Summary
Taught by top entertainment attorney Thomas A. Crowell, Esq. who's clients have worked with MARVEL, Starz, Discovery & more!
Feature films, documentaries, biopics, book adaptations, and sequels/prequels are all very different from each other, but they share a fundamental legal necessity: the need to acquire certain intellectual property rights in order to make the film. Whether it’s a fictional character or a real-life person; a novel, play, comic book, movie, TV show, or web series if you don’t own or control the underlying rights your film may end up in litigation rather than the theaters.
This webinar will introduce you to basic intellectual property concepts and walk-through the key agreements and licensing language you will need when you are making a film based upon somebody else’s property or persona.
Too often filmmakers “shoot first and get permission later.”
This might be fine for scenes which can be cut if you can’t get the rights but is disastrous when your entire movie depends upon a copyright or life story that you have not effectively licensed. Intellectual property can be complex, and confusing, and the failure to include the right licensing language may result in a film that can never be distributed. To make matters even more complicated, conscientious producers often pull forms from the web that are not designed for their particular projects.
In this Stage 32 webinar you will learn from one of the top entertainment attorneys in the industry, Thomas A. Crowell, Esq. A former television producer and director of development for STN, Mr. Crowell counsels clients on a wide range of entertainment law and intellectual property rights issues. He has worked with clients who have had deals with TLC, Elsevier Publishing, Starz, Discovery Communications, Focal Press, the Smithsonian Network, WE: The Women's Entertainment Network, The Science Technology Network, IDW Publishing, and Sony Entertainment. His clients' work is seen in the pages of Marvel and DC Comics and on movie, TV, computer, and mobile screens across the world.
He will teach you how to spot problems with licensing agreements, learn what agreements are needed in order to license copyright and “life rights,” and learn how to investigate and correct breaks in a film’s “chain of title.”
You will walk away feeling confident that you have the correct copyrights in place for your project!
Praise for Thomas:
"Thomas is great. I love a producer turned attorney because of the insight they can provide into various situations and life rights are so much more common in documentary than in narrative storytelling; so I appreciate his view on what this group of rights is and how to approach a life rights deal." -- David S.
"Flowing with knowledge and apparent honesty, an excellent workout for the nuance of the topic , information I'm certain to deal with." -- Chris Z.
What You'll Learn
An Introduction to Copyright
- What is a copyright? Why is it important?
- What are copyright “derivative rights”?
- Fair use, the public domain, and creative commons copyrights
An Introduction to “Life Rights”
- What are “life rights”? Do they even exist?
- Defamation and privacy torts
- Waivers and consultation rights
The Right Contracts for the Right Job
- The option/purchase agreement
- The shopping agreement
- The holding agreement
The Language of Licensing
- Term
- Licenses and assignments
- Exclusivity
- Representations, warranties, and indemnification
- Compensation
- Remedies and “no injunction” provisions
- Consultation rights and approvals
- Permissions and waivers
- Carveouts
- First look/last refusal
- Holdbacks and “freezing” rights
Building a strong “chain of title”
- What is a “chain of title”?
- How do you research and find the copyright owner?
- How do you register copyrights?
- Recording your licensing agreements with the copyright office
- Issue spotting breaks in the chain of title and how to fix them
Special Issues
- The documentary film and biopic
- The comic book property
Q&A with Thomas
THIS PRESENTATION HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE LEGAL ADVICE OR A LEGAL OPINION. PLEASE BE AWARE THAT QUESTIONS YOU RAISE DURING THE WORKSHOP ARE NOT CONFIDENTIAL. ONLY YOUR ATTORNEY CAN ADVISE YOU WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC CASE AND SITUATION.
Who Should Attend
All levels of directors (advanced, intermediate and beginner) looking to learn the range of entertainment law and intellectual property rights issues.
All levels of writers (advanced, intermediate and beginner) looking to learn the range of entertainment law and intellectual property rights issues.
Producers looking to learn the range of entertainment law and intellectual property rights issues.
Actors looking to learn the range of entertainment law and intellectual property rights issues.
Executive
Thomas A. Crowell, Esq. is an entertainment and intellectual property attorney and partner with the New York law firm of LaneCrowell, LLP. A former television producer and director of development for STN, Thomas counsels clients on a wide range of entertainment law and intellectual property rights issues. He has worked with clients who have had deals with Sony, Starz, TLC, Elsevier Publishing, Discovery Communications, Focal Press, Smithsonian Network, WE: The Women's Entertainment Network, The Science Technology Network, and IDW Publishing. His clients' work is seen in the pages of Marvel and DC Comics and on movie, TV, computer, and mobile screens worldwide.
A frequent columnist for film industry publications, Mr. Crowell is also the author of a best-selling legal guide for independent producers, THE POCKET LAWYER FOR FILMMAKERS, adopted as a core textbook in many film and law schools across the US. His latest book, THE POCKET LAWYER FOR COMIC BOOK CREATORS, is the first dedicated legal guide for the comic book industry. He currently serves as a series editor for Focal Press and its new line of legal guides for artists.
Testimonials
Praise for Thomas:
"Thomas is great. I love a producer turned attorney because of the insight they can provide into various situations and life rights are so much more common in documentary than in narrative storytelling; so I appreciate his view on what this group of rights is and how to approach a life rights deal." -- David S.
"Flowing with knowledge and apparent honesty, an excellent workout for the nuance of the topic , information I'm certain to deal with." -- Chris Z.