By: Tifanie Jodeh, Esq.
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. The can also be helpful in
sourcing your team which includes casting directors, co-producers, directors,
talent and the like. Your team will need
contracts and your attorney will be there to lock everyone in to your project.
Contracts drafted- 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". 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. Cleared rights include trademarks, options,
work for hires, name and likeness, copyrights and insurance. Your entertainment attorney will help guide
you in the right direction and make sure that you don't legally impede your
production.
Other items to consider.
Make sure you have a budget that
includes items such as script clearance, title clearance, E&O insurance and
(sometimes) a bond. It protects you as a producer and filmmaker,
it protects your investors and distributors.
Make sure your attorney sees a first cut of your project. They may flag possible clearance issues that
you did not catch during filming. 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. You and your attorney can work together in
obtaining permission or leaving the image on the cutting room floor.
Additional Resources
Our website, www.entlawpartners.com
is full of information and resources.
Our blog contains the latest news, views and updates on entertainment
law. Or, you may give us a call for a
free consultation. COPYRIGHT & DISCLAIMER
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.
DISCLAIMER: Readers should consult with a lawyer before solely relying on any information contained herein.
