment Industry or securing financing, it can give an air of legitimacy and professionalism, ultimately making it easier for them to do business with you. Longevity of your business will make it better for you to secure loans, create good will and build your brand</span></p></li></ul><br /><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">We can assist you with forming the appropriate corporate entity. It is worth the time to explore your options and find out if it’s the right fit for you and your goals. </span></p><br /><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">If you have questions concerning this topic, or other areas of entertainment, business or corporate law, please email us at </span><a href="mailto:Asst@entlawpartners.com" style="text-decoration-line: none;"><span style="color: #1155cc; font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">Asst@entlawpartners.com</span></a><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> or call us at </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">310-684-3666 </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">to schedule a </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">free initial consultation.</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> . </span></p><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 12pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">COPYRIGHT; DISCLAIMER: </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. </span></p><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 12pt; text-align: justify;"><span style="color: #333333; font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">Entertainment Law Partners</span><span style="color: #333333; font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> is a full-service Los Angeles and Miami area based entertainment, business and corporate transactional law firm providing expert counsel in a wide array of business transactions with a focus on corporate, business, entertainment, media and technology industries. </span></p><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 12pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">You are receiving this newsletter because we most likely met you somewhere at an entertainment related function such as a film festival, event, party, networking or we've done business with you. </span></p><p dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 12pt; text-align: justify;"><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">For more information about the firm or to stay up -to-date on current issues in the business, visit our site at</span><a href="http://www.entlawpartners.com/" style="text-decoration-line: none;"><span style="color: black; font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> </span><span style="color: #2f65da; font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">Entertainment Law Partners</span></a><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> or follow us on Facebook, LinkedIn, Instagram or Twitter </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">(@entlawpartners).</span></p><br /><br /></span>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-9221716229109815462020-06-12T14:54:00.000-07:002020-06-12T15:27:03.012-07:00Online Film Festivals and COVID-19: Festival Transition to Online Formats<br />
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">In
this webinar we will explore the challenges the Entertainment Industry is
currently facing as a result of the shift to online formats for the most
popular film festivals. The panel is composed of notable jurors with prolific
careers in the film industry. During the webinar, the panelists will focus on
the current challenges film festivals are facing as a result of the ongoing
pandemic and how it has a forced shift to online formats for them while
simultaneously exploring solutions to resolve them.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">If
you have questions concerning this topic, or other areas of entertainment,
business or corporate law, please visit </span><a href="http://www.entlawpartners.com/"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">www.entlawpartners.com</span></a><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"> or email us at </span><a href="mailto:Asst@entlawpartners.com"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Asst@entlawpartners.com</span></a><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">. <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">f you would like to view the video version of this webinar,
please click the following link:<o:p></o:p></span></div>
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<a href="https://youtu.be/PVDLC4zzr70"><b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">https://youtu.be/PVDLC4zzr70</span></b></a><b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><o:p></o:p></span></b></div>
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<b>Speakers:<br />
</b>-<b>Stacey Reiss</b>, Emmy Award-winning filmmaker, Tribeca Film Festival
juror.<br />
-<b>Ryan Saul</b>, prolific talent agent at Paradigm Talent Agency and juror at
the Austin Film Festival.<br />
-<b>Skizz Cyzyk</b>, award-winning director and juror at the Kansas City Film
Festival. <br />
Moderated by <b>Tifanie Jodeh</b> of <b>Entertainment Law Partners</b>. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie
Jodeh: </span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Hello everyone. Welcome to this very
special webinar. We will be discussing online film festivals and the trend of
the festival business in the wake of this pandemic. As of quick note of
administration before starting this portion of this webinar, please be sure to
ask your questions in the Q and A box and not in the comment box so we can make
to answer as many questions as we can. So now that is out of the way, I am your
host Tifanie Jodeh of Entertainment Law Partners and the moderator of this most
distinguished panel: <b>Stacey Reiss, Skizz Cyzyk and Ryan Saul</b>. So thanks
everybody for joining us. I will start by having each panelist introduce
themselves and we will start with Stacy. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacy
Reiss</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Hi everyone. Thanks for joining us
and thanks for inviting me. I am a producer. I produce documentaries and
narrative films. I recently served as a juror of Tribeca Film Festival in the
new documentary director category. I have also been a juror on the Montclair
Film Festival, as well as a filmmaker with a number of films that have premiered
in festivals around the world. I recently produced a film called <b>Spaceship
Earth</b>, which was at Sundance Film Festival this year. One of the few
festivals that happened in person and it was acquired by me on and was released
in the middle of the pandemic on May 8th.<o:p></o:p></span></div>
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Tifanie: All right. Great. Thanks, Stacy. Let's start next with Skizz.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Skizz
Cyzyk: </span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">I am Skizz. I am a filmmaker from
Baltimore and I have had a long history of working for film festivals starting
in the early 90s. I founded… or co-founded <b>MicroCineFest</b> and ran it for
ten years. I have been involved with the <b>Maryland Film Festival</b> since
1998, serving as the programming manager for nine of those years. I was
involved with the <b>Atlanta Film Festival Slamdance</b>, and I have been on
jury set of most of those and several others including Sidewalk in
Alabama, Oxford in Mississippi, Memphis, and Bandon, Oregon and that is pretty
much it.<o:p></o:p></span></div>
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<b>Tifanie</b>: All right. Thanks, Skizz. And next and last.<o:p></o:p></span></div>
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<b>Ryan Saul</b>: Hello, I am Ryan Saul. I am an agent. Most particularly agent
over at <b>Paradigm</b>. I have been an agent now for twenty-two years with a
specialty in directors. I have been a judge for a number of screenplays. The
screenplay portion of a member of film festivals in the juror with Austin, but
I have worked with <b>Sundance</b> and <b>South by Southwest</b>, a lot with
the <b>Austin Film Festival</b> and a lot with the <b>Cleveland Film Festival</b>
as well, and sort of film festival over the years. So yeah, and right now is a
really interesting time in this business to be an agent. You know, we are
learning the mistakes of putting eggs all into the live events basket now.
Before it was like, hey, let's- we are afraid of writers strike. Now, there is
another issue that the agencies have to deal with. And I think we are going to
see what this business looks like in the next six months that is going to be
something that we have never seen before. Former film school brat from Florida
State University, I went and got my MFA there and I am a former theater
director. So that is it in a nutshell.<o:p></o:p></span></div>
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<b>Tifanie</b>: Well, thanks. I think, Ryan, that really leads us into
definitely, then start off with the first question is: <span style="mso-spacerun: yes;"> </span><u>basically, you all have contributed in this
current film festivals that setting, so how was your experience different
before from the norm?<o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Who should we want to start with?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Let us start with Ryan.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Well, I still think we are trying to figure out what the
norm is. You know, things are changing daily. When are we going to open back
up? Are there going to be theaters to be opening up back to? When will
production start? How is production going to start? What are the projects that
are going to start first? I represent who is directing Planet of the Apes and
they are starting production, but they are doing most of it through the Unreal
Engine, which is the Epic game engine. So I think you are going to see a lot of
effects driven projects going first. And you are also going to see smaller
productions that can shoot, which I think is going to be good for the
independent business. As far as how that affects you guys and film festivals, I
really think- Stacy and Skizz, we were talking about this before that - <span style="mso-spacerun: yes;"> </span>I really think we are in unknown territory.
You know, it is not just about, can we all go to Sundance? I mean, is Park City
like the best place to have a Sundance? Is Toronto a better place because there
is more wide open spaces? What does this mean for theaters? How are we going to
screen these movies before they even go to festivals? There is just a lot of
unanswered questions and I really do not know what the answer is right now. I
think people are talking every day about trying to figure it out. So I have no
answer to that question, but no one knows.<o:p></o:p></span></div>
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<b>Tifanie</b>: Okay. Stacy, what are your thoughts on that?<o:p></o:p></span></div>
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<b>Stacy</b>: I mean, I recently was a juror at Tribeca Film Festival which
happened virtually. One thing I will say is I watched sixteen movies to judge
and I have plenty of time to watch sixteen movies in like a ten-day period
which is not normally the case. But I think the way that festival handled it,
it is not a festival that was open to the general public but they kept the
jurors and they kept these categories for competition knowing that if you are a
filmmaker and a director that is awarded an award at a festival, that helps you
with distribution. And I thought that that was really a great experience that
those directors that you know, one in the different categories in the
documentary category I was part of, I know that those films do not have
distribution and I imagine that having that Tribeca Film Festival award is
going to help them as they go out into the marketplace. And I think if you
think about film festivals, they kind of function in two ways. For filmmakers
there either a place to showcase or premiere a film that already has
distribution or there a place to gain distribution and gain an audience. And so
I think that you know, as much as we can if we can not have them in person, how
can we still have that experience right now? And that is something to think
about.<o:p></o:p></span></div>
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<b>Tifanie</b>: Skizz, you served on many film festivals. What do you think
about it? <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Skizz</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Well, it is funny because you were asking about the jury
experience and I have only juried one festival so far this year and that was
Kansas City Film Fest International, and it really was not much different
because they always have you watch the films in advance or usually have you
watched the films in advance. And this time I was the only juror in my category
so I did not really get together with any other jury members to deliberate. So
I just watched a bunch of films here at home and I told them who I thought who
would get the awards. I guess the biggest difference is I did not get to go
there. You know, I did not get to be there and meet people and see films that
were not in the category I was judging. And that was kind of sad because I was
really looking for- I love traveling to film festivals. It is kind of why I do
it. So, to not get to go is kind of a letdown.<o:p></o:p></span></div>
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<b>Tifanie</b>: Right. No, I think we are all feeling and suffering that. So
leading into that, Stacy, you would just mention this a little bit, but
obviously some festivals or one of the biggest supporters and platforms for
independent films: <u>How will festivals like Tribeca be able to continue such
support in this online format?<o:p></o:p></u></span></div>
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<b>Stacy</b>: You know, that is a good question. You know, in terms of this
format, I do not think you can replicate the in-person experience. I mean, to
add a little bit more to my experience with the Tribeca, they did try to make
it an exciting experience even if we were all at our homes. Like the kickoff
Zoom call had Jane Rosenthal and Robert De Niro on the call. So it was like,
you know, fun to be on a Zoom with Robert De Niro. And my group of five jurors,
we met a couple of times in that screening process. Like we broke up the films
into groups and then we kind of met online and kept talking about them just so
we could feel like we were having that kind of in-person experience that all of
us really love about being part of a film festival. I think that the important
thing is, if you can not replicate the in-person experience, how can you
support filmmakers and these films otherwise? And I think, that one great thing
that film festivals have is they have huge mailing list. So I know with Spaceship
Earth, we did a lot of panels for different film festivals around the country
and we did Newport Film Festival and Martha's Vineyard Film Festival and Utah
Film Center and email blast went out to all of their groups talking about our
film, talking about this panel. And I think just in terms of creating a buzz
around a film and creating an audience. If you can not do it in person, maybe
you can capture people's eyeballs in their inbox and try to get them to
know about your film and watch your film. So as film festival sort of moved
online, I think that there should be some consideration into how can you build
an audience, how can you help filmmakers with distribution and how can you
showcase these great films that were not doing in person and use that as kind
of a way to think about what your plan is going forward.<o:p></o:p></span></div>
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<b>Tifanie</b>: Right. Stacey, you mentioned like a flooding people's inboxes
with different content and just stay on the subject for a second. Do you think
then there are different variety of ways, instead of just being one of many
emails in somebody's inbox to help support these filmmakers in such an online
presence? Is there like potential press that you have seen been done or
anything that is maybe a little bit out of the box that these film festivals
are trying to do?<o:p></o:p></span></div>
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<b>Stacey</b>: I mean, I think it is about offering something different. So
what is different about it? Often it is having a conversation like this. I
mean, many people do not get to go to film festivals. They do not get to be in
the audience and see the director and producers or film subject stand in front
and answer questions. But in this Zoom virtual world we live in, anyone can
attend a film festival. There is not really this barrier to entry. And so, I
think in some ways like I was saying before the colloquy, we were able to
be in many places in a given week, where normally we would have had to travel
to all these different places to show our film. So I think that if you can
offer something; a conversation or a takeaway, I think that is a way of
attracting people rather than them just going on iTunes or figure out another
way to watch it.<o:p></o:p></span></div>
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<b>Tifanie</b>: Right, right. So going through that then in general, <u>do you
think online film festivals maybe can ultimately replace the physical ones?
Skizz, what do you think starting there? <o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Skizz</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I do not think so because there is no replacement for
being in a group of people when meeting people and hanging out with them and
watching moving discussing it afterward. Yes, you can watch the movie together
online and then have a conversation afterwards, but just not the same as
actually being there and going to get a drink or a meal with some people you
just met. I do think though that a lot of festivals will probably continue this
online thing, even after we are all allowed to be in the same room together
because- well, for one thing is somebody that started a film festival. I can
remember some years where it was really hard to find a venue and now the venue
is whatever platform on the internet your festival chooses to use and if it
works keep doing it. I do not think it will be a replacement but I also do
not think that festivals will stop doing it when they are allowed to.<o:p></o:p></span></div>
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<b>Tifanie</b>: Right. Ryan, what do you think there?<o:p></o:p></span></div>
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<b>Ryan</b>: Well, I think there is a short term which is now, and I think for
the next year this is maybe going to be our reality. Eventually, it is going to
end and we are going to be going back to Toronto. We are going to be back to
Sundance. We are going to be going to Baltimore and Texas. But I think the
lessons that we can be gaining from this is what can we take from this
experience, like Stacy had said. I mean, is there a part of South by Southwest
where if I can not buy a plane ticket or a ticket to go there, can I pay to
have access to these films from Zoom? Can I be a member of the community and
take place in some of these online Q and As? And I think that is only
going to add to the festival experience for the future. I think we all
something to look at economically what is going to happen once we get through
this too. You know, you look from an agency perspective, are the agencies
going to be able to afford- I mean, not afford, but are they going to want to pay
for travel to some of these film festivals to Scott new talent. And if there is
a way to have the film festival experience- Yes, it is great live, premieres,
red carpets. That is awesome. But if there is another way to do it where we can
also see the films in a virtual way and interact with the community in a
virtual way, I think there is something to be learned from that, because there
should be no more borders economically where if I am a young filmmaker shooting
something in Topeka, Kansas, and I want to have that film festival experience
because I am a film of file, well, the economic limitations should not preclude
me from experiencing that festival in a way. Maybe it is not live but still you
feel part of that film community. I think that is where we are going. I think
it is going to be a hybrid of all of these things that were talking about. And
access to independent film I think will be also greater than it has ever been
before.<o:p></o:p></span></div>
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<b>Tifanie</b>: That is interesting and just to touch on that- you know, you
represent directors and there is a very important part of that for talent and
getting talent to travel and being comfortable with them attending in
festivals. It is ultimately a ripple effect. <u>What are you telling your
clients as far as like should they be doing these film festivals or should they
be waiting? How does that work for your client base?<o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Well, you know, I have a couple of projects and looking at
it from both the production end of things and now distribution and film
festivals because I have a couple projects that were in post cut clients
projects that were imposed when all of this started happening and we were
shooting for Toronto. Now we would be shooting for Sundance. And as those
dominoes fall, we are trying to figure out where do we get placed or is the
strategy then- well, lets shoot the film festivals and lets go right to finding
distribution. Is that going right to Netflix? Is that going away to Amazon? Is
that going right to Hulu or HBO Max or any number of these streaming
platforms? I think more of these streamers are going to come out of this. I
think you are going to see some independent streaming companies. I do not know
if you guys know Brian Guilbert. He is putting something together this kind of
an alternative to a Netflix, Amazon, Hulu that that is going to focus on the
independent films that maybe have not been able to find distribution and he has
the money behind it to launch it. Now from a production standpoint, we are
telling clients is, "Look. I have projects ready to go in production
independent project that they are going to shoot in July in Louisiana. Another
one wants to start shooting in October in Vancouver." So, you know, but we
are all in a wait-and-see. I think production is going to start up sooner than
a lot of people think and I am telling clients to pray right now and stay
positive because no one really knows. We can only control what we can control.
