August 21, 2001
NOT EVEN TOP DIRECTORS ARE IMMUNE TO ACCOUNTING DISPUTES
Independent filmmakers often complain about creative accounting and the failure of distributors to pay them all that they are due. Veteran producers and directors frequently avoid such disputes because they have lawyers and agents to protect their interests, and because they have enough clout to insist on a better definition of profits, and can sometimes even secure a piece of the gross. But even top directors may encounter problems.
According to the Associated Press, Emmy-winning director James Burrows (“Cheers,” “Will & Grace”) is suing Warner Bros. Television for more than $5 million, contending that WB did not pay him his share of profits from the highly rated TV show “Friends.”
Burrows’ complaint alleges that WB promised him five percent of the net profits from “Friends'' and other compensation. According to Burrows, WB told the director that they planned on deducting payments to third parties from Burrows’ share of profits even though there was no explicit provision for such deductions in his agreement.WB declined comment.Any source
Tuesday, August 21, 2001
Wednesday, July 25, 2001
HOLLYWOOD FILM FESTIVAL & CONFERENCE
July 25, 2001
HOLLYWOOD FILM FESTIVAL & CONFERENCE
Congratulations to our clients Charles Acosta and Dov Kelemer whose films were invited to screen at the upcoming Hollywood Film Festival.
Producer Charles Acosta’s PENDULUM will screen in the Studio Theater on the Paramount lot on August 4 at 7:00 PM. This picture is a terrific thriller starring Rachel Hunter and James Russo.
Dov Kelemer’s WON’T ANYBODY LISTEN is a documentary that chronicles the lives of a struggling rock band and the brutal realities of the record industry. It screens at the Raleigh Studios, Chaplin Theater at 7:00 PM on August 4.
I am moderating a panel on financing film on August 2 from 10:00 AM to11:45 at the Hollywood Roosevelt Hotel. I am also participating as a speaker on the topic of Documentary Filmmaking for the New Millennium. This panel is also at the Hollywood Roosevelt hotel and will be on August 3rd from 3:00 PM to 4:30 PM.
The Hollywood Film Festival and Conference runs from August 2-6. Additional information can be found at http://hollywoodfestival.com.Any source
HOLLYWOOD FILM FESTIVAL & CONFERENCE
Congratulations to our clients Charles Acosta and Dov Kelemer whose films were invited to screen at the upcoming Hollywood Film Festival.
Producer Charles Acosta’s PENDULUM will screen in the Studio Theater on the Paramount lot on August 4 at 7:00 PM. This picture is a terrific thriller starring Rachel Hunter and James Russo.
Dov Kelemer’s WON’T ANYBODY LISTEN is a documentary that chronicles the lives of a struggling rock band and the brutal realities of the record industry. It screens at the Raleigh Studios, Chaplin Theater at 7:00 PM on August 4.
I am moderating a panel on financing film on August 2 from 10:00 AM to11:45 at the Hollywood Roosevelt Hotel. I am also participating as a speaker on the topic of Documentary Filmmaking for the New Millennium. This panel is also at the Hollywood Roosevelt hotel and will be on August 3rd from 3:00 PM to 4:30 PM.
The Hollywood Film Festival and Conference runs from August 2-6. Additional information can be found at http://hollywoodfestival.com.Any source
Monday, June 4, 2001
Dept. of Commerce Issues Report on Runaway Production
June 4, 2001
Dept. of Commerce Issues Report on Runaway Production
Last year Congress asked the U.S. Dept. of Commerce to study the impact of runaway productions on the U.S. film industry. The report has now been completed and it findings are no big surprise: the number of films shot abroad for economic reasons increased dramatically from 100 films in 1990 to 285 films in 1998, an increase of 185% over eight years.
The report states that there are many reasons that American films are increasingly produced abroad including incentive programs offered by foreign governments. An entire 15 page chapter is devoted to the incentive programs offered by leading destination countries. The reports contains a useful two-page chart detailing the 30 programs offered in Canada.
