April 24, 2002
SELF-DEFENSE FOR FILMMAKERS
This coming weekend (April 27 and 28, 2002) I will be teaching my UCLA extension class on Self-Defense for Filmmakers. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9971 or visit their website:www.uclaextension.org/entertainmentstudiesAny source
Wednesday, April 24, 2002
Wednesday, April 17, 2002
UPCOMING UCLA SEMINARS
April 17, 2002
UPCOMING UCLA SEMINARS
I will be teaching a new UCLA extension class this summer on Financing Independent Features and Negotiationg a Distribution Agreement.
This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross-collaterization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, self-defense checklist and other materials.
8.75 hours of MCLE credit available.
Reg# M7896BUCLA: Public Policy Bldg.Saturday, 10am-5pm,August 10Sunday, 9am-12pm,August 11Any source
UPCOMING UCLA SEMINARS
I will be teaching a new UCLA extension class this summer on Financing Independent Features and Negotiationg a Distribution Agreement.
This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre-sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross-collaterization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letter to retain possession of their negative, and utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, self-defense checklist and other materials.
8.75 hours of MCLE credit available.
Reg# M7896BUCLA: Public Policy Bldg.Saturday, 10am-5pm,August 10Sunday, 9am-12pm,August 11Any source
Monday, April 8, 2002
The Importance of an Assignment Clause
April 8, 2002
The Importance of an Assignment Clause
A recent case by the Ninth Circuit Court of Appeals makes clear why it is important to include an express provision allowing assignment when entering into an exclusive copyright license. The court held that a licensee cannot transfer its exclusive rights without the copyright owner’s consent.
The case concerned a cartoon character called AMC Teach, which was owned by Nike. Nike granted Sony an exclusive license to use the character in certain specified ways. The license did not address whether Sony could sub-license its rights. Sony subsequently transferred all its rights to a person who used the character on educational materials. Nike objected.
This case illustrates how important it is for production companies to obtain written consent to assign their rights when they license underlying works, such as books, scripts and music. Without an assignment clause permitting assignment, the production company may not be able to assign its rights to third parties. Moreover, if a production company goes bankrupt, its assets would include the right to distribute its productions. But if the rights to use the underlying works in those productions, such as music on the soundtrack, could not be assigned, then these motion pictures might be worthless. Gardner v. Nike, Inc., Download PDF
Craig Brewer wins Rockefeller Fellowship
Congratulations to our client writer/director Craig Brewer who has just been awarded a Rockefeller Foundation Media Art’s Fellowship. 22 Fellows were accepted this year. A list of the awards can be found at www.RockMediaFellows.org. The award comes with a stipend of $35,000. Craig’s The Poor & Hungry will be playing at the DGA theater on Thursday, May 9, 2002 at 7pm. The screening is open to the public.Any source
The Importance of an Assignment Clause
A recent case by the Ninth Circuit Court of Appeals makes clear why it is important to include an express provision allowing assignment when entering into an exclusive copyright license. The court held that a licensee cannot transfer its exclusive rights without the copyright owner’s consent.
The case concerned a cartoon character called AMC Teach, which was owned by Nike. Nike granted Sony an exclusive license to use the character in certain specified ways. The license did not address whether Sony could sub-license its rights. Sony subsequently transferred all its rights to a person who used the character on educational materials. Nike objected.
This case illustrates how important it is for production companies to obtain written consent to assign their rights when they license underlying works, such as books, scripts and music. Without an assignment clause permitting assignment, the production company may not be able to assign its rights to third parties. Moreover, if a production company goes bankrupt, its assets would include the right to distribute its productions. But if the rights to use the underlying works in those productions, such as music on the soundtrack, could not be assigned, then these motion pictures might be worthless. Gardner v. Nike, Inc., Download PDF
Craig Brewer wins Rockefeller Fellowship
Congratulations to our client writer/director Craig Brewer who has just been awarded a Rockefeller Foundation Media Art’s Fellowship. 22 Fellows were accepted this year. A list of the awards can be found at www.RockMediaFellows.org. The award comes with a stipend of $35,000. Craig’s The Poor & Hungry will be playing at the DGA theater on Thursday, May 9, 2002 at 7pm. The screening is open to the public.Any source
Friday, March 15, 2002
UCLA SEMINAR ON SELF-DEFENSE FOR FILMMAKERS
March 15, 2002
UCLA SEMINAR ON SELF-DEFENSE FOR FILMMAKERS
I will be repeating my UCLA extension class on Self-Defense for filmmakers on April 27 and 28, 2002.