And Lionsgate and all of these other places can put out there treatises on,
this is how we are going to go back in the production, but it is going to come
down to two things- and film festivals by the way, to come down to insurance
and it is going to come down to the unions. And when they say we are okay and
ready to go, that is when we are going to go. And talent by the way,
because they are going to be sequestered.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Right. The comfort of the talent is always the ripple
effect. That is for sure. So leading into that, Skizz, as we all know, you have
served as a juror before. <u>Do you think the shift right now to the online
edition is blown out of proportion? Do you think people are just making too
much of a big deal about it? Or are they really that different? Is it still
beneficial right now?<o:p></o:p></u></span></div>
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<b>Skizz</b>: I mean, I think festivals are doing what they have to do in order
to keep giving their audiences something. And I am starting to see more
festivals doing a lot of online stuff, but at the same time, they are starting
to do drive-ins, their actions starting to do outdoor screenings where there
are social distancing and it is a start to getting people back together. I do
not think it has been blown out of proportion at all. I think we are just doing
what we have to do.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Tifanie</b>: And the drive-in theaters is that- obviously a place like New
York, you are not able to do that. But maybe for some, you know, like Kansas
City or what, you have a lot more land that that might be an opportunity. Are
you seeing a lot of interest in that? That is something that may be a trend or
just maybe a band-aid right now?<o:p></o:p></span></div>
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<b>Skizz</b>: I hope it is a trend. I mean for one thing I love drive-in movie
theaters. The one what we have left here in Baltimore, the Benji's has just
given the 'okay' to open to the public this week. They just reopened last
night. But I have been seeing some of the festivals that I go to frequently;
Oxford in Mississippi and Sidewalk in Alabama. They have been doing this
driving thing. It looks really fun. I mean, I kind of wish I was there. I wish
I was there anyway, but I am not near anybody that is actually doing film
festivals as a driving. But if I were driving distance, I would definitely go
to them. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: We did a special screening for Spaceship Earth in LA at
the drive-in. That was a way that we could have a premiere and have people come
and watch the film in person before it was available on Hulu and iTunes and
everywhere else. [crosstalk] And it is fun to see it that way. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: How many people did you have? Did you have press
there? Or what was the purpose of the screening? <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I think there is a sneak peek screening. I was not
there because it was in Los Angeles and I was not in Los Angeles, but I saw
photos and it was quite full and there was some press and some regular
cinephiles that wanted to go out and see the movie and it is still playing at
some drive-ins. I think drive-ins are having a bit of a revival right now,
obviously.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Tifanie</b>: Yes, that is for sure. That is definitely for sure. Ryan, going
back to you..<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Real quick, Tifanie. I also think- and this is not
film related. I think we are going to see that in the music industry very soon
as well; these drive-in concerts. You know, maybe we are not going to go see
you two at a drive-in, but I think there will be independent bands that are
maybe- you know, the traditional bands that would do- not stadiums but arenas
for popular local bands. You are going to start seeing a lot more of using the
driving as a way to at least re-enter the live entertainment scene.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Ryan, do you think that is a new business plan? Or do
you think again, that is just like a band-aid?<o:p></o:p></span></div>
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<br /></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I think a lot depends on where we are with this virus or
any potential viruses or civil unrest. You know, we are in uncharted territory
here. So I do think and I thought this for a decade that these streaming
services- you know, when we first started getting into talking about online. We
are going to change independent film for the better and people around the world
are going to have more access to independent film than ever before from their
living room. You know, how many movies now are made directly for? Originally,
like DirecTV, it is replacing the home video market. But now you are seeing
things on HBO Max or- what was this movie? The woman from Black Edge. I
can not remember. It is now being advertised all over the post to direct. Like
that is something that you probably would never go see in the theater, but
people are watching it from home right now. I think people would love to get
out but people also love the kind of stay in and have a personal experience
with their films and their entertainment. Again, I think it is going to be a
combination of both moving forward. But do I think drive-in concerts are going
to replace going to the troubadour if the troubadour even exists anymore or
going to an arena to see fish or something like that? No, because you have to
be there to have that experience. I think film festivals are going to be the
same way. Although I do think the online portion of it, the virtual portion of
it is going to help smaller film festivals. You know, some of these film
festivals that- I do not go to as an agent but have local films or local
filmmakers, like I am more apt to tap into the online version of the Alabama
Film Festival than I would flying to Alabama. I do not have the time to do
that. I think that is the thing that some of these smaller film festivals and
independence are going to benefit from what we are learning today.<o:p></o:p></span></div>
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<b>Tifanie</b>: Right. Okay. So thanks on that. That is a lot to think with and
we have gotten a lot of chat going on about that. And there is I guess
Ticketmaster and some Live Nation is trying to make plans for that. So that is
a really interesting subject matter as well. But leading into the next
question, this one's for Stacy and Ryan. <u>So one concern for producers and
filmmakers like yourself is whether participating in the digital film festival
may adversely affect your distribution offers. What do you think?<o:p></o:p></u></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Stacey</b>: I honestly do not know. I have not heard that it has affected
distribution. So I can not really speak to whether someone if they premiered it
online film festival. I mean, film festivals have always been separate than
distribution. So I have not heard that anyone has not gotten distribution
because they have decided to play in an online film festival. You know, I know
that with Tribeca they were saying to filmmakers that participated, that they
did not need to count this as like premier status. It is like sometimes a lot
of these film festivals, especially some of the top tier ones, they all want to
be the world premiere or the US premiere and a lot of these festivals were sort
of removing those premier restrictions and sharing more around these films. So
that was exciting to me that if a film premiered at Tribeca as part of this
online festival, but then let us say Toronto happens, they could still say it
was a world premiere at Toronto because there was no audience at least for
Tribeca. But in terms of distribution, I do not know. Maybe Ryan has more to
say about that. I have not really heard about that.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Ryan</b>: I have a couple things to say. I think independent film
distribution with the exception of if you think about how many independent
films there are in any given year and if you think about the percentage of
those that actually get wide distribution, and the theaters of actually show
independent films have been shrinking as well. I think we have had a problem
with independent distribution for a long time. How does showing your film
in a digital Tribeca or digital Toronto affect distribution? I think the answer
is a little unclear because we do not know what distribution is going to look
like at least over the next couple of years. I mean, is it distribution to
theaters? Or is it going to be, "Hey, here is our digital window and we
are going to reserve the right to do twenty-five cities, if we can distribute
in those twenty-five cities."? And the first thing we got to do when it
comes to distribution is actually get people back into theaters, and I do not
know if that is going to happen anytime soon, as far as like the way it was
happening. And we had a problem getting people in the theaters long before
this, you know. This is only going to make it worse and theaters were operating
in very very thin margins. I think it can go one of two ways where the last
time we had a pandemic in 1918. That was when- I can not remember who it was,
but one of the studios and I think it was MGM. I can not remember. It started
buying up all the independent mom-and-pop theaters and began what is now our
current distribution model, where you have giant theater chains in conjunction
with the studios. I think you are starting to see it now with- well, yes. I
know that I guess. The last pandemic was 1968. Thank you for correcting me.
However, there are 60 million people died and it changed the way we
distribute filmed. I think in 1968 people were still got- I am sorry. I got
distracted by someone correcting me on the last pandemic. So I think we are
heading that way. I think Netflix is going to start buying theaters. I think
Amazon is going to start buying theater chains and bailing them out. I think
Saudi Arabia is going to start buying our theater chains. How is that going to
affect independent film? I think remains to be seen. You know, as someone who
looks for talent, it does not change the way that I find directors. It is not. I
signed most of my directors off of screeners. Anyway, I like the visual
experience of watching a movie with an audience. But also I have learned that
watching a movie with an audience can also skew my opinion of what I think of a
film. And so I personally would much rather watch a film in my world rather
than let an audience dictate to me whether something is good or not from a
director standpoint. Did I answer your question? I intended. [crosstalk]<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie: I
mean, you know, at least [inaudible] with my clients just from a lawyer's point
of view doing these deals, there is a lot more questions from these streamers
about what was the distribution platform of this festival? Can you go play
online now to view it or was it only temporary during the time of the festival?
So there is a lot more query on it because these streamers are very concerned
that they are going to pay a lot of money for these films and find out that
they can find another one on some other link or the festival has been able to
distribute it publicly and stays that way. So it is really a question of value
and really more in-depth conversations about how the film festivals supporting
the film during the time of the festival. But what happens to the film
afterwards? Where is it at? How is it out? So that is definitely something to
consider when my clients and I look at potentially accepting premiering our
film on these different platforms. So it is a very different conversation. At
least for me as a lawyer, it is not like I can go down and look at a book or a
standard industry answer. So it is really has to be a lot of communication and
making sure to protect clients and really the success of the film. So cool. So
let us talk, Skizz, as you mentioned this earlier. So I will let you take this one
to start out with. Obviously, a really big incentive to going to a film
festival is that those free drinks and that networking opportunity, and a lot
of us are really struggling with that. I mean, I am sure I will still drink
wine a lot at home. But how are you getting out there? How are you seeing
people networking right now?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Skizz</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: That is a tough one. I tend to make a lot of enemies when
I say that I do not like the network and I do not like to be networked. I tend
to distrust people that are sucking up to me thinking that I can pull a string
and help them in the future. I like to make actual friends. So the whole thing
in networking- I think the alternative is already been happening, which is
social media. I am sure we all experiences every fall. I start getting an<br />
influx of friend requests from people that I do not know and then after I
accept their from request I get a message asking if I can pull a string and get
their film in the Sundance. I am like, oh this again. I do not expect that to
go away. I actually expect to get more of it. And actually this year, I have a
feeling there is going to be a lot of filmmakers thinking that the bigger films
are going to sit it out and that is going to make it easier for the smaller
films that get in. So I expect that I am going to get a lot more of those
messages in the fall.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Tifanie</b>: Stacey, what was your experience?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Well, I think taking maybe like a little bit of a
different in terms of looking at it not as networking, but maybe more as like
career building or trying to learn, do maybe a little bit more education around
parts of the business where you might want to have like a more in-depth
conversation around something. I mean, one of the things that has been
interesting is lots of organizations like this panel today are hosting things
every week. So like in the Documentary Space, IDA, and the Documentary
Producers Alliance and who else? Women in Film. They have been all hosting
these different panels and like Hangouts and talks, and a lot of people have
more time on their hands now than ever before because they are stuck at home and
people are more accessible. So I think in a professional way if you want to
join some of these conversations and listen in and learn a little bit more
about how to produce, how to get your films and festivals, and look at it from
a networking from that point of view, I think you are able to kind of sign into
some of these things, get your questions answered, people are more available
and it is not the same thing as like sitting next to someone in a theater. I
mean, I have made friends at Sundance, sitting next to someone on an airplane
or in a theater and there is nothing that is ever going to replace that
experience. But, you know, at festivals people are also like, "I am off to
the next screening. I am off to the next party." You have two minutes here
and there and right now people are spending an hour talking to people,
answering questions and I think it is a way that you can make connections with
people, like meaningful connections and learn a little bit more about the
business if you are interested.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: <u>Do you think that the networking opportunities are
better for those people who cannot make it to these festivals and/or may be
able to take advantage of this current landscape that we are working in right
now?<o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Yeah, I definitely think for- you know, up-and-coming
producers and directors, people who are making their first film. I think there
is sort of this wealth of resources right now, that people can tap into and
people with a lot of experience that are willing to share some of their
experiences. So I certainly think for that sort of subset of the population.
You know, there is a lot to tap into for sure.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Tifanie</b>: Right, right. All right. So kind of building on what we had
mentioned earlier about different formats and how success can come on the small
screen, and this is for Skizz and Ryan. We will start with Ryan. <u>Do you
think different genres benefit better from being online versus other genres?
And why should they or should they not? Who should just hold back and wait and
potentially wait for the audience?<o:p></o:p></u></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Ryan</b>: I do not think anyone should wait. I do not- I mean, I think-
and this is only my perspective and I am not looking at it totally from the
film festival experience. I am looking at it from looking for new talent
perspective. I think the one thing that is coming out of all of everything that
is going on right now is the search for new voices, diverse talent, different
types of storytelling are more important than ever. And also, I think you are
finding the breakup of some of these agencies, are also going to help on people
search for talent as well. You look at what is happening at WMA. You look at
what is happening at my place at least the next forty-eight hours. You look at
what is happening there. You know, agents are now segueing into management
companies are managers because we are getting tired of being told what to do,
especially the people who film a files at heart. If you would have told
Grateful Dead following Ryan Saul, he would be wearing a suit everyday to work
and you know, that was going to be your life. He would like, "FU, man. I
never wear a suit." Well, you know, twenty-five years later. I find myself
doing that but I have never lost my passion for the art of film making and I
think there are other agents out there like that. So I think right now is
probably one of the best times to be a independent filmmaker or a writer or to
tell stories that we have not seen before because all of this upheaval,
everything that you are seeing and it always comes after upheaval. Some of the
best art and some of the best films are created out of that. So I know that I
am telling clients, "No, do not wait. Do not wait to write that
screenplay, that story that you always wanted to tell. Do not wait to go shoot
that movie." If you can somehow shoot that movie now in isolation, go do
it because that is going to be a story. I do not know how many covid or this is
what I did during the riot stories, were going to be able to handle, but you
know, go at it because the whole goal for all of you guys out there whether you
are filmmakers or distributors or independent producers is you have to make
film. If you were doing anything else you would do it because this business, it
kind of sucks as a business, you know, but it is better than something insurance,
you know. So I just think like, no, do not stop. You know, in working with one
of my directors using post right now, I am looking at cots with her like every
other week. We are taking this time to find the right cot even though the cot was
supposed to be picture locked a month ago. Who gives a shit? Because we are not
going to sell it right now. So lets just keep going, you know. Make it as
good as we can. Lets start talking about what the next project is because
people are getting hired, materials being sold. This business is not stopping
because we all have to do it virtually. We will find a way to keep going and
find a way to survive. So you guys have to do it too creatively, right? That is
my soapbox.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Tifanie</b>: Skizz, what do you think? Do you think one genre over another
two or-?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Holy shit! I do not even answer the question. No!
[laughter] No, there is no genre. You guys are right. Dude, do it. Like studios
want it. Netflix what do you want from it? I am sorry, Skizz. Netflix is really
come from romantic comedies right now, but that is going to change in two
weeks. Yeah, we really need animation. If you are in animation right now, Holy
shit! Like call me because that is what is being made. Everything is in
production. All right. Sorry, Skizz. Go. My bad.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Skizz</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I was thinking of so many different things to say based on
things that Ryan was talking about, that I completely forgot what the question
was. One of the things that he said about how many films are going to see with
covid-19 as part of the subject-matter. I have actually been working on a
documentary following around an artist and you know, it was supposed to be from
last April till this April. and of course by the time, this April rolled
around, we are all quarantine and I have really struggled with, do I even
include that? Because, I mean, I was at film programming when Katrina happen
and we had like four years worth of Katrina films coming in the pile of entries
every year. It is like, "Oh man, I do not want to make one of those
films." But anyway, that is one thing. Another thing Ryan said was
watching a film with an audience can skew your opinion of that film and it
reminded me of all the times as a screening entries as a programmer or
screening films as a juror. Comedies just are not as funny when you are alone
watching them on a laptop as they are when you are in a theater with an
audience that is laughing at. I mean, that is the whole rule of the laugh track
and it is one of the reasons why a lot of the late night comedy shows these
days are not as funny because the audience is not there laughing. So I would
say comedies is one of the genres that is probably hurt most by not being seen
by an audience in the same room at the same time. I do not know, I keep hearing
that there are comedy TV series that are doing really well streaming. So what
do I know?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Right, right. Okay. Well, I think what we are going
to do is we are going to jump into these Q and As because we have gotten quite
a few of them. So I am going to read them and Stacy, Skizz, and Ryan, just
raise your hand or jump in because of this is from our audience. So the first
one is from Reverie. Okay, being a judge of fun work what qualities do you
look for considered award-winning material of subject matter address- Oops.