The report is titled “The Migration of U.S. Film and Television Production: Impact of Runaways on Workers and Small Business in the U.S. Film Industry,U.S. Dept. of Commerce,” and is available at http://www.ita.doc.gov/media/filmreport.htm
Congratulations to Our Clients
With the threat of possible WGA and SAG strikes, many of our filmmaking clients have been rushing to get into production before possible strikes could take place. Congratulations to producer Harvey Kahn who began production of “Pressure.” The feature is a thriller starring Kerr Smith (Dawson’s Creek) and Angela Featherstone, and is directed by our client Richard Gale (“The Proposal”) and written by our clients Gale and Craig Brewer.
Writer/Director Daniel McCarthy has began production on the feature film “Irish Eyes Are Crying” a drama starring Daniel Baldwin. The shoot takes place in New Brunswick, Canada, and is produced by McCarthy and Julian Valdes.Congratulations also to Dennis Fallon who begins production June 4th on “Silence” starring Christine Swanson and Vincent Spano. The shoot takes place in Kansas City, Missouri and is directed by Tom WhitAny source
Dept. of Commerce Issues Report on Runaway Production
Last year Congress asked the U.S. Dept. of Commerce to study the impact of runaway productions on the U.S. film industry. The report has now been completed and it findings are no big surprise: the number of films shot abroad for economic reasons increased dramatically from 100 films in 1990 to 285 films in 1998, an increase of 185% over eight years.
The report states that there are many reasons that American films are increasingly produced abroad including incentive programs offered by foreign governments. An entire 15 page chapter is devoted to the incentive programs offered by leading destination countries. The reports contains a useful two-page chart detailing the 30 programs offered in Canada.
The report is titled “The Migration of U.S. Film and Television Production: Impact of Runaways on Workers and Small Business in the U.S. Film Industry,U.S. Dept. of Commerce,” and is available at http://www.ita.doc.gov/media/filmreport.htm
Congratulations to Our Clients
With the threat of possible WGA and SAG strikes, many of our filmmaking clients have been rushing to get into production before possible strikes could take place. Congratulations to producer Harvey Kahn who began production of “Pressure.” The feature is a thriller starring Kerr Smith (Dawson’s Creek) and Angela Featherstone, and is directed by our client Richard Gale (“The Proposal”) and written by our clients Gale and Craig Brewer.
Writer/Director Daniel McCarthy has began production on the feature film “Irish Eyes Are Crying” a drama starring Daniel Baldwin. The shoot takes place in New Brunswick, Canada, and is produced by McCarthy and Julian Valdes.Congratulations also to Dennis Fallon who begins production June 4th on “Silence” starring Christine Swanson and Vincent Spano. The shoot takes place in Kansas City, Missouri and is directed by Tom WhitAny source
Thursday, March 29, 2001
SELF DEFENSE FOR SCREENWRITERS
March 29, 2001
NEW ARTICLE: SELF DEFENSE FOR SCREENWRITERS
As an entertainment attorney I am often called upon to assist writers who have gotten themselves into trouble because they don’t understand how their work infringes the rights of others. A writer who learns the fine points of the law through trial and error is receiving an expensive education. I have written an article that was recently published by Screentalk Magazine (www.screentalk.org) and is now posted on my website.
TROUBLE FROM PEOPLE PORTRAYED IN YOUR WORK
I. FICTIONAL CHARACTERS
If your script or film contains fictional characters -- characters from your imagination -- you generally do not need to obtain any permissions or releases. However, if there is a chance that the public could mistake your imaginary characters for real people, you could be liable if you have thereby infringed their rights.
You can protect yourself by making sure your fictional characters cannot be mistaken for real people. Give characters unusual names that no living individual would have. Check the phone book to see if any people with your character’s name reside at the location portrayed in your story. If there is a person in that community with the same name or a similar one, consider changing the locale or setting the story in a fictional locale. Add a disclaimer at the beginning of the film stating that any resemblance to persons living or dead is purely coincidental.