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiatúing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9064 or visit their website: www.uclaextension.org/entertainmentstudies
BERMUDA FILM FESTIVAL
This year’s Bermuda Film Festival will take place from April 12-18. As a member of the board of advisors to the festival I look forward to returning to beautiful Bermuda and enjoying the festival. I will speaking on Monday, April 15 on the topic AFilmmakers Take Note, Placing Music in your Film.
I am pleased to have arranged as the opening night film “To End All Wars” (www.toendallwars.com), produced by my clients Director David Cunningham and Producer Jack Hafer. “To End All Wars” was shown recently at the Telluride, Toronto and Mill Valley Film Festivals to great acclaim. The film will be the closing night film at the Methodfest film festival in Pasadena on April 18, 2002. This powerful WW II picture stars Kiefer Sutherland and Robert Caryle. We regret that the subject of the film, POW survivor Ernest Gordon, recently passed away.
Check out the Bermuda film festival at: http://www.bermudafilmfest.com/
FESTIVAL LIST
Now visitors to my website can directly add or revise a festival listing. We have a listing of film and video festivals with contact information. Our new self-upload tool allows you to directly submit information about your film festival by filling out a form online. Please go to to the festival form at: http://www.marklitwak.com/festival.asp. There is no charge for listing your festival.Any source
UCLA SEMINAR ON SELF-DEFENSE FOR FILMMAKERS
I will be repeating my UCLA extension class on Self-Defense for filmmakers on April 27 and 28, 2002.
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. This seminar explains how writers and filmmakers can prevent problems by properly securing underlying rights, and by encouraging other parties to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.
Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiatúing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials. MCLE credit available.
The class is held on Saturday from 10 AM to 5 PM, and on Sunday from 9 AM to 12 PM in room 2250 in the Public Policy Building at the UCLA campus in Westwood.
To register for the class call UCLA at (310) 825-9064 or visit their website: www.uclaextension.org/entertainmentstudies
BERMUDA FILM FESTIVAL
This year’s Bermuda Film Festival will take place from April 12-18. As a member of the board of advisors to the festival I look forward to returning to beautiful Bermuda and enjoying the festival. I will speaking on Monday, April 15 on the topic AFilmmakers Take Note, Placing Music in your Film.
I am pleased to have arranged as the opening night film “To End All Wars” (www.toendallwars.com), produced by my clients Director David Cunningham and Producer Jack Hafer. “To End All Wars” was shown recently at the Telluride, Toronto and Mill Valley Film Festivals to great acclaim. The film will be the closing night film at the Methodfest film festival in Pasadena on April 18, 2002. This powerful WW II picture stars Kiefer Sutherland and Robert Caryle. We regret that the subject of the film, POW survivor Ernest Gordon, recently passed away.
Check out the Bermuda film festival at: http://www.bermudafilmfest.com/
FESTIVAL LIST
Now visitors to my website can directly add or revise a festival listing. We have a listing of film and video festivals with contact information. Our new self-upload tool allows you to directly submit information about your film festival by filling out a form online. Please go to to the festival form at: http://www.marklitwak.com/festival.asp. There is no charge for listing your festival.Any source
Wednesday, March 13, 2002
Articles Published
March 13, 2002
Congratulations to our client, director Richard Gale, who was interviewed on a major Australian movie site. http://www.webwombat.com/entertainment/movies/pressure_int.htm
Articles Published
Two articles of mine were published this month. “The Independent” published an article titled “Self Defense for Screenwriters” in their March 2002 issue. This article discusses how writers can avoid infringing the rights of those they mention or portray.
“Script” magazine has just published my article “Protecting Your Stories” which explains how writers can protect their story ideas from theft.