Sorry. It went away. Sorry, Reverie. Sorry, your question went away. I am
so sorry. Can you rewrite it? So I will just jump to the next one. Sorry about
that. So from Christina: So the panel in a landscape of heightened security for
films and anti-piracy. How do you think the distribution company in studios
will be showing their films to an online audience with certain DRM in place?
Anybody want to take that?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I am not a security expert. I have no idea.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I only answer it to my general understanding. Again,
it is a conversation. This is all new stuff and it is just a question of
whether or not these film festivals are able to secure these films, passwords
being taking them off, one view only situations. But again, this is something
that I think the studios are still dealing with even more now because there is
so much more content being consumed online. So that is really a very hard one
to answer in light of you know, everyone is really trying to have the best
intentions with these different premieres of these films. And so it is just up
to a conversation on how these films are being distributed and what these
studios may need in order to feel comfortable themselves to distribute them.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Okay, so we are back to Reverie again. They
write: <u>already this lockdown has decreased air pollution globally. The
homestead has already solved certain aspects and will continue to create a
quality of life improvements. Do we keep this up?<o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Wait a second. Hold on. I thought Reverie question
was-<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: This is a second one. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Okay. Being a judge of fun work, what qualities do you
look forward to consider award-winning?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Right. On mine it went away. So but if you have it, Ryan,
you answer it. You take the fun.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: All right. So Reverie's question was, being a
judge of fun work, <u>what qualities do you look forward to consider
award-winning? Material of subjects address script or visual aspects of the
film work, which specifically interest you?<o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Anybody?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: I know that one I screened a lot of work both as a juror
and also for other awards like guilds and things that I am part of and I know I
am always looking for originality. Like is there a fresh take on a story that
may have been told before but a different point of view? Is it a story I have
never heard before? Is it visually beautiful? Because I think that matters. Is
the access when it comes to a documentary something that is so unique and I
have never seen before?.I know that the film that won the award at Tribeca, it
was just such an incredible access and the director has spent years shooting
this Verity Film with her subjects and clearly gained so much trust that it
just came through so clearly in this relationship. So those are some of the
things that I look for when I am looking at work.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Skizz</b>: Yeah, I would agree with all of that. I have been asked this
before like, "How do you know which ones are the winners?" And it is
like, "Well, you know, when you see them." Like it is kind of hard to
pinpoint but Stacy just did pinpoint a lot of it. I remember I was on a jury
once where there were 12 of us. It was a big jury and it got ugly and there
were two films in particular. One was about the small-town girl who moves to
the big city to make it in show business and she gets robbed and all these
awful things happen and she almost turns around and goes home and
blah-blah-blah. In the end her play is a hit. And then the other one was about
the guy that gets out of prison. He is trying to go straight, but all the
people from his past are trying to pull him back into a life of crime. And the
jury wanted to give these films awards and you know, I admit they were well
made awards, but I had to keep saying we have seen these films like this. This
should not be an arts and crafts show. You know, these filmmakers have proven
they know the craft of filmmaking, but do they know the art of filmmaking. And
I really argued for an experimental film, an experimental feature and we had a
big compromise. All those films got awards that year, but I feel like, man, if
I had not been there that wonderful feature like the experimental film would
still- well, I was going to say, would still be unknown. It is still unknown,
but at least they have an award, you know on their website.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Tifanie</b>: Right. Okay. Thanks, Skizz, for that.[crosstalk] Go ahead,
Ryan. Go ahead.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: For me, it is just really about the storytelling. It is,
you know. I look at these things as like, it is a story I can tell around a
campfire and that is a comedy or that is a drama or that is- I do a lot where I
represent a lot of documentary directors in transitioning them into narrative.
And you know, what I look for even the docs, people like, I do not know,
Kim Snyder who just did as kids, that was in Sundance this year and Kim
with the Newtown documentary. You know, she makes me cry in her docs. She
inspires me. So it gets me moving or like, you know, these guys, they would
ever saw in Todd Hughes who did the Pierre Cardin documentary. I mean, it is
poppy and jumped off the screen and you just go, "Okay." Like these
guys could be doing narrative if they want women if they want to. I also
look for animation directors who I think can make the transition to live action
if they can tell a good story. It is really across every genre and if it moves
you, then that is the one that I am going to go, "That made me cry."
And I cry. I am a crier. So it has to be a really make me ball. Like there was
a movie in Toronto two years ago that when- Oh my God. I can not remember her
name. It was just a twenty one-year-old director. I cried for ten minutes
at that movie and I have been trying to sign that director ever since although
a punk. It was called Clara and it was a really unique idea about a guy who is-
he is a scientist. He is trying to kill himself, but then he discovers this
planet that did not exist before. And in doing so, he finds his muse, he finds
his love. I have never seen a story like that but it is a classic story. You
know, boy loses girl, boy trust and kill him, boy gets down in the dumps and
boy needs to find girl again. My screenwriting teacher told me, "There are
seven stories to tell. It is just how you tell them." And Skizz is right.
You know, when I hear about the redemption story of prison or like the person
moves out to Los Angeles and tries to get- like that movie has to be really
freaking good because I have seen that story. I read that story a zillion
times. But if there is a unique way to tell a love story with science fiction,
you know, or whatever like the script I just sold. It is the Parisian Get Out,
like with a Sci-Fi twist. Have not seen that. I was like, "Okay, I
can sell this and it is a blacklist script and now Ben Stiller is involved in
the whole thing. So it is the uniqueness. It is storytelling. It is character.
It is all about character in my opinion.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Thanks.
Okay, thanks Ryan. All right, so just a quick [inaudible]. Hi Steve. He just
wanted to make a comment for everybody, that the Sonoma International is doing
an online concurrent to their postponed Festival, which is July 30th, and they
will have drive-ins and outdoor social distance screening. So there we go,
Skizz. That that is definitely going to kind of make things a little bit
better. Yeah. And Martin. Hi Martin. I think we answered your
question about possible security. She just says apparently the film is from
South by Southwest for a week and it became a mess. Do you agree? I think we
just had talked about it earlier that it is just going to be have to be a
conversation with the distributor and find out how best to figure it out and I
am sure Southwest did not purposely do that and it is. It is all about
security, but I think that is always been a problem even when even
outside. of this pandemic. Does anybody else have an input on that?<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Okay, next one <u>Ylona. Where is the quality of the image
now if someone go online? Will it make even film to be shot on tablets? Ryan,
you had mentioned just the quality of films earlier-<o:p></o:p></u></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Oh, [inaudible] the entire movie on his iPhone. That seem
to do okay. I mean, I do not think it was his best work, but from a filmmaking
standpoint to be honest with you from a quality standpoint, it looked like a
sixteen millimeter or old thirty-five millimeter film, but it was the storytelling.
Here is where quality of looks in movies that you know are going to be
projected on the big screen that are giant action type projects. Like, you
know, JoJo rabbit is something you might want to see on a big screen. But do I
need to see- I think of some of the academy award-winning films or nominated
films that you do not need to see on a big screen. I think what it looks like
is important but what is more important is what it is that you are trying to
say. What is your story? You know, you can shoot something on your iPhone. You
can shoot something on a- you know, we used to shoot sixteen millimeter movies
and if it told a good story, you watched. I do not know. I do not think it
affects how it is that we watch movies. I look at what- Used Mouse Car is
an example. So you might know about this project. But it was a project that got
abandoned two weeks before production was supposed to start even though they
used some forty million into it. It was all being done in this unreal game
engine, the Epic. And so, up until that point was used as a gaming device or a
gaming way of visually putting games together. But the output of that- and this
is how you are going to previous movies with big action sequences or big visual
effects. The previous output is so good that it is broadcast quality. Now, is
it something we can show at the ArcLight on a giant screen? No, you are going
to have to treat it. But the output from this game engine now, it is broadcast
ready right out of the box. You know, so I do not think it is about the
visuals, much of this is about the story that you are telling.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Okay. Thanks. And I am going to do one more. Sorry for
those people that I did not get to. Henry, Roy, Hayek, hi there. Let us see if
Stacey take this one. This is from <u>Carlos</u>. l will read it out loud. <u>Cinemark
CEO does not foresee a return to normality its core of movie theaters before
2022. Another recent survey evaluated that less than thirty percent of frequent
moviegoers would consider going back to theaters to watch a movie before a
vaccine for covid-19 become available. OTT services are exploding in sales
and being film festivals such as an essential part of the film ecosystem. I
would like to ask if a merging process of both online and presidential events
should be highly incentivized by community turning this into a point of
evolution rather than a temporary alternative to film festivals all over the world?</u>
Woo! Okay go for, Stacey. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: That is a lot to think about. I mean, I know I have
seen many filmmakers. I know like Spike Lee on Instagram a week ago posted
something about you know, he was not going to go back to movie theaters until
there was a vaccine. I think that movie theater is obviously will not be full
until there is a vaccine or there is some solution. You know, again, I think
that disruption often changes things and sometimes changes things for the
better. So I think that we are going to come out of this. I do not know what it
is going to look like to have an experience where you go to the movies, but I
think people are going to want to go out or they going to want to go to, like
an Alamo Drafthouse tape movie theater because you can have dinner and a movie.
So it is more of an experience. Are you going to want to offer more things that
are kind of like film festivals where you invite participants, directors and
producers to do talks? Or do you have live music if the films about music? I
think people are just going to have to be inventive about how to get people out
of their homes experiencing cinema outside again. And I just know as a
filmmaker I have had movies that have been in in theaters and I have had movies
that have premiered on Netflix and all I want is for people to watch my movies
and talk about them and catalyze a conversation. So at the end of the day, it
is about creating great work and telling great stories and people will find
them, whether it is in theaters or at their home or some platform that we do
not even know about yet.<o:p></o:p></span></div>
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<b>Tifanie</b>: All right, great. And we have reached the end of this amazing
panel. I am sure we can talk about this for a lot longer but we probably need
to go back to you know, surfing the web and watching these amazing films that
are coming out online. So thank you Stacey, Ryan and Skizz. I really appreciate
your participation. And of course, we at Entertainment Law Partners are here to
help and answer any questions further based of this webinar or anything else.
You can find Entertainment Law Partners at Instagram, LinkedIn and
Twitter. Ryan, Stacy and Skizz, if you would like to give our audience a way
that they can find you. Just let us know here really quick.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Skizz</b>: </span><a href="http://www.skizz.net/"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">www.skizz.net</span></a><span style="font-family: "times new roman" , serif; font-size: 12.0pt;"> <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;"><br />
<b>Stacey</b>: I have a website, that is </span><a href="http://www.staceyreiss.com/"><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">www.staceyreiss.com</span></a><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Well, check the trade. You will be able to reach me to new
place hopefully next week. <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">[laughter]<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Okay, great.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Congrats. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Congrats. Yeah, everything is changing new. And one
other quick note, special thank you and much appreciation to my producer and
director and law clerk Kelmer Messina. Thank you so much, Kelmer. And just one
last note. I just want to take them all say that together we will make change
in our entertainment business. We have the biggest voices and obviously with
everything going on, we want to be positive and make sure that our influence
comes across in many other ways. So take care everybody. Be safe. Bye.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Stacey</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Thank you. <o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Tifanie</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Thank you everybody.<o:p></o:p></span></div>
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<b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">Ryan</span></b><span style="font-family: "times new roman" , serif; font-size: 12.0pt;">: Bye.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 12.0pt;">[end]<o:p></o:p></span></div>
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<div style="margin-bottom: .0001pt; margin-bottom: 0in; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt; text-align: justify;">
<b>COPYRIGHT; DISCLAIMER:</b>
Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate,
business and entertainment affairs. You may contact her at <a href="mailto:Asst@entlawpartners.com">Asst@entlawpartners.com</a>.<o:p></o:p></div>
<div style="margin-bottom: .0001pt; margin-bottom: 0in; margin-left: 0in; margin-right: 0in; margin-top: 12.0pt; text-align: justify;">
<span style="color: #333333;">Entertainment
Law Partners is a full-service Los Angeles and Miami area based entertainment,
business and corporate transactional law firm providing expert counsel in a
wide array of business transactions with a focus on corporate, business,
entertainment, media and technology industries. </span><o:p></o:p></div>
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<br />Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-43586902741256628212020-04-23T14:11:00.000-07:002020-04-23T14:11:13.164-07:00How To Make the Most out of the Inevitable Streaming War -Disney, COVID-19 and Digital Distribution<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="font-family: inherit; white-space: pre-wrap;">By: Tifanie Jodeh, Esq.</span></div>
<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="font-family: inherit; white-space: pre-wrap;">Kelmer Messina</span></div>
<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="font-family: inherit; text-align: justify; white-space: pre-wrap;">Fewer industries have been more affected by the current COVID-19 pandemic than the entertainment industry. With nearly every production shut down and movie theaters closed, now can be the time to adapt and become inventive. </span></div>
<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">For that reason, we are discussing the </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">digital distribution and streaming services and the future of content viewing in the wave of this pandemic.</span></div>
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<span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">While before the box office served a king and an online/streaming/on-demand exclusive release model as the last option for a lot of productions, it seems that for the immediate future, a “straight-to-stream” model will be a viable point of entry for producers and filmmakers. According to studies cited on </span><span style="font-family: inherit; font-style: italic; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Los Angeles Times’</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> recent “Coronavirus Entertainment” article, </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">“the average person is streaming eight hours of content each day</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">, double the number of hours from before the pandemic rapidly spread in the U.S.” and </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">“three in four people are using more streaming services </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">since the coronavirus came to the U.S.” [1]. Now, more than ever, is the best time to get into the streaming business. </span></div>
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<span style="font-family: inherit; text-align: justify; white-space: pre-wrap;">Media giants like Disney are desperately trying to make the best out of this situation by releasing content on their streaming platforms way ahead of schedule both to evoke the attention of the quarantined public and cut the losses of unsuccessful releases. </span></div>
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<span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Despite being extremely publicized, </span><span style="font-family: inherit; font-style: italic; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Frozen 2</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> and </span><span style="font-family: inherit; font-style: italic; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Onward</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">, both of these animated blockbusters had to be pulled from theaters into Disney+ because of the pandemic. Nonetheless this move has brought great numbers and success to the platform. Because of COVID-19, </span><span style="font-family: inherit; font-style: italic; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Onward </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">only recouped half of its $200M budget at the box office but through Disney+, Disney will likely be able to cut their losses. Currently, Disney+ has duplicated their number of subscribers in the last two months thanks to the success of these releases [2]. Currently, the upcoming </span><span style="font-family: inherit; font-style: italic; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Artemis Fowl</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> will now debut as a streaming exclusive instead of as a theatrical release and heavy rumors steer in the way of the same thing happening with the live-action adaptation of </span><span style="font-family: inherit; font-style: italic; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Mulan.</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> </span></div>