To read the rest of the article go to: www.marklitwak.comAny source
NEW ARTICLE: SELF DEFENSE FOR SCREENWRITERS
As an entertainment attorney I am often called upon to assist writers who have gotten themselves into trouble because they don’t understand how their work infringes the rights of others. A writer who learns the fine points of the law through trial and error is receiving an expensive education. I have written an article that was recently published by Screentalk Magazine (www.screentalk.org) and is now posted on my website.
TROUBLE FROM PEOPLE PORTRAYED IN YOUR WORK
I. FICTIONAL CHARACTERS
If your script or film contains fictional characters -- characters from your imagination -- you generally do not need to obtain any permissions or releases. However, if there is a chance that the public could mistake your imaginary characters for real people, you could be liable if you have thereby infringed their rights.
You can protect yourself by making sure your fictional characters cannot be mistaken for real people. Give characters unusual names that no living individual would have. Check the phone book to see if any people with your character’s name reside at the location portrayed in your story. If there is a person in that community with the same name or a similar one, consider changing the locale or setting the story in a fictional locale. Add a disclaimer at the beginning of the film stating that any resemblance to persons living or dead is purely coincidental.
To read the rest of the article go to: www.marklitwak.comAny source
Monday, January 8, 2001
TIGER WOODS LOSES TRADEMARK AND RIGHT OF PUBLICITY ACTION AGAINST ARTIST WHO CREATED LIMITED EDITION POSTER DEPICTING HIM
January 8, 2001
TIGER WOODS LOSES TRADEMARK AND RIGHT OF PUBLICITY ACTION AGAINST ARTIST WHO CREATED LIMITED EDITION POSTER DEPICTING HIM
Rick Rush, a sports artist, created a print featuring renowned golfer Tiger Woods. Woods licensing agent, ETW Corp., brought suit to stop distribution of this print.
The court found that ETW had failed to show that it had any trademark rights to the image of Tiger Woods since his image was not used as a mark. While a specific image or photo of a person can function as a trademark if it is consistently used to identify a source of product, this does not mean that any of a variety of different images of a person will each be given protection as a trademark. The court also dismissed the action for violation of right of publicity under Ohio law stating that the artist’s expression was constitutionally protected under the First Amendment.
CHANGES IN EMPLOYMENT OF MINORS
Minor and their parents planning a career in show biz should be aware of some recent changes in California law. As of Jan. 1, 2000, money must be set aside in a blocked account for all children working in the entertainment industry. This includes musicians, actors and those working in non-union productions. In the past this requirement only applied to court-approved contracts. SAG's website contains useful information including the SAG/AFTRA Young Performers Handbook (http://www.sag.org/youngpersons.html). Parents can have their questions answered by calling the SAG Child Actor Hotline.Any source
TIGER WOODS LOSES TRADEMARK AND RIGHT OF PUBLICITY ACTION AGAINST ARTIST WHO CREATED LIMITED EDITION POSTER DEPICTING HIM
Rick Rush, a sports artist, created a print featuring renowned golfer Tiger Woods. Woods licensing agent, ETW Corp., brought suit to stop distribution of this print.
The court found that ETW had failed to show that it had any trademark rights to the image of Tiger Woods since his image was not used as a mark. While a specific image or photo of a person can function as a trademark if it is consistently used to identify a source of product, this does not mean that any of a variety of different images of a person will each be given protection as a trademark. The court also dismissed the action for violation of right of publicity under Ohio law stating that the artist’s expression was constitutionally protected under the First Amendment.
CHANGES IN EMPLOYMENT OF MINORS
Minor and their parents planning a career in show biz should be aware of some recent changes in California law. As of Jan. 1, 2000, money must be set aside in a blocked account for all children working in the entertainment industry. This includes musicians, actors and those working in non-union productions. In the past this requirement only applied to court-approved contracts. SAG's website contains useful information including the SAG/AFTRA Young Performers Handbook (http://www.sag.org/youngpersons.html). Parents can have their questions answered by calling the SAG Child Actor Hotline.Any source
Monday, January 1, 2001
Sunday, December 31, 2000
Subscribe to:
Posts (Atom)