New Address
We have now moved to our new offices at 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. The move went smoothly except that Pac Bell dropped the ball and our phones and fax were down for a day. We apologize if you tried to reach us and were unable to do so.Any source
Congratulations to our client, director Richard Gale, who was interviewed on a major Australian movie site. http://www.webwombat.com/entertainment/movies/pressure_int.htm
Articles Published
Two articles of mine were published this month. “The Independent” published an article titled “Self Defense for Screenwriters” in their March 2002 issue. This article discusses how writers can avoid infringing the rights of those they mention or portray.
“Script” magazine has just published my article “Protecting Your Stories” which explains how writers can protect their story ideas from theft.
New Address
We have now moved to our new offices at 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. The move went smoothly except that Pac Bell dropped the ball and our phones and fax were down for a day. We apologize if you tried to reach us and were unable to do so.Any source
Friday, February 22, 2002
CHANGE OF ADDRESS
February 22, 2002
JOB OPENING
We have an immediate opening for a paralegal or secretary to join our law firm. Here is a description of the position:
Busy Beverly Hills entertainment law firm has opening for well-organized, responsible secretary/paralegal. Must type 60 wpm and have at least one year of experience. Requires a person who pays great attention to detail, and has excellent writing, grammar, communication and computer skills. E-mail resume and short writing sample to atty@marklitwak.com. No phone calls please.
CHANGE OF ADDRESS
After 8 years at 9595 Wilshire Boulevard we are moving. Effective February 28, 2002 we are relocating our offices and moving one block away to: 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. Our telephone and fax numbers remain the same. Our zip code has changed slightly. Our E-mail address is: atty@marklitwak.comAny source
JOB OPENING
We have an immediate opening for a paralegal or secretary to join our law firm. Here is a description of the position:
Busy Beverly Hills entertainment law firm has opening for well-organized, responsible secretary/paralegal. Must type 60 wpm and have at least one year of experience. Requires a person who pays great attention to detail, and has excellent writing, grammar, communication and computer skills. E-mail resume and short writing sample to atty@marklitwak.com. No phone calls please.
CHANGE OF ADDRESS
After 8 years at 9595 Wilshire Boulevard we are moving. Effective February 28, 2002 we are relocating our offices and moving one block away to: 433 N. Camden Drive, Ste. 1010, Beverly Hills, CA 90210. Our telephone and fax numbers remain the same. Our zip code has changed slightly. Our E-mail address is: atty@marklitwak.comAny source
Saturday, February 16, 2002
“The Accountant” nominated for Academy Award
February 16, 2002
“The Accountant” nominated for Academy Award
Congratulations to producer Lisa Blount and writer/director/star Ray McKinnon of Ginny Mule Pictures for their live action short “The Accountant” which has been nominated for an Oscar. Attorney Pete Wilke, who is our securities expert and is Of Counsel to this firm, created the Private Placement Memorandum and handled the production legal work for the picture. I saw the film at the Austin Film Festival this past fall and it was wonderful. It was also shown at Slamdance.
"The Accountant" is a "Farm Comedy." The story centers on a dubious main character who "advises" folks on methods they might use to save the family farm from going the way of too many such farms in America. The film was shot on location in the South on 35 mm. The film, about 40 minutes in length, might best be described as a "dark comedy" that gives the viewer a whole new appreciation (or first time appreciation as the case may be) for the "Accountant's" favorite canned beverage, PBR (Pabst Blue Ribbon beer).
The website for the film is www.ginnymule.comAny source
“The Accountant” nominated for Academy Award
Congratulations to producer Lisa Blount and writer/director/star Ray McKinnon of Ginny Mule Pictures for their live action short “The Accountant” which has been nominated for an Oscar. Attorney Pete Wilke, who is our securities expert and is Of Counsel to this firm, created the Private Placement Memorandum and handled the production legal work for the picture. I saw the film at the Austin Film Festival this past fall and it was wonderful. It was also shown at Slamdance.
"The Accountant" is a "Farm Comedy." The story centers on a dubious main character who "advises" folks on methods they might use to save the family farm from going the way of too many such farms in America. The film was shot on location in the South on 35 mm. The film, about 40 minutes in length, might best be described as a "dark comedy" that gives the viewer a whole new appreciation (or first time appreciation as the case may be) for the "Accountant's" favorite canned beverage, PBR (Pabst Blue Ribbon beer).
The website for the film is www.ginnymule.comAny source
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