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<span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">This trend of releasing content early combined with the shut down of all productions and the upcoming release of HBO Max and NBC’s Peacock streaming services along with their strong catalogs will create an</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> unprecedented bidding war for new content </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">wherein all the players will compete to get each other out of business by having the most content and the most exclusives</span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">. </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Producers with content in development or in pre-production are well positioned to take advantage of this content demand and potentially put a huge amount of money in producer’s hands in the near future, while these streamers are preparing for the incoming production drought. </span></div>
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<span style="font-family: inherit; text-align: justify; white-space: pre-wrap;">Let us deal with these media giants’ aggressive negotiation tactics. We at Entertainment Law Partners’ have extensive industry and deal making experience. Take advantage of this drought and get the deal you deserve. </span></div>
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<span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">If you have questions concerning this topic, or other areas of entertainment law, please email us at </span><span style="font-family: inherit; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">Asst@entlawpartners.com.</span></div>
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<span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 700; text-decoration-skip-ink: none; text-decoration: underline; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: inherit;">COPYRIGHT & DISCLAIMER</span></span></div>
<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;">
<span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: inherit;">Tifanie Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at Asst@entlawpartners.com.</span></span></div>
<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt; text-align: justify;">
<span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: inherit;">Tifanie Jodeh grants column recipients permission to copy and distribute this column 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.</span></span></div>
<b style="font-weight: normal;"><span style="font-family: inherit;"><br /></span></b>
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<span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: inherit;">DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.</span></span></div>
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<span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: inherit;">[1] https://www.latimes.com/entertainment-arts/business/story/2020-04-14/coronavirus-more-people-sampling-streaming</span></span></div>
<span style="font-family: inherit;"><br /></span>
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<span style="background-color: transparent; color: black; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: inherit;">[2] https://www.theverge.com/2020/4/8/21214236/disney-plus-50-million-subscribers-international-europe-india-netflix</span></span></div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-90711628476684557802020-04-02T18:58:00.000-07:002020-04-02T18:58:19.815-07:00CARES Act-Forgivable Loan for Small Business Owners<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> BY: Tifanie Jodeh, Esq.</span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Kelmer Messina</span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"><br /></span>
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> The results of the COVID-19 virus has riddled our economy, most notably the entertainment business. It is a challenging time to be a business owner, we here at </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Entertainment Law Partners</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> are determined to assist in solutions to help you make the best out of this difficult time. In particular, information on the application and general process for the CARES Act’s Paycheck Protection Program.</span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> The Federal Government is in the process of implementing the Paycheck Protection Program, which will dispense nearly </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">$350 billion dollars </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">in forgivable loans through many lenders and financial institutions</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">, </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">assisting small businesses’ capability to pay their employees while simultaneously guaranteeing the job security of all their employees for an 8 week period.</span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;"> </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">As early as Friday, April 3 (this date is fluctuating at the time of this writing), you can apply via your financial institution.</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> Each financial institution will have their own documentation and application requirements. We have been in touch with several banks regarding their filing requirements. These loans will generally be dispensed on a first-come, first-serve basis, therefore, </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">it is to your benefit to apply as soon as possible.</span><br />
<span style="font-family: Arial; font-size: 11pt; text-align: justify; white-space: pre-wrap;"> To apply for this loan, your lender or financial institution will require you to prove (among other items) the following: </span><br />
<br />
<ul>
<li><span style="font-family: Arial; font-size: 11pt; text-align: justify; white-space: pre-wrap;">Your small business has less than 500 employees. </span><span style="font-family: Arial; font-size: 11pt; text-align: justify; white-space: pre-wrap;">Current economic uncertainty makes the loan necessary to support your ongoing operations.</span></li>
<li><span style="font-family: Arial; font-size: 11pt; white-space: pre-wrap;">The funds will be used to retain workers and maintain payroll or to make mortgage, lease, and utility payments. You will need to provide to the lender documentation that verifies these costs. </span><span style="font-family: Arial; font-size: 11pt; white-space: pre-wrap;">75% of the loan must be used for payroll costs (Not complying with this requirement could affect the loan’s forgiveness). </span></li>
<li><span style="font-family: Arial; font-size: 11pt; white-space: pre-wrap;">You have not and will not receive another loan under this program. </span></li>
<li><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">You will also need to provide your lender with any additional documentation they request (such as tax and payroll documents), which they will use to calculate an eligible loan amount, which could be the lesser of (i)</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;"> 2.5 times the business’s average total monthly payroll costs</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> during the prior on-year period prior to the loan being made multiplied by 2.5, plus the outstanding amount of an SBA disaster loan that was made between January 31, 2020, and the date that such loan is financed with a loan under the Act; or (ii) </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">$10 million. </span></li>
</ul>
<br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;"> Because this program makes no distinction between corporate entities like sole proprietorship, partnerships or LLCs, nearly any company can apply as long as they fulfill the conditions, even if they are independent contractors or seasonal workers. This makes it so that if you are an </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; vertical-align: baseline; white-space: pre-wrap;">actor, writer, director, producer or any other kind of Entertainment Industry professional</span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; vertical-align: baseline; white-space: pre-wrap;">, with a company and payroll eligible to apply for the loan. </span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> As previously mentioned, financial institutions are likely to require a vast amount of necessary documents to determine both your applicability and the size of the loan. Assembling the documentation required by this program will be time-consuming and in some cases difficult to put together. While you may be eligible, a faulty application could be catastrophic for your company if your loan gets delayed or denied because of documentation issues. We are currently in a time full of uncertainties, yet </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">you do not have to allow your business’s future to be uncertain.</span><br />
<span style="font-family: Arial; font-size: 11pt; text-align: justify; white-space: pre-wrap;"> Instead of allowing any minor mistakes to come in the way of your finances, we at Entertainment Law Partners are able to use our expertise to assist with your application ensuring the best possible presentation for consideration.</span><br />
<span style="font-family: Arial; font-size: 11pt; text-align: justify; white-space: pre-wrap;"> </span><br />
<span style="font-family: Arial; font-size: 11pt; text-align: justify; white-space: pre-wrap;">Have questions? Contact to discuss this loan as well as other state and local programs. </span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> </span><br />
<span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">Email us at </span><a href="mailto:Asst@entlawpartners.com" style="text-align: justify; text-decoration-line: none;"><span style="color: #1155cc; font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">Asst@entlawpartners.com</span></a><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;"> </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">or call </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">310-684-3666 </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; text-align: justify; vertical-align: baseline; white-space: pre-wrap;">to schedule a </span><span style="font-family: Arial; font-size: 11pt; font-variant-east-asian: normal; font-variant-numeric: normal; font-weight: 700; text-align: justify; text-decoration-line: underline; text-decoration-skip-ink: none; vertical-align: baseline; white-space: pre-wrap;">free initial consultation.</span><br />
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Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-66297600982187662082020-04-02T11:32:00.001-07:002020-04-02T11:34:52.743-07:00Will My Contract Survive this Pandemic?<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: inherit;">COVID-19 and Force
Majeure Clauses: Will My Contract Survive the Pandemic?<o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: inherit;">By: Tifanie Jodeh, Esq. </span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: inherit;">Kelmer Messina</span></div>
<span style="font-family: inherit;"><span style="line-height: 107%;"><br /></span>
<span style="line-height: 107%;"> When
any of us in the entertainment industry first heard about the ongoing Corona Virus
pandemic we could have never imagined that its spread would have such enormous
repercussions around the world, and, even less, imagined its impact could be
felt in such a short time. </span></span><br />
<span style="font-family: inherit; line-height: 107%;"> Now that productions
have ceased, artists, producers, and crew either deciding or being forced to
stop working, what can you do to protect your rights? Well, the secret to do
that might just lie on an often overlooked element of contract drafting: the
force majeure clause. </span><br />
<span style="font-family: inherit;"><span style="line-height: 107%;"> I</span><span style="line-height: 107%;">n principle, termination and </span><span style="line-height: 107%;">force majeure clauses have similar purposes: they both excuse the
performance of one or more parties’ responsibilities to a contract. Yet,
despite this similarity they are distinguished from each other because of one crucial
difference: invoking a termination clause is generally a result of the actions
of one parties while, </span><span style="line-height: 107%;">under
force majeure clauses, a party is excused because performance has become
impossible or unreasonably difficulty due to events beyond the control of the
parties. This implies that an intervening cause, such as the CoronaVirus
Pandemic, </span>could
potentially excuse parties from performing under a contract. </span><br />
<span style="font-family: inherit;"> Nonetheless, while the invocation of force majeure
is a possibility you should have in mind, it might not be applicable in every
situation arising under this pandemic. </span><br />
<span style="font-family: inherit;"> Call us to
review your agreements as it will be easier for us to help you make a
determination of the circumstances in lieu of having to spend thousands of
dollars in court to assert your position over any allegations of breach. </span><br />
<span style="font-family: inherit;"> While
certain events make explicit mention of superseding events such as “acts of
God”, war, or strikes in <span style="line-height: 107%;">the force majeure clauses in entertainment contracts, a great majority
of them fail to mention anything like the word “pandemics” or “public health
crises”. We need to answer this question: </span><span style="line-height: 107%;">will COVID-19 be a valid excuse for people to invoke
force majeure?<i> </i></span></span><br />
<span style="font-family: inherit; line-height: 107%;"> We need to look at some
clauses that might terminate the contract immediately, while some others might
just suspend it for a given time. Others might even require a party to
unilaterally determine if force majeure is applicable or not. Whatever the
case, make sure that, just like any other provision, the force <span style="line-height: 107%;">majeure clause is applicable to your needs. </span></span><br />
<span style="font-family: inherit; line-height: 107%;"><span style="line-height: 107%;"> Keep in mind, even if
COVID-19 has impaired the execution of certain contracts, </span><span style="line-height: 107%;">the force majeure clause will only excuse people
from performing their obligations if the impossibility arises as either a
direct result of the disease. This means that just because the force majeure
clause has been carefully delineated and is invoked during this difficult time,
it would not automatically be valid because it is invoked now. Put simply, a
writer or editor stuck at home because of COVID-19 is more than likely to be
able and expected to </span><span style="line-height: 107%;">keep
working unless he is directly affected by circumstances such as contracting the
disease or accessing the tools or resources he needs has become unreasonably
difficult or impossible. </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%;"><span style="line-height: 107%;"> I</span></span><span style="line-height: 107%;"><span style="line-height: 107%;">n conclusion, be prepared.
Let us examine your clause and try to distinguish any ulterior motives the
other party might have and assert your rights appropriately. After all, this is
a difficult time, but if you confide in Entertainment Law Partners’
industry experience, we promise you that we will make it so you can be as
informed as possible. </span></span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%;"><span style="line-height: 107%;"> I</span></span><span style="line-height: 107%;"><span style="line-height: 107%;">f you have questions </span></span>concerning this topic,
or other areas of entertainment, business or corporate law, please email us at <a href="mailto:Asst@entlawpartners.com">Asst@entlawpartners.com</a>. </span><br />
<span style="font-family: inherit;"><br />
COPYRIGHT & DISCLAIMER Tifanie Jodeh is Partner at
Entertainment Law Partners dedicated to corporate, business and entertainment
affairs. You may contact her at Asst@entlawpartners.com.</span><br />
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: inherit;">Tifanie Jodeh grants
column recipients permission to copy and distribute this column 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.</span></div>
<div class="MsoNormal" style="line-height: normal; margin-bottom: .0001pt; margin-bottom: 0in;">
<span style="font-family: inherit;">DISCLAIMER: Readers
should consult with a lawyer before solely relying on any information contained
herein.<o:p></o:p></span></div>
<span style="font-family: inherit; line-height: 107%;">
</span>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-32471136183417200112017-08-01T14:48:00.000-07:002017-08-01T14:48:01.695-07:00Show Me NO Money: Is Paying Zero for an Option Legal?<div align="center" style="margin-bottom: .0001pt; margin: 0in; text-align: center;">
<span style="font-family: inherit;"><br /></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-family: inherit;">By:</span></div>
<span style="font-family: inherit;">Tifanie Jodeh</span><br />
<span style="font-family: inherit;">Andrew Keyes</span><br />
<span style="font-family: inherit;">Heather Lanter</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">As entertainment business professionals, many
of you have probably entered into agreements without exchanging money. Many
producers option life rights or book rights without paying for the initial option.
Is this legal? YES!</span><br />
<span style="font-family: inherit; text-indent: 0.5in;"><br /></span>
<span style="font-family: inherit; text-indent: 0.5in;">The following hypothetical situation will help
you to understand why a contract where no money changes hands can be a valid
and binding agreement: </span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">Producer meets with well-known Model who wants
to create a film about her life story. Producer doesn’t have the money to pay
for Model’s life rights, but in lieu of money, the Producer agrees to shop her
life story to a film studio. Model and Producer enter into an option agreement.
Producer spends the next five months shopping Model’s life story to every
studio in town. In the meantime, Model speaks with Studio Executive, who also
wants to make the movie at his studio without Producer’s involvement. Model
prefers to work with Studio Executive instead. To get out of the option agreement
with Producer, Model argues that the agreement isn’t valid because she didn’t
get paid for the option. In legal terms, Model is arguing the option agreement
has no “consideration”. Is Model correct? The short answer is </span><i style="font-family: inherit;">NO</i><span style="font-family: inherit;">.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">Of all the elements required to make a contract
legally binding, consideration can be the most difficult to understand. In
simple terms, consideration is a bargained-for exchange of valuable promises
between the parties of a contract. It can take the form of physical items, such
as a puppy or a diamond ring. It can also be money or simply a promise to act. One
of the most famous cases illustrating consideration is </span><i style="font-family: inherit;">Hamer v. Sidway, </i><span style="font-family: inherit;">124
N.Y. 538, 27 N.E. 256 (1891), where an uncle agreed to give his nephew $5,000
on his 21st birthday if the nephew promised not to drink, smoke, swear, or
gamble. When the uncle died and the estate refused to give the nephew the
$5,000, the court held that the exchange of promises between the uncle and his
nephew was valid consideration. Therefore, the uncle’s estate had to pay the
nephew $5,000. This case shows that even a promise </span><i style="font-family: inherit;">not to do</i><span style="font-family: inherit;"> something
can be consideration. The most important aspect of consideration is that there
is bargaining between the parties.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">Returning to our hypothetical, the question is
whether there was valid consideration for the option agreement between Model
and Producer. What is Producer giving? He is giving his time, efforts,
expertise, and connections, which will be used to get the film into production.
What is Model giving? She is giving Producer the exclusive right to shop her
life story to film studios, which both parties hope will lead to a lucrative
blockbuster picture. Since Producer and Model are each giving and getting
something, there is valid consideration between them to make their option
agreement binding.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">Though we highly recommend that you put down money as
consideration for an option agreement, even as little as $100, know that a
promise to act will also make a good argument for consideration.</span><br />
<br />
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoFooter">
<span style="font-family: inherit;"><b><u>COPYRIGHT &
DISCLAIMER</u></b><u><o:p></o:p></u></span></div>
<div class="MsoFooter">
<br /></div>
<div class="MsoFooter">
<span style="font-family: inherit;">Tifanie Jodeh is Partner at Entertainment
Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at Asst@entlawpartners.com.<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in;">
</div>
<span style="font-family: inherit;">Tifanie Jodeh grants column recipients
permission to copy and distribute this column 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.</span><br />
<div style="margin-bottom: .0001pt; margin: 0in; text-indent: .5in;">
</div>
<div style="margin-bottom: .0001pt; margin: 0in;">
<span style="font-family: inherit;">DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.</span></div>
<div>
<span style="font-family: inherit;"><br /></span></div>
<div style="margin: 0in 0in 0.0001pt;">
</div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com1tag:blogger.com,1999:blog-7422955840872466119.post-19951727149687775622016-04-11T17:20:00.000-07:002016-04-11T17:30:41.109-07:00How to Register your Work- WGA vs. Copyright Office?<div style="background-attachment: initial; background-clip: initial; background-image: initial; background-origin: initial; background-position: initial; background-repeat: initial; background-size: initial; margin: 0in;">
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By: Tifanie Jodeh<o:p></o:p></div>
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<br /></div>
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Throughout my career, I have had the unfortunate experience
in receiving calls from writers, producers and directors informing me that
their work has been copied or used without their permission. My very
first question is to ask if the work had been registered. Almost <b><i>80%</i></b> respond
in the negative! That's not only damaging to your rights in protecting against
the unauthorized use, but it becomes very personal to the writer as the work is
his/hers’ “baby”. <o:p></o:p></div>
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<br /></div>
<div class="MsoNormal">
Do not let this happen to you! Let us help protect
your “baby”. <o:p></o:p></div>
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<br /></div>
<div class="MsoNormal">
Hence, I make a call to action for all of you writers,
producers and directors out there! You need to protect your scripts,
stageplays, novels, drawings, pitch presentations, poems, short stories, films,
sizzle reels, webisodes, treatments and the like! The expense in doing so
is far outweighed when compared to the realities of the options available to
you otherwise. <o:p></o:p></div>
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<br /></div>
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Our office offers fast, reliable, inexpensive and competent
registration services of your work. <a href="mailto:asst@entlawpartners.com" rel="nofollow" target="_blank"><span style="color: red;">Register your work today!</span></a><o:p></o:p></div>
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<br /></div>
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<b><u>FAQ:</u></b><o:p></o:p></div>
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<br /></div>
<div class="MsoNormal">
<b>Registration- WGA vs. Copyright Office?</b><o:p></o:p></div>
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Registering with the Writers Guild of America is useful
because it creates a public record of your claim to authorship. The
registration is simple and response time is faster than that of the Copyright
office. There are actually two separate guilds, the WGA west and WGA
east.<o:p></o:p></div>
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<br /></div>
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Is it better to register at one guild over the other?
The WGA east has a fee for non-members that is $2 more, but it keeps
registered work on file for 10 years as opposed to the 5 years you get with the
WGA west.<o:p></o:p></div>
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<br /></div>
<div class="MsoNormal">
Note, that the WGA registration is available for written
specimens only. In other words, you cannot register audio-visual works
such as a film, webisode or sizzle reel.<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Though WGA registration is less expensive, quick and
convenient, do not believe that it is a substitute for registering your work
with the U.S. Copyright Office. Plus, for those of you with audio-visual
works to protect (such as a sizzle reel, movie trailer or motion picture),
copyright registration is your only protection! <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Copyright registration offers additional benefits:</div>
<div class="MsoNormal">
<ol>
<li>Registration lasts for the life of the copyright; meaning
the author's life plus 70 years.</li>
<li>You can seek federal statutory damages and
reimbursement of legal fees rather than just "actual damages and
infringer's profits" that you might otherwise receive.</li>
<li>Your work is protected to the fullest extent of the law,
worldwide.</li>
<li>Proof of chain of title. Studios, distributors, sales
executives, producers and executive producers often require proof of copyright
registration before your project can be "greenlit" for production.</li>
<li>The rights will be able to pass to heirs in a will, living
trust or through intestacy.</li>
</ol>
</div>
<div class="MsoNormal">
<o:p></o:p></div>
<div class="MsoNormal">
<b>Is there a downside to registering with the Copyright
Office?</b> It costs more and it generally takes longer (approximately
four to six months) to receive the official certificate. The processing time is
somewhat negligible because the registration is time/date stamped at to when
the work was filed and, therefore, you can claim copyright registration
“pending” in the meantime. Copyright protection is deemed effective as of
that date.</div>
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<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<b>Should you register with both a WGA branch and the Copyright
Office?</b> There’s no need. I have had clients ask me to do both, which,
given that the fees involved are nominal there’s really no harm in additional
records of protection available to you. However, as between the WGA and
the Copyright office, I recommend 100% go the Copyright Office route. <o:p></o:p></div>
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<br /></div>
<div class="MsoNormal">
<b>Fees?</b> We help you bypass the complex and
expensive process of registering your work on your own. Our fees range
between $69-120 depending on the type of application. Additionally, filing fees
are $10 for WGA members at either guild, $20 for non-members at the WGA west,
$22 for non-members at the WGA east. As for the copyright office, a fee
is between $35-$85 (depending the type of work it is) will give you the
satisfaction of full governmental protection. I recommend having someone like
me, an entertainment attorney, oversee the application, as it can be
complicated depending on the work being registered. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<b>Notices?</b> If you register a script with the WGA, make
sure to state "WGA Registered" notice on the title page. Once
the certificate is received, Copyright notices consist of three parts, placed
in any order: the word "Copyright" or the copyright symbol, the
name(s) of the copyright owner, and the date the material was copyrighted
(created).<o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
When you register your work, you can be assured that your it
is properly protected to the fullest extent of the law. By using our
legal service, you’ll also benefit of our expertise in the entertainment
industry. <o:p></o:p></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<u>COPYRIGHT and DISCLAIMER:<o:p></o:p></u></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
Tifanie Jodeh is Partner at Entertainment Law Partners
dedicated to corporate, business and entertainment affairs. You may
contact her at Asst@entlawpartners.com.<o:p></o:p></div>
<div class="MsoNormal">
Tifanie Jodeh grants column recipients permission to copy
and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></div>
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<br /></div>
<div class="MsoNormal">
<br /></div>
<br />
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<br /></div>
</div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com5tag:blogger.com,1999:blog-7422955840872466119.post-60632364662876309742016-01-13T16:00:00.001-08:002016-01-13T17:06:50.079-08:00Tips on Negotiating Deals with Business Affairs Executives in TV and Film<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;">By: Tifanie Jodeh<br /><span style="line-height: 107%;"> </span><span style="line-height: 107%;">We have all had interactions with in-house business
affairs executives, or what we call “BA”.
Most business affairs executives are lawyers, but some are not. You are at the mercy of their work overload,
pressure to get deals done, dealing with many of us outside counsel and
producers who range in experience from novice to overly exuberant in their
negotiation tactics and deal flow. In order to
avoid being completely “zoned out” by BA or putting yourself at risk in getting
an immediate “NO!” to a requested deal point, you have to understand how and
when to work one issue over another.</span></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit; line-height: 107%;"><br /></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit; line-height: 107%;">A BA executive, more often than not, doesn’t care about practicing law. </span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">Instead, a BA executive is usually more
interested in making a deal and letting legal affairs deal with the heavy
lifting of legal contract drafting nuts and bolts.</span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">BA executives have the ability to make business
decisions, according to company policy, with the mission of getting the best
deal they can for their employer.</span><span style="font-family: inherit; line-height: 107%;">
</span><span style="font-family: inherit; line-height: 107%;">However, know that sometimes the best deal isn’t as important as getting
a deal done to the BA executive.</span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">So, tip # 1-
navigate and move according to the BA executive’s time preference in working a
deal, or, in other words, how he/she likes doing things and moving to the “beat
of their own drum”, not yours (so to say).</span><span style="font-family: inherit; line-height: 107%;">
</span><span style="font-family: inherit; line-height: 107%;">I do not to mean this to imply for you to lay down and not negotiate vigorously
on behalf of yourself or your client.</span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">I’m
simply suggesting to know that you are playing as a visiting team in the BA’s home
stadium. </span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit; line-height: 107%;"><br /></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit; line-height: 107%;">T</span><span style="font-family: inherit; line-height: 107%;">ip
# 2- I have found it very successful to call and introduce myself to the
BA executive on the outset of the deal (if I don’t know them already).</span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">This sets a friendly, professional and constructive
relationship to begin the deal making process.</span><span style="font-family: inherit; line-height: 107%;">
</span><span style="font-family: inherit; line-height: 107%;">I have received several compliments from BA executives when applying
this method.</span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">Most of the time, the BA
executive is simply given a directive from their employer to get a deal done
within certain parameters.</span><span style="font-family: inherit; line-height: 107%;"> </span><span style="font-family: inherit; line-height: 107%;">Our jobs, as talent/producer/EP
representatives, is to push the parameters while not breaking the deal or creating an
unhealthy rapport with the BA executive.</span><span style="font-family: inherit; line-height: 107%;"> </span><br />
<span style="font-family: inherit; line-height: 107%;"><br /></span>
<span style="font-family: inherit; line-height: 107%;">Tip #3- Getting to a “YES” is based on maintaining an open door
communication with the BA executive, being responsive and available on the BA’s
timeline and managing the BA’s expectations in a way to better gain support to
benefit your client.</span><span style="font-family: inherit; line-height: 107%;"> </span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit; line-height: 107%;"><br /></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit; line-height: 107%;">Here are some examples of what terms will be
negotiated with the BA executive:</span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;"><span style="font-stretch: normal; line-height: normal;">- </span></span><span style="line-height: 107%; text-indent: -0.25in;">Fixed
Compensation, including upfront fees and options fees.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Deferred
Compensation, including a statement about whether anyone else is eligible to
receive the same. </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Backend Compensation, including how that is defined and how it is paid. Be sure to find out if there is a CAMA. </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Term
of Services.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%; text-indent: -0.25in;">This may be number of days
an artist/producer will be on set to how many seasons a producer/executive producer will be locked for a
television series.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Credit,
including placement, how many episodes, paid advertising and treatment.</span></span><br />
<span style="font-family: inherit;"><span style="text-indent: -0.25in;"><span style="font-stretch: normal; line-height: 14.2667px;">- </span></span><span style="line-height: 107%; text-indent: -0.25in;">Creative/Business
controls.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Attachments.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%; text-indent: -0.25in;">Are there any other persons to be attached to
the project or is your client serving more than one position (i.e. client will
serve as writer and producer)?</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Renewals
of options (TV/New Media).</span></span><br />
<span style="font-family: inherit;"><span style="text-indent: -0.25in;"><span style="font-stretch: normal; line-height: 14.2667px;">- </span></span><span style="line-height: 107%; text-indent: -0.25in;">Spinoff/Derivative
Rights.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Reversion.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%; text-indent: -0.25in;">What happens to the project if it’s never
produced?</span><span style="line-height: 107%; text-indent: -0.25in;"> </span></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;"><b><span style="line-height: 107%;"><br /></span></b></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;"><b><span style="line-height: 107%;">Other Consideration to the Deal: </span></b><span style="line-height: 107%;">With
regard to compensation, when negotiating with BA, you should have the following
pieces of information at hand, which may give you more leverage when negotiating
for your client:</span><span style="line-height: 107%;"> </span></span><br />
<span style="font-family: inherit;"><span style="text-indent: -0.25in;">- </span><span style="line-height: 107%; text-indent: -0.25in;">Prior
quotes.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Credits.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Success
of past projects.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Control.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%; text-indent: -0.25in;">Creative vs. Business.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span></span><br />
<span style="font-family: inherit;"><span style="text-indent: -0.25in;"><span style="font-stretch: normal; line-height: 14.2667px;">- </span></span><span style="line-height: 107%; text-indent: -0.25in;">Timeframe.
Consider the timing of your deal vs. television pilots selling time period almost over.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Leverage
of the artist’s representation and/or the relationship between the talent and
the producers.</span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">- Be
creative in negotiating several different ways to get compensation.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%; text-indent: -0.25in;">The types of compensation that are available
include up-front monies, such as salaries; use fees, including a series sales
bonus, pick up bonuses, use fees, options, royalties, or residuals; and
back-end payments, such as contingent compensation.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;"><br /></span></span>
<span style="font-family: inherit;"><span style="line-height: 107%; text-indent: -0.25in;">Tip #4- Back end participation (sometimes referred
to a contingent compensation) can mean nothing or as much as hitting the
lotto.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%; text-indent: -0.25in;">Some of the most heated
negotiations I have been involved in surround defining “Net Proceeds”; be sure
to be diligent in clarifying how that definition will apply to my client.</span><span style="line-height: 107%; text-indent: -0.25in;"> </span><span style="line-height: 107%;"> </span></span><br />
<span style="font-family: inherit;"><span style="line-height: 107%;"><br /></span></span>
<span style="font-family: inherit;"><span style="line-height: 107%;">Once
you are done with the BA executive, you will most likely then be pawned off to
the next department, which is Legal Affairs.
There, you will be working with another person, most likely an attorney
at the company, where you will get into the long form contractual negotiations. Long form contracts are an entirely different
subject and will be covered in a future article. </span></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;"><b><u><br /></u></b></span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;"><b><u>COPYRIGHT &
DISCLAIMER</u></b><br />Tifanie Jodeh is Partner
at Entertainment Law Partners dedicated to corporate, business and
entertainment affairs. You may contact her at
Asst@entlawpartners.com.</span></div>
<div style="margin-left: 0in; mso-add-space: auto;">
<span style="font-family: inherit;">Tifanie Jodeh grants
column recipients permission to copy and distribute this column 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.<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<br /><br /><span style="line-height: 107%;"> </span></span></div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-22724054626693198052015-08-28T17:28:00.000-07:002015-08-28T17:33:06.460-07:00Clear It or Ditch It!<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">BY: Tifanie Jodeh<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">The script, all script
revisions, and every item to be used as a prop and/or set dressing must be
cleared. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;"><b>Rule of thumb: You
either clear it or ditch it!</b> This rule of thumb should be applied to each and every
clearance issue and item under review for use in a film. It's best (and
cheaper) to do this BEFORE you start shooting. If you aren't able to get
it cleared, then you know not to use it.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;">I recently conducted
clearance review on a film (already shot) and identified for the producers some
items which had clearance exposure and risk. One particular troublesome
issue was the use of a major airline's webpage in a scene. The use of the
website was a key point in the scene. While I was successful in obtaining
permission for the use, it took approximately 1 month to get all the required
approval from the airline and a volume of correspondence regarding the use of
the airline's logo in the scene and in the film. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">“Clear” means: for
script elements (discussed below) that, following legal review and research,
that there are no legal issues, or in the case of other items (as discussed
below), that proper written authorization has been obtained for the use. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">Below, find a list and
examples of the most commonly items cleared in a film:<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"><br />
<b>Literary Works:</b> Literary works, which include books, short
stories, film, television programs, art work, fine art, still photos, among
other things, must be licensed. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"><b>The Script:</b> All drafts of the script and any material
revisions needs to be researched by a professional script clearance company and
reviewed by your attorney who will provide recommendations for changes to the
script in order to avoid exposure. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"><b>News and/or Stock
Footage:</b> News
organizations can license the footage that they have shot at press conferences
to other entities. But, any people who appear in the shot, for example a
news anchor, will have to be separately cleared. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"><b>Locations, Buildings, and
Installations:</b> Examples
Include: Parks, cemeteries, office buildings, promenades, and homes.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in; mso-line-height-alt: 13.5pt;">
<span style="font-family: inherit;"><b>Photographs: </b>Still photos fall into several categories:<a href="https://www.blogger.com/null" name="B1"></a> These include: Publicity Photos<b> </b>(photos
for publicity in a film); <a href="https://www.blogger.com/null" name="B2"></a>Production Stills<b> </b>(photos
taken on behalf of the production on the set of the motion picture or TV)<a href="https://www.blogger.com/null" name="B3"></a>; Film Posters; <a href="https://www.blogger.com/null" name="B4"></a>Paparazzi Photos; <a href="https://www.blogger.com/null" name="B5"></a>and Magazine Covers, Website Front Pages, Book Covers<b> </b>involve
three layers of clearance: 1) the magazine, 2) the photographer who took the
photo and 3) the person who appears in the photo.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: .0001pt; margin-bottom: 0in; mso-line-height-alt: 13.5pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"><b>Music:</b> Hire a good music supervisor! No
on-camera use of music in any form (including humming, whistling, reciting of
lyrics in dialogue or otherwise) can be used unless it has been cleared. To
the extent non-original music is used, the music supervisor or whomever may be
required to obtain two forms of licenses: Synchronization license
and Master use license. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;"><b>Apparel/Products/Logos: </b>Featuring a product, service logo or trademark
(a Nike logo on a shirt) must generally be cleared. If a product has
not been cleared, then caution must be exercised as to how it is used in the
film, it cannot be featured or used or referred to in a derogatory
manner. Items such as groceries (Coolwhip), candy (Willy Wonka),
chips (Doritos), drinks (Red Bull), health (Advil) and beauty products
(Maybelline) should be cleared or created as something original by the props
department. <o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;"><b>Props/Production Design:</b> Examples include: Publications
(magazines, newspapers, book, articles); Paintings and Fine Art; Posters,
Record Covers and CD Covers; Graffiti and Tattoos; Games, Weapons, Vehicles and
Toys; Logos and Trademarks.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;"><b>Motion Picture/Television
Clips:</b> It is
recommended that any excerpt from a feature film or television show must be
licenses from the copyright holder and an agreement negotiated for payment for
use of the clips(s). Note here that special consideration must also be
taken for SAG/AFTRA and/or DGA reuse rights of any actor appearing in the clip.
<o:p></o:p></span></div>
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<span style="font-family: inherit;"> </span><b style="font-family: inherit;">Youtube/Online
Clips/URLs/Websites:</b><span style="font-family: inherit;"> It is a
misconception that because these online sites are public, that the content is
open and free to use. In fact, this is not true and permission should be
obtained. </span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt; text-align: left;">
<span style="font-family: inherit;">Contact our office with
any questions or production legal needs you may have. We are available
for phone consultations by appointment. Contact us at
asst@entlawpartners.com<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit; font-size: x-small;"><b><u>COPYRIGHT & DISCLAIMER</u></b><o:p></o:p></span></div>
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<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit; font-size: x-small;">Tifanie Jodeh is Partner
at Entertainment Law Partners dedicated to corporate, business and
entertainment affairs. You may contact her at
Asst@entlawpartners.com.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit; font-size: x-small;">Tifanie Jodeh grants
column recipients permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span></div>
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Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.comtag:blogger.com,1999:blog-7422955840872466119.post-5133587130910609792015-04-30T14:57:00.000-07:002015-04-30T14:57:25.856-07:00Raise money under the SEC's New Regulation A+<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">All the things you can do to raise money under the SEC’s New
Regulation A+ since the SEC extended an exemption policy for smaller
issues as required under Title IV of the Jumpstart our Business Startups
("JOBS Act").<o:p></o:p></span></div>
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<br /></div>
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<span style="font-family: inherit;">Highlights:<o:p></o:p></span></div>
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<span style="font-family: inherit;">1. General Advertising and Solicitation Allowed
(including internet and social media)<o:p></o:p></span></div>
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<span style="font-family: inherit;">2. Raise up to $50 million<o:p></o:p></span></div>
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<span style="font-family: inherit;">3. All investors whether accredited or unaccredited<o:p></o:p></span></div>
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<span style="font-family: inherit;">4. No requirement to verify investor status<o:p></o:p></span></div>
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<span style="font-family: inherit;">5. No limit on amount of investors<o:p></o:p></span></div>
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<span style="font-family: inherit;">6. Easier SEC registration process (Tier I)<o:p></o:p></span></div>
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<span style="font-family: inherit;">7. Avoid State Blue Sky Filing requirements (Tier II)<o:p></o:p></span></div>
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<span style="font-family: inherit;">On March 25, 2015, the SEC adopted final rules implementing
Title IV of the “Jumpstart Our Business Startups Act” (the “JOBS Act”) by
amending SEC Regulation A to make two new exemptions for securities offerings
by private U.S. and Canadian companies, which is now known as Regulation A+.<o:p></o:p></span></div>
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<span style="font-family: inherit;"><br /></span></div>
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<span style="font-family: inherit;">The SEC released a statement that:</span></div>
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<span style="font-family: inherit;">"The updated exemption will enable smaller companies to offer and sell up to $50 million of securities in a 12-month period, subject to eligibility, disclosure and reporting requirements."</span></div>
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<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">These exempt offerings are referred to as Tier 1, for offerings of up to $20 million annually, and Tier 2, for offerings of up to $50 million annually. </span></div>
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<span style="font-family: inherit;"><br /></span></div>
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<span style="font-family: inherit;">Tier 1, which would consist of securities offerings of up to $20 million in a 12-month period, with not more than $6 million in offer by selling security-holders that are affiliates of the company issuer. The increase in the offering maximum amount from $5 million to $20 million could make capital raises under this alternative more attractive to a number of companies in need of capital as the cost of preparing an offering memorandum can be a smaller amount to that of the offering size. </span></div>
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<span style="font-family: inherit;"><br /></span></div>
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<span style="font-family: inherit;">Tier 2, which would consist of securities offering of up to $50 million in a 12-month period, with not more than $15 million in offer by selling security-holders that are affiliates of the issuer. The new Tier 2 creates a form of "mini-public offering" with a number of reporting requirement that resemble those of a normal full fledged offering, for example, two years of audited financial statements and the new periodic and current reporting requirements.</span></div>
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<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">The rules limit the amount of securities that can be sold
by selling shareholder at the time of the company issuance of its first
Regulation A+ offering and during the 12 months following to no more than 30%
of the total offering price of any instance of that offering. The registration
process is done online via the SEC’s program called EDGAR. Tier 2 offerings are
exempt from state blue sky laws and Tier 1 offerings are not exempt.</span></div>
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<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">The new SEC regulations are complex and often
technical. The foregoing article should not be taken as legal advice
or presupposes that all of the information is included with respect to any
particular company’s or individual’s circumstances. <o:p></o:p></span></div>
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<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit; font-size: x-small;"><b><u>COPYRIGHT & DISCLAIMER</u></b><o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit; font-size: x-small;">Tifanie Jodeh is Partner at Entertainment Law Partners
dedicated to corporate, business and entertainment affairs. Tifanie
Jodeh grants column recipients permission to copy and distribute this column
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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span></div>
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Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-72622487356936637892014-07-21T13:18:00.000-07:002014-07-21T13:18:12.117-07:00Weak Link in your Chain of Title?<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">To begin, a “chain of title” means a group of
documents that proves you have the rights and ownership in your film, TV show,
webisode, etc. You must prove you own
your project in order to satisfy due diligence requirements by investors, distributors,
financiers, banks, etc. As the your
project is being produced, it is very likely you are tempted to rely on email exchanges
or make handshake deals, which you believe gives you the rights to produce,
finance, own and sell your project.
However, this is what I term "the weak link" in any chain of
title. As a producer, you must be over
cautious is making sure the rights you gain are properly documented. In this way, you demonstrate your
professional, organizational and technical skills as a producer at the onset
rather than having to go back and retrace your steps to find the "weak
link" in your chain of title. Depending
on the scope of your project, you may need only a few documents or as much as a
few binders. You should know that each
document must lead to the next one in the chain so as to make sure there is no
gap in the rights flowing from each person and eventually leading to you. <o:p></o:p></span></div>
<div style="box-sizing: border-box; margin: 0in 0in 0.0001pt; outline: 0px; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">If you can prove a proper chain of title, you will
have satisfied one of the main requirements by any distributor, financier,
bank, etc. Why? By securing a chain of title, you can legally
prove you are the owner and, thereby, avoiding a lawsuit alleging that you did
not have the proper rights. Chain of
title is, sometimes, an afterthought to some inexperienced producers. These producers discover chain of title
requirements at the time they enter into distribution discussions for their
project. Distributors will deliver to
Producers what's known as a "Delivery Schedule", which lists, amongst
other things, required legal documents to be delivered. Here is a list of some examples of documents
you may need to have in your chain of title:<o:p></o:p></span></div>
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<span style="font-family: inherit;">1. Copyright
registration certificates for underlying material<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">2. Life Rights<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">3. Writer Agreements<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">4. Work for
Hire Agreements<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">5. Producer
agreements <o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">6. Option Agreements<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">7. Extension Agreements<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">8. Quitclaims<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">9. Certificates of Authorship<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">10. Life Rights<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">11. Copyright search<o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">12. Script clearance<o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<br /></div>
<div style="margin-bottom: .0001pt; margin: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">One of the main
documents a Producer will need to deliver to a distributor is Errors &
Omissions (E&O) insurance. This is required
prior to any distributor buying your film.
E&O insurance will require you, amongst other things, to list and
provide copies of such things as like chain of title documents, title
clearance, copyrights, and script clearance.
E&O will help to protect and indemnify you from lawsuits filed
against you or the project for such claims as intellectual property
infringement, defamation, libel, slander, name and likeness, etc. <o:p></o:p></span></div>
<div style="margin-bottom: .0001pt; margin: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<br /></div>
<div style="box-sizing: border-box; margin: 0in 0in 4.75pt; outline: 0px; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;"> I am often asked, while performing production
legal services for my Producer and Production company clients, to provide a
list of documents needed for chain of title.
The type and number of documents varies depending on numerous factors,
which includes the source of materials (i.e. is it from a book or original
screenplay) to deciphering whom contractually on the production holds approval
rights over materials, production, concept and writing services. The most basic premise is: remember get
written permission for any and all rights from EVERYONE working on your project
so you can claim 100% ownership in your project. The chain of title has to start with the very
first work where your project idea originated, then work down the chain from
that point. For example, say you want to have a screenplay
written based on a book. You must
acquire rights or permission to create a film based on the book from the book's
author. Then, you will most likely
engage a screenwriter to write the script.
You will need to obtain the rights for the screenplay as well. So far, the document count in your chain of
title is 2. Next, say, you have a
director who wishes to have one of his employee's perform a few changes to the
script. You need to obtain the rights from
your director's employee as well. That
makes 3 documents in your chain... and so on.
Also, the screenplay must have documentation proving it has been
registered with the U.S. Copyright Office.
Later, eventually, you will have to obtain documentation that your
actual final project is also registered with the U.S. Copyright Office. <o:p></o:p></span></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;">So, as I said at the onset of this article, avoid weak
links in your chain of title! In order
to preserve your chances of selling your project and protect against potential
legal claims, then it is best and most important for Producers to engage a
proper lawyer to navigate and manage your production legal and the chain of
title. <o:p></o:p></span></div>
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<br /></div>
<div style="margin-bottom: 4.75pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; mso-line-height-alt: 10.95pt; text-align: justify; vertical-align: baseline;">
<span style="font-family: inherit;"> </span><b><u><span style="font-size: 8.0pt;">COPYRIGHT &
DISCLAIMER</span></u></b></div>
<div class="MsoFooter">
<br /></div>
<div class="MsoFooter">
<span style="font-size: 8.0pt;">Tifanie Jodeh is Partner at Entertainment
Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at Asst@entlawpartners.com.<o:p></o:p></span></div>
<span style="font-size: 8.0pt;">Tifanie Jodeh grants column recipients
permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span><br />
<br />
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Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-27197360728134641952014-05-06T10:54:00.000-07:002014-05-06T10:56:17.200-07:00Endorsement Deals- What is a Morals clause?<div class="MsoNormal" style="background-color: white; background-position: initial initial; background-repeat: initial initial; margin-bottom: 0.0001pt;">
<span style="color: #444444;"><span style="font-family: inherit;">It is an ongoing newsworthy story when scandals relating to stars, such as Paula Deen, Lance Armstrong, and
Tiger Woods, who make high amounts of money in endorsement deals simply by being
public figures, are ripped away from their endorsement deals in the blink of an
eye. Many of you may wonder how it is so easy for product placement companies to
legally bid "adieu" to endorsement deals with their celebrities. <o:p></o:p></span></span></div>
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<br /></div>
<div class="MsoNormal" style="background-color: white; background-position: initial initial; background-repeat: initial initial; margin-bottom: 0.0001pt;">
<span style="color: #444444;"><span style="font-family: inherit;">Endorsement agreements
between companies (such as Walmart, Macy's, Verizon, and Nike) and
celebrities can be high profit, high volume business ventures. These companies rely on the persona and high
profile image of their endorsers to positively attract attention to their products. This could be either endorsements of a
particular product, say, Taylor Swift for Diet Coke, or for an entire company such
as Adam Levine for Proactiv. <o:p></o:p></span></span></div>
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<span style="color: #444444;"><span style="font-family: inherit;">One of the most
important tools for any company to have is the ability to protect their brands
and intellectual property. In order to
achieve this protection, companies include very specific clauses in any endorsement
contract which are intended to give companies the ability to terminate the
endorsement and even possibly recoup payments previously rendered to
the celebrities. Morality clauses are
deeply negotiated because, on one hand, the celebrity wants as much specificity as possible when
having their behavior judged while companies want to judge and interpret the contract in a fluid, sole
discretion manner. A well drafted morals
clause clearly delineates the standards of conduct and what the repercussions will
be if the endorser's actions are out of line.
Clear trigger points and adherence to the company's code of conduct
and/or company policy is a good starting point to drafting the morals clause
in an endorsement contract. <o:p></o:p></span></span></div>
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<br /></div>
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<span style="color: #444444;"><span style="font-family: inherit;">What happens if a
company feels that their celebrity endorser breached the morality clause? A company's course of action not only affects
its current business but its societal position. After evaluating the
violations that took place, it is up to the company to decipher termination vs. reaction from the public.
It could be as small as doing nothing and letting the incident die off
to as much as making a public statement against the celebrity and terminate the
agreement. <o:p></o:p></span></span></div>
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<span style="color: #444444;"><span style="font-family: inherit;">An entertainment
attorney can play a crucial part in the negotiation and administration of a deal. The deal making process needs to be understood
by knowing what the company needs from an endorser and having a practical handle
on what a celebrity can deliver. </span></span></div>
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<span style="color: #444444;"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal" style="background-color: white; background-position: initial initial; background-repeat: initial initial; margin-bottom: 0.0001pt;">
<span style="color: #444444;"><span style="font-family: inherit;">Marketing is an integral piece of both a celebrity and company's
success. It is in the interests of both
parties to maximize their brands and add value in order to gain a high presence in public commerce. Neither party wishes to have the morality
clause triggered, but if it does, the clause should be specific, clear and
encompass the company's best business practices and protect the celebrity's
persona. <o:p></o:p></span></span></div>
<div class="MsoFooter">
<br /></div>
<div class="MsoFooter">
<span style="font-family: inherit;"><b><u>COPYRIGHT
and DISCLAIMER</u></b><u><o:p></o:p></u></span></div>
<div class="MsoFooter">
<br /></div>
<div class="MsoFooter">
<span style="font-family: inherit;">Tifanie
Jodeh is Partner at Entertainment Law Partners dedicated to corporate, business
and entertainment affairs. You may
contact her at asst@entlawpartners.com.<o:p></o:p></span></div>
<div style="margin: 0in 0in 0.0001pt;">
<span style="font-family: inherit;">Tifanie Jodeh grants
column recipients permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="background-color: white; background-position: initial initial; background-repeat: initial initial; margin-bottom: 0.0001pt;">
<br /></div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-85887258899267075482013-11-04T09:02:00.000-08:002013-11-04T09:04:09.406-08:00When is it OK to Use Copyrighted Materials Without Obtaining Permission<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">By: Tifanie Jodeh</span></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><span style="line-height: 115%;">Copyright is protective of works such as
photographs, music compositions, films, sculptures, news articles and
paintings. </span><span style="line-height: 115%;">These forms of creative,
expressive media are protected as any “original work of authorship fixed in any
tangible medium of expression.” (Under the Copyright Act)</span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">Many content creators are confused about the fair
use doctrine and whether they need permission to borrow from the owners of
copyrighted works. “Fair use” allows conditions under which content creators can
use material that is copyrighted by someone else without paying royalties or
needing to obtain a license. It gives
the public a limited right to draw upon copyrighted works to produce separate
works of authorship. Such examples of uses include news, fair comment and
criticism, parody, reporting, teaching, scholarship and research. Filmmakers,
artists and writers benefit from the fact that the copyright law does not
exactly specify how to apply fair use.
Creative needs are considered and whether the use is “fair” according to
a “rule of reason”. <o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">Courts employ a four part test (set out in the
Copyright Act) and ask two key questions:</span></span></div>
<div class="MsoNormal" style="text-indent: 0px;">
<span style="line-height: 115%; text-indent: -0.25in;"><span style="font-family: inherit;">1. Did the unlicensed use “transform” the
material taken from the copyrighted work by using it for a different purpose
than the original, or did it just repeat the work for the same intent and value
as the original. </span></span></div>
<div class="MsoNormal" style="text-indent: 0px;">
<span style="line-height: 115%; text-indent: -0.25in;"><span style="font-family: inherit;">2. Was
the amount and nature of material taken appropriate in light of the nature of
the copyrighted work and of the use. </span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">If the answer to both questions is in the
affirmative, a court is likely to find a fair use. <o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">For
example, if a reporter quotes a paragraph from an article you wrote online and that
reporter compares your opinion with that of other commentators, this is likely
permitted by the fair use doctrine without
the need to obtain your permission.<o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">Be sure to
keep in mind that fair use is a very fact-sensitive defense to a copyright
claim. It is sometimes difficult for
producers, writers and content creators to determine beforehand whether a
particular use is in fact a fair use. For this reason, it is a good idea to seek
out a license before engaging in a use that might be a "maybe" fair
use. <o:p></o:p></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;"><br /></span></span></div>
<div class="MsoNormal">
<span style="line-height: 115%;"><span style="font-family: inherit;">For more information, visit the copyright office at <a href="http://www.copyright.gov/">http://www.copyright.gov/</a><o:p></o:p></span></span></div>
<div class="MsoFooter">
<span style="font-family: inherit;"><b><u><br /></u></b></span></div>
<div class="MsoFooter">
<span style="font-family: inherit;"><b><u>COPYRIGHT &
DISCLAIMER</u></b></span></div>
<div class="MsoFooter">
<span style="font-size: x-small;"><span style="font-family: inherit;">Tifanie Jodeh is Partner at Entertainment
Law Partners </span><span style="font-family: inherit;">dedicated to corporate,
business and entertainment affairs.</span><span style="font-family: inherit;"> </span><span style="font-family: inherit;">You
may contact her at Asst@entlawpartners.com.</span></span></div>
<span style="line-height: 115%;"><span style="font-family: inherit; font-size: x-small;">Tifanie
Jodeh grants column recipients permission to copy and distribute this column
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.</span>
<!--[if !supportLineBreakNewLine]--><br />
<!--[endif]--></span>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-83230056060826424852013-08-26T12:26:00.001-07:002013-08-26T12:37:11.565-07:00The Missing Piece of the Jigsaw. <div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<b><span style="font-family: inherit;">Tax
relief launched in the UK for high-end TV and animation, is being hailed as
“one of the biggest opportunities we’ve had in a generation”. Clive Bull
reports</span></b></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<b><span style="font-family: inherit;"><br /></span></b></div>
<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhNv51ecbfhxvpROtiGftT5kKw8rp_kCbgoBXILk5XceHEQ6flJIMpMskgKmwtV3vuG2iMrC9SsCaH_vLj3CHsCklvKd-nAkAJzUzqwPx7xHsrcAhxd_jwvjUVt1aWhwo93NzG_W6EwZ-qO/s1600/Game+Of+Thrones+Pic.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><span style="font-family: inherit;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhNv51ecbfhxvpROtiGftT5kKw8rp_kCbgoBXILk5XceHEQ6flJIMpMskgKmwtV3vuG2iMrC9SsCaH_vLj3CHsCklvKd-nAkAJzUzqwPx7xHsrcAhxd_jwvjUVt1aWhwo93NzG_W6EwZ-qO/s1600/Game+Of+Thrones+Pic.jpg" height="163" width="320" /></span></a></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<b><span style="font-family: inherit;"><br /></span></b></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">The UK’s already robust
film and television production sector is experiencing another uplift thanks to
recently launched Creative Sector Tax Reliefs announced for high-end television
and animation, with a games incentive pending EC Sate Aid Approval. The schemes
include provision for tax relief on television productions where the budget
exceeds £1m per broadcast hour, amounting to a 25% rebate on qualifying
production spend within the UK, capped at 80% of the budget. To a large extend,
the new television incentive is based on the existing Film Tax Relief (FTR),
which is credited with bringing numerous major productions to the UK. As with
the FTR, there is a points-based cultural test to establish whether the
production qualifies as British.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> “The Film Tax Relief, since it was launched in its
present form in 2007, has been a great success,” Adrian Wootton, chief
executive of the British Film Commission and Film London, says. “It’s attracted
an awful lot of inward investment, which has allowed the British film industry
to invest and expand.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> But while film companies were finding the UK an
attractive proposition both in terms of facilities available and the financial
incentives, there was a growing feeling the large-scale television productions,
particularly from the US, were not being offered the same competitive edge.
That case was conveyed by the industry to the UK government and the result was
the announcement of a tax relief in April 2012 which already appears to be
attracting ambitious drama projects that might previously have had to look
elsewhere.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> Wootton says a lot of creative decision-making informs
television companies’ choice of location, unless that choice is ruled out on
the ground of finance. Companies like HBO, he adds, were insisting that they wanted
to come to the UK but needed the level playing field that a competitive
incentive affords in order to make that choice. “They said, ‘We’re spending
billions of dollars worldwide and where’s the one place we want to shoot and we
can’t? It’s in the UK. So give us the reason to do it. We know what you can
deliver and we’d rather make it with you if we could.’”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> It’s clear that the financial incentive is not the only
motivation behind productions preferring to be based in the UK. “Think about
the concentration of facilities that we have, the quality of the crews, the
amount of investment we have made in training, the time zones – and also the
language factor is not an inconsiderable one,” Wootton says. “There’s a whole
multiplicity of factors and what we needed was the missing piece in the jigsaw
puzzle. We’ve got that missing piece now and I think we’ve got a really
competitive and exciting offer that people will want to grab.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> The worldwide shift towards high-end serial drama is
another significant factor behind the new incentive, as terrestrial
broadcasters, along with cable, satellite and online players, seeking to give
themselves an audience USP, move increasingly towards more lavish shows with
higher production values.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> Richard Williams, chief executive of Northern Ireland
Screen, cites HBO’s Game Of Thrones as a case in point. “It is the perfect
example,” he says. “I think our being able to articulate what the value of Game
Of Thrones was to the development of the sector here, and its value to the economy,
was one of a number of very significant arguments that led to the tax
incentive.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> The HBO epic fantasy series is now confirmed as shooting
for a fourth season in Northern Ireland. Williams says help from the Northern
Ireland Assembly in funding the pilot was the clincher: “We provided the same
level of incentive for the pilot that we did for the first season, on the logic
that if you don’t get the pilot, you can’t get the series. So that was a bit of
a risk, but it paid off for us. And that is one of the important pieces of the
legislation – that the incentive needs to be available to pilots, because for a
lot of the broadcasters that’s still the way they do it. Game Of Thrones
wouldn’t have happened in Northern Ireland if the pilot hadn’t happened in Northern
Ireland.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> John McVay, chief executive of Pact, which represents UK
independent content, was on the Treasury working group that advised government
on the structure of the new tax relief. He agrees that high-end series will be
attracted to the UK by the scheme. “If you look at the strategies of a lot of
the US networks that produce high-cost drama, they are looking to try and find
ways to finance that,” he says. “They look around the globe for co-production
partners, co-financing and incentives, because the TV industry has gone global
very quickly. So the UK is well placed to be a hub for that type of production
internationally. But also it’s a great opportunity for us, because we have very
high-quality international producers based in the UK. Having an incentive in
your pocket when you go out into the market is very, very helpful.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> McVay says the Starz/BBC Worldwide production Da Vinci’s
Demons, shot in South Wales with the help of the Welsh government, is another
example of the kind of high-quality drama already shooting in the UK. “They
started that without incentives and I’m quite sure those shorts of channels and
producers will be looking at the UK with even more interest now that we have an
incentive,” he says. “People like to work in the UK because we offer very high
quality, have a very can-do attitude, and the people are generally welcoming to
production. We have very good technical skills, and very good post-production
and CGI – that’s been the rationale for so many US feature films to come here.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> Already prompting widespread interest from around the
world, Wootton says the initiative will bring inward investment from big
international dramas, co-productions with UK companies, and domestic drama that
was previously going offshore.<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;"> “I think it’s one of the biggest opportunities we’ve had
in a generation,” Wootton adds. “This is a brand new opportunity and,
certainly, if the volume of enquiries and level of interest that we’ve been
getting both in London and in the US office of the British Film Commission is
anything to go by, the UK will soon be first choice for international high-end
production.”<o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">For more information go to:
<a href="http://www.britishfilmcommission.org.uk/">http://www.britishfilmcommission.org.uk/</a><a href="https://www.blogger.com/blogger.g?blogID=7422955840872466119" name="_GoBack"></a><o:p></o:p></span></div>
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<br /></div>
<br />
<div class="MsoNormal" style="margin-bottom: 0.0001pt;">
<span style="font-family: inherit;">Article courtesy of Location
UK.</span><span style="font-family: Georgia, serif;"><o:p></o:p></span></div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-17557832298936085472013-03-20T11:13:00.000-07:002013-06-26T21:19:46.351-07:00Latest update on Crowdfunding<span style="font-family: inherit;">By: Tifanie Jodeh, Esq.</span><br />
<span style="font-family: inherit;"><br /></span>
<span style="font-family: inherit;">"Crowd Funding" (also known as crowd financing</span><span style="font-family: inherit;">,</span><span class="apple-converted-space" style="font-family: inherit;"> </span><span style="font-family: inherit;">equity crowdfunding</span><span style="font-family: inherit;">, or</span><span class="apple-converted-space" style="font-family: inherit;"> </span><span style="font-family: inherit;">group funding</span><span style="font-family: inherit;">) describes a group effort by supporters of a
project who network and pool their money, usually via a website/Internet to fund
efforts initiated by other people or organizations.</span><br />
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">Crowdfunding
has arguably revolutionized the way in which low budget films are sourced, financed
and supported. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">The two
biggest crowdfunding sites are Kickstarter and Indiegogo. Kickstarter uses the “all or nothing” funding
model, whereby projects receive money pledged only if their total fundraising
goals are met. Indiegogo offers two
different options: 1. the same “all or
nothing” model or 2. “Flexible Funding”
campaign that allows users to keep money raised, irrespective of whether their
funding goals are met. </span><span style="font-family: inherit;">There
are many other crowdfunding sources available.
These include sites such as Pozible, Peerbackers, RocketHub,
Speed&Spark and USAprojects (as examples). Though, Kickstarter is the
leader in the pack. </span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">There is
little doubt that crowdfunding works. To
date, Kickstarter has successfully funded over 9,000 films. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">Even
more, these projects are noteworthy in their own right. The short documentary “Inocente” became the first
Kickstarter-funded film to win an Oscar.
Other Kickstarter-funded films nominated for Oscars include the live
action short “Buzkashi Boys” and the documentary shorts “Kings Point,”
“Incident in New Baghdad,” “Sun Come Up” and “Barber of Birmingham.” <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">Recently,
Rob Thomas’ “Veronica Mars” Kickstarter campaign shattered Kickstarter records
when it raised $1 million in just four hours and 24 minutes, and $2 million in
10 hours. At the time of this writing, over $3.7 million
has been pledged by more than 56,500 people.
<o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">These crowdfunding
sites generally operate on a reward basis. Prospective supporters can pledge money flat
out, or they can give money in exchange for pre-determined non-monetary rewards.
These rewards may include items such as
DVDs, signed movie posters or scripts, tickets to red carpet
premieres, Executive Producer credits and the like. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">A key
point is that, under the current crowdfunding model, potential supporter will
never see or should expect a financial return on their investments. Their financial contributions do not buy them
any ownership in a film, any right to recoup what </span>they've<span style="font-family: inherit;"> invested, or any
right to share in the profits that a film may make. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">Crowdfunding
participants do not own any equity in the project. So if it ends up doing very
well, the producers and stars also stand to earn a decent amount of money since
there will be no need to repay the production and investment costs. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">An
additional option to raise funds through the Internet will be available via
Obama's JOBS (Jumpstart Our Business
Startups) Act. The JOBS Act is set to
fundamentally change how crowdfunding works by allowing sites like Kickstarter
and Indiegogo to sell to its members equity – or ownership - stakes in
films. This is known as “equity
crowdfunding.” <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">President
Obama signed the JOBS Act into law on April 5, 2012, and at Congress’ instruction,
the Securities and Exchange Commission (SEC) is monitoring the new changes
before they take effect, which is expected to occur at the end of 2013. <o:p></o:p></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">Before
the JOBS Act, filmmakers were prohibited from publicly soliciting, via calls,
email blasts, or websites, for funds in exchange for equity.</span><span style="font-family: inherit;"> </span><span style="font-family: inherit;">Additionally, they were only allowed to take
such investments from accredited (generally meaning wealthy investors), or up
to $1 million from unaccredited investors they had a "substantive" (such
as friends and family) relationship with.</span><span style="font-family: inherit;"> </span></div>
<div class="MsoNormal">
<span style="font-family: inherit;"><br /></span></div>
<div class="MsoNormal">
<span style="font-family: inherit;">The JOBS
Act lifts the ban on general solicitation and advertising, and allows, with certain
protective guidelines, a filmmaker to take funds in exchange for equity from
anyone, regardless of their financial status or their relationship to the
filmmaker.</span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="font-family: inherit;">You
should work with a experienced entertainment/securities attorney to make sure
you are properly within the guidelines of the JOBS Act. <o:p></o:p></span></div>
<div class="MsoNormal">
<br /></div>
<div class="MsoNormal">
<span style="font-family: inherit;">With the
combination of Crowdfunding and the JOBS Act, filmmakers and producers have a
better chance to build a project to success and independently control its
fate. </span><span style="font-family: Times New Roman, serif;"><o:p></o:p></span><br />
<span style="font-family: inherit;"><br />(c) Entertainment Law Partners and Tifanie Jodeh, Esq. </span><br />
<br />
<span style="font-size: 8.0pt;">Tifanie Jodeh grants column recipients
permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span></div>
Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-48916375816289012222012-11-18T12:56:00.000-08:002012-12-06T15:02:05.148-08:00When should you work with an Entertainment Attorney? <span style="font-family: inherit;">
</span><br />
<div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 2;">
<b><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";"><span style="font-family: inherit;">By: Tifanie Jodeh, Esq. </span></span></b></div>
<span style="font-family: inherit;">
<span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";">It's best if you have an attorney in
your pocket at the very beginning of your project. For example, this may mean
hiring a writer to write your script or getting permission to make a screenplay
from a book.<span style="mso-spacerun: yes;"> </span>The can also be helpful in
sourcing your team which includes casting directors, co-producers, directors,
talent and the like.<span style="mso-spacerun: yes;"> </span>Your team will need
contracts and your attorney will be there to lock everyone in to your project.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span><br />
<span style="font-family: inherit;">
</span><br />
<div class="MsoNormal" style="line-height: normal; margin: 0in 0in 0pt;">
<span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";"><span style="font-family: inherit;">Contracts drafted-<span style="mso-spacerun: yes;"> </span>A
savvy filmmaker or producer knows that everything in the realm of business is
smartly done via contracts. Contracts protect both parties. Contracts form the foundation
for duties, tasks and responsibilities of all parties involved. When you have
everything documented, you are one step ahead in making certain that your
production is fully "cleared". <span style="mso-spacerun: yes;"> </span>Cleared means that all rights and legalities
have been formally executed and that your film is able to acknowledged that you
hold all the needed rights to use each aspect of the property.<span style="mso-spacerun: yes;"> </span>Cleared rights include trademarks, options,
work for hires, name and likeness, copyrights and insurance.<span style="mso-spacerun: yes;"> </span>Your entertainment attorney will help guide
you in the right direction and make sure that you don't legally impede your
production.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
<span style="font-family: inherit;">
</span><br />
<div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto;">
<b><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";"><span style="font-family: inherit;">Other items to consider.<o:p></o:p></span></span></b></div>
<span style="font-family: inherit;">
</span><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";"><span style="font-family: inherit;">Make sure you have a budget that
includes items such as script clearance, title clearance, E&O insurance and
(sometimes) a bond.<span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span>It protects you as a producer and filmmaker,
it protects your investors and distributors.<span style="mso-spacerun: yes;">
</span>Make sure your attorney sees a first cut of your project.<span style="mso-spacerun: yes;"> </span>They may flag possible clearance issues that
you did not catch during filming.<span style="mso-spacerun: yes;"> </span>For
example, a shot of a "McDonald's" cup appears but you failed to call
the McDonald's company to get permission to use their trademark.<span style="mso-spacerun: yes;"> </span>You and your attorney can work together in
obtaining permission or leaving the image on the cutting room floor.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span><br />
<span style="font-family: inherit;">
</span><br />
<div class="MsoNormal" style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 2;">
<b><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";"><span style="font-family: inherit;">Additional Resources<o:p></o:p></span></span></b></div>
<span style="font-family: inherit;">
</span><span style="font-family: inherit;"><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";">Our website, www.entlawpartners.com
is full of information and resources.<span style="mso-spacerun: yes;">
</span>Our blog contains the latest news, views and updates on entertainment
law.<span style="mso-spacerun: yes;"> </span>Or, you may give us a call for a
free consultation.<span style="mso-spacerun: yes;"> </span><br style="mso-special-character: line-break;" />
<br style="mso-special-character: line-break;" />
</span></span><span style="font-family: inherit;"><b><u><span style="font-family: "Times New Roman","serif";">COPYRIGHT
& DISCLAIMER</span></u></b><u><span style="font-family: "Times New Roman","serif";"><o:p></o:p></span></u></span><br />
<span style="font-family: inherit;">
</span><br />
<div class="MsoFooter" style="margin: 0in 0in 0pt;">
<span style="font-family: inherit;">Tifanie Jodeh is Partner at
Entertainment Law Partners dedicated to corporate, business and entertainment
affairs.<span style="mso-spacerun: yes;"> </span></span></div>
<span style="font-family: inherit;">Tifanie Jodeh grants column recipients
permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.<o:p></o:p></span><br />
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</span>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.comtag:blogger.com,1999:blog-7422955840872466119.post-70654606795635967142012-10-18T18:11:00.003-07:002012-10-19T11:13:32.546-07:00The Deals That Reality Stars Receive Just for Being Themselves.<span style="font-family: inherit;"></span><br />
<span style="font-family: inherit;">By: Katrina Yu, Associate at
Entertainment Law Partners<o:p></o:p></span><br />
<span style="font-family: inherit;"></span><br />
<span style="font-family: inherit;">Ever since the explosion of reality
television shows on all major cable networks, we have seen the “talent” of
individuals ranging from Shawn Johnson (<em>“Dancing
With the Stars”</em>) to Kim Kardashian (“<i>Keeping Up With The
Kardashians</i>”) to Honey Boo Boo (“<i>Here Comes Honey Boo Boo</i>”) and the
infamous cast of <i>The Jersey Shore</i>. These individuals have filled our TV
sets with joy, laughter, confusion, frustration, anger, and for some, just pure
adulterated-entertainment. So exactly how much do these “talented”individuals
make for a living and are their entertainment values worth the price tag?<o:p></o:p></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Starting with the cast of ABC’s “<i>Dancing
With the Stars</i>,” the pro-dancers reportedly made $1,600/episode during the
shows’ earlier seasons, and currently make around $5,200/episode, plus bonuses
for making it into the final rounds. This adds up to about $57,200 for the 3
pro-dancers who make it all the way to week 11 of the show. $57,200 might not
seem like a lot at first glance, but in reality, $57,200 for 11 weeks is only
about 3 months worth of work, and even then, it is higher than most
professionals receive as a yearly salary. Of course, for those unlucky
pro-dancers that get booted after the 2<span style="font-size: small;"><sup>nd</sup>week, they would only make
$10,400, but that is still a huge payday for two weeks worth of hard labor. <o:p></o:p></span></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">However, $57,200 is pocket change
compared to the salaries that the “stars” receive for being on the show.
According to various sources, each celebrity (regardless of his/her star power)
gets a base salary of $125K just for being on the show! That alone is more than
double what the pros make for the entire season! In addition, the “Stars” are
given additional salaries per week as they progress in the show. The winner of
this reality series can earn up to $365K for the show, more than 6 times what
the actual professional dancers make! <o:p></o:p></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Remarkably, the price tag only gets
more interesting when talking about other shows. For example, each “cast”
member of the new TLC hit “<i>Here Comes Honey Boo Boo</i>”reportedly earned
$5K to $7K/episode that was later increased to $15K to $20K/episode, by episode
2! The 6 members of the Honey Boo Boo clan made roughly $140K to $187K
collectively this year for their 10 episode series! It has been further
reported that TLC has even offered to cover various expenses for the family
including hiring a bodyguard, a driver and even purchasing a new house. <o:p></o:p></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Advancing from Honey Boo Boo, we
come to the cast of MTV’s <i>Jersey Shore</i>. The guidos and guidettes of this
popular MTV series reportedly started off their fame with a measly $5K/episode,
which roughly translated to about $45K for Season 1. However, after the show's
success, it has been reported that in Season 2, the main cast of Jersey Shore
made $10K (twice the amount from Season 1) per episode during its 13 episodes
run. In Season 3, that price tag per person tripled to $30K/episode. By its 4<span style="font-size: small;"><sup>th</sup>
Season, the cast was so invaluable to MTV, that they were able to negotiate a
$100K/episode deal that gave the“stars” a final paycheck of $1.2 million for
the entire season! The cast is now hopefully in their final season of taping,
and each main cast member reportedly receives $150K/episode in this 12 episodes
season. That is $1.8 million just for being J-Woww, Snooki, the Situation,
Vinny, Pauly D and Deena! This does not even include the multiple side gigs
that each of the “star” gets paid for throughout the year! <o:p></o:p></span></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Lastly, we come to the Mother of all
Reality TV stars, the one and only Ms. Kim Kardashian. In 2007, Ms. K made $5
million alone when she settled her lawsuit against Vivid Entertainment for her
sex tape with Ray J. That in turn provided Ms. K with a reported $15K/episode
for her very own reality show on E!’s ‘<i>Keeping Up With The Kardashians</i>.<i>’
</i>Since 2007, Ms. K’s salary on the reality series has increased to
$40K/episode and the show is now in its 7<span style="font-size: small;"><sup>th</sup>Season in addition to
various spin offs. Additionally, she also reportedly made $18 million alone off
endorsements and TV rights. <o:p></o:p></span></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Ms. Kardashian is the epitome of all
that is miraculous, great, and exciting in this vast world of entertainment
culture. You never know if the next “big thing” is the homeless man around the
corner or the talented YouTube singer that is trying to raise money to produce
his/her first record. In the end, the only thing that matters is if the public
is infatuated with you. And, if they are, let the negotiations for higher fees
begin! <o:p></o:p></span><br />
<span style="font-family: inherit;"></span><br />
<span style="font-family: inherit;"><b><u>COPYRIGHT and DISCLAIMER</u></b><o:p></o:p></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Katrina Yu is an Assoicate at
Entertainment Law Partners dedicated to corporate, business and entertainment
affairs. You may contact her at Katrina@entlawpartners.com.<o:p></o:p></span><br />
<u1:p></u1:p><span style="font-family: inherit;">
</span><br />
<span style="font-family: inherit;">Entertainment Law Partners grants
column recipients permission to copy and distribute this column 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.<br />
<br />
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein. (c) Entertainment Law Partners<o:p></o:p></span><br />
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<u1:p><span style="font-family: inherit;"></span></u1:p><br />Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-48055676671206863422012-10-09T13:21:00.000-07:002012-10-09T13:29:01.368-07:00Great Tips for Filmmakers who are using Social Media<div class="follow inactive" id="anetItemPoster">
<span style="font-family: inherit;">Social media is perhaps the most effective form of advertisement that you can do for your business in today's environment. Not only is it cost-effective, it is also effective in reaching your audience in the way that you want. Although it can be incredibly helpful in generating leads, it has to be done the right way. One must put a lot of attention into their social media presence to ensure that they are obtaining the intended results. Just because it is free does not mean that you can let it coast on its own.<br /><br /><br />1. Find Your Target Audience<br /><br />The greatest thing about using social media for marketing is you can choose to advertise to your target audience. A lot of times, people want to simply gain followers on their social media platforms but some of this work is done in vain if your audience does not want what you provide. It is better to have 5,000 followers on Twitter that will actually click-through to your product or read your posts than to have 100,000 followers that are only following you for a follow back.<br /><br />2. Be Sociable<br /><br />Most people on social networking sites are there for one reason... to socialize. Your audience is not going to be any different in that respect than any other. I have seen people gain a social media presence time and time again only to fail because they were all about business. While it is important to keep your presence professional, you can also "let loose" a little and engage with your followers on a personal level. Building rapport with your online audience is the same as doing it with your clients in person. Use the same techniques that you would if this audience walked into your office.<br /><br />3. Keep Your Audience Engaged<br /><br />Once again, most people use social media to socialize. Think of your online presence as a cocktail party and you are the host. If you are a bad host and do not keep your audience engaged, then they might leave the party or not RSVP your next invitation. Keeping your followers engaged should go beyond regular posts or updates. You should respond to comments and facilitate conversation. In addition, although you are the expert, it doesn't hurt to get advice from your audience from time to time. Start a discussion thread on your Facebook page that everyone can respond to.<br /><br />4. Social Media Advocates<br /><br />Finding people that will spread the word about your social media presence is word of mouth marketing online. It is huge! Not only do you have a great product or service that the customer will want, but it is being recommended by a mutual friend. People will trust you more because they know you through a personal connection. The easiest way to do this is to use your friends and family. Most people will be happy to share your posts and recommend your page; especially if you have created something they can be proud of. Use your current personal Facebook and Twitter account to ask people to help you out.<br /><br />5.Gain Subscribers<br /><br />Incorporating some type of subscription service is a great way to generate leads. I currently use SMS, E-mail, and RSS subscriptions to promote my material. Since people actually have to subscribe to your material, they are most likely interested in what you have to offer. You can do many different things with these subscriptions. Most people choose to send out a monthly newsletter but this will vary based on your industry, etc. Whatever you choose to do, make sure you are consistent with regularly producing quality material for your audience. You do not want to end up in the spam inbox every month.<br /><br />These tips were authored by Carol White. Visit the link: </span><a href="http://www.linkedin.com/redirect?url=http%3A%2F%2Ftinyurl%2Ecom%2F8o6y747&urlhash=IZ0v&_t=tracking_anet" rel="nofollow" target="blank"><span style="font-family: inherit;">http://tinyurl.com/8o6y747</span></a><span style="font-family: inherit;"> to get more about Social Media Marketing.</span></div>
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Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com0tag:blogger.com,1999:blog-7422955840872466119.post-14497176939096021932012-07-16T12:50:00.000-07:002012-07-16T12:50:36.467-07:00The Pros and Cons: Arbitration or Litigation. JAMS or AAA?<span style="font-family: inherit;">
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">By: Steven G. Kaplan and Patrick Bowers</span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Disputes
happen all the time.<span style="mso-spacerun: yes;"> </span>Most disputes are minor
and resolved between parties without involving a third party.<span style="mso-spacerun: yes;"> </span>But where parties cannot resolve their
disputes--and because we live in an alleged civilized society in which we
strongly discourage private resolution of conflict by means labeled
“anti-social” (e.g., dueling)—a third party is called in to assist in resolving
the dispute.<span style="mso-spacerun: yes;"> </span>You pay your taxes
(probably) so why not get your money’s worth and take your dispute to court.<span style="mso-spacerun: yes;"> </span>If dueling is frowned upon, what’s left other
than rushing to court?<span style="mso-spacerun: yes;"> </span>Let’s consider binding
arbitration.<o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Arbitration
pro:<span style="mso-spacerun: yes;"> </span>Speedier resolution, however, this is
not always the case due to numerous parties, arbitrators, lawyers, and
litigation strategies.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Litigation
pro:<span style="mso-spacerun: yes;"> </span>There is a large body of
substantive law and procedure which automatically organizes the lawsuit and the
parties don’t have to create the rules that will govern the dispute.<o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Arbitration
pro:<span style="mso-spacerun: yes;"> </span>Less costly, however, this might
not always be the case due to numerous parties, arbitrators, lawyers, and
litigation strategies.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Litigation
pro:<span style="mso-spacerun: yes;"> </span>The judge, by law, must be
impartial and the judge’s salary does not depend upon whether the parties ever
use that particular judge in a future matter.<span style="mso-spacerun: yes;">
</span>The judge is not personally affected by the outcome of the dispute.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Arbitration
pro:<span style="mso-spacerun: yes;"> </span>Exclusionary rules of evidence
don’t apply.<span style="mso-spacerun: yes;"> </span>Everything can be admitted into
evidence so long as relevant and non-cumulative.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Litigation
pro:<span style="mso-spacerun: yes;"> </span>Trial takes place in the courthouse
and therefore neutral territory.<o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Arbitration
pro:<span style="mso-spacerun: yes;"> </span>Not a public hearing.<span style="mso-spacerun: yes;"> </span>There is no public record of the
proceedings.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Litigation
pro:<span style="mso-spacerun: yes;"> </span>If a litigant is unhappy with the
court’s decision an appeal might be possible.<o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Arbitration
pro:<span style="mso-spacerun: yes;"> </span>From a defense point of view, there
is reduced risk of punitive damages and run away juries.<o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Once
the parties choose binding arbitration over litigation, either in the contract
or after the dispute arises, they must then choose an arbitration body, the most
prominent being JAMS and the American Arbitration Association (AAA).<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">Yippee!<span style="mso-spacerun: yes;"> </span>You won an award in binding arbitration.<span style="mso-spacerun: yes;"> </span>Well, don’t pop the champagne cork just
yet.<span style="mso-spacerun: yes;"> </span>With JAMS, even if you win an
award, it will not give you your award until you pay the arbitrator fees.<span style="mso-spacerun: yes;"> </span>So you have racked up quite the tab for
arbitrator fees.<span style="mso-spacerun: yes;"> </span>No problem; I can pay
with part of my award, right?<span style="mso-spacerun: yes;"> </span>Nope.<span style="mso-spacerun: yes;"> </span>You must pay the arbitrator fees with money
apart from the award.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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<span style="font-family: "Times New Roman","serif";"><span style="font-family: inherit;">On
the other hand, AAA will release your award without full payment of the
arbitrator fees.<span style="mso-spacerun: yes;"> </span>That way you can pay
the arbitrator fees with part of your award, pop the champagne cork, and move
on with your life.<span style="mso-spacerun: yes;"> </span>Cheers!<span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span><o:p></o:p></span></span></div>
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</span>Entertainment Law Partnershttp://www.blogger.com/profile/09318744633006397724noreply@blogger.com1