Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know

1. Auflage 2015
ISBN: 978-1-138-77643-2
Verlag: TAYLOR & FRANCIS

Buch, Englisch, 314 Seiten, Format (B × H): 191 mm x 239 mm, Gewicht: 748 g

Reihe: American Film Market Presents

Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know is an indispensable guide to the business aspects of the entertainment industry, providing the legal expertise you need to break in and to succeed. Written in a clear and engaging tone, this book covers the essential topics in a thorough but reader-friendly manner and includes plenty of real-world examples that bring business and legal concepts to life. Whether you want to direct, produce, write, edit, photograph or act in movies, this book covers how to find work in your chosen field and examines the key provisions in employment agreements for creative personnel. If you want to make films independently, you’ll find advice on where to look for financing, what kinds of deals might be made in the course of production, and important information on insurance, releases, and licenses.

Other topics covered include:

Hollywood’s growth and the current conglomerates that own most of the media

How specific entertainment companies operate, including facts about particular studios and employee tasks.

How studios develop projects, manage production, seek out independent films, and engage in marketing and distribution

The kinds of revenues studios earn and how they account for these revenues

How television networks and new media-delivery companies like Netflix operate and where the digital revolution might take those who will one day work in the film and TV business

As an award- winning screenwriter and entertainment attorney, Gregory Bernstein give us an inside look at the business of entertainment. He proves that knowing what is behind filmmaking is just as important as the film itself.

Autoren/Hrsg.

Bernstein, Gregory

Inhaltsverzeichnis

ACKNOWLEDGMENTS. xiii
INTRODUCTION.1 ix

SECTION 1
Law and Entertainment. 7

Chapter 1 Copyright Law.9
Introduction 9
In the Beginning 9
What Works Qualify for Copyright Protection? 12
What Can’t Be Copyrighted? 15
When Does Copyright Ownership Begin, and What Do You
Have to Do to Secure Copyright Ownership? 24
What Specific Rights Do Copyright Owners Receive? 25
Joint Works 30
Work for Hire 32
How Long Does Copyright Last? 33
Copyright Infringement 35
Fair Use 41
Chapter 2 Music Copyright.55
Introduction 55
Music and Copyright Law 56
Music Publishing 63
Licenses 64
Chapter 3 Copyright and Piracy.71
Introduction 71
The Betamax Case 72
Napster and Grokster 74
YouTube and the Digital Millennium Copyright Act 77
Morality and Digital Piracy 78
Chapter 4 International Copyright.83
The Berne Convention 83
Moral Rights 84
Chapter 5 First Amendment Law.87
Introduction 87
Entertainment and "Speech" 88
Obscenity 90


x Contents



Indecent Speech 91
The Internet and Indecent Speech 93
Violence in Entertainment 94
Voluntary Censorship 96
Libel and Slander 99
Invasion of Privacy 103
Defamation and Invasion of Privacy: Life Rights Agreements 106


SECTION 2
Entertainment Companies: Growth and Power. 115

Chapter 6 The FCC and Government Regulation of the Media.117
Introduction 117
Vertical and Horizontal Integration 118
The FCC: Basics 119
The Right to Broadcast 120
FCC Media Ownership Rules: 1934–1980 121
Film Regulation: 1934–1980 123
TV and Film Regulation Since 1980 123
Regulation: Where We Are Today 126
Chapter 7 Media Growth and Ownership.127
Introduction 127
Film: The First Few Decades 128
The Early Days of Radio and Television 132
Media Conglomeration 135
Media Ownership Today 143
The Impact of Media Conglomeration 146
Chapter 8 Unions, Agents and Managers.153
Entertainment Unions 153
Agents and Managers 163


SECTION 3
What Studios Do. 171

Chapter 9 Development.173
Choosing Ideas 173
Studio Film Development 179
Television Development 181
Some Thoughts About Development Hell 183
The End of Development 184
Which Studio Departments Manage Development? 185
Production and Post-Production: The Filmmakers
Take Over 187
Chapter 10 Distribution.191
Introduction 191
The Cost of Film Distribution 191


Contents xi



Distribution Strategy 193
Distribution Personnel and Activities 194
Following the Money 195
The Impact of High Distribution Costs 197
Television Distribution 199
Internet Distribution 204
Other Studio Departments 204


SECTION 4
Money and Contracts. 209
A Few Words About the Negotiating Process 210
Chapter 11 Gross and Net Proceeds.213
Introduction 213
Film Accounting: When is a Film "Profitable"? 213
Gross Proceeds and Net Proceeds 214
Chapter 12 Entertainment Contracts.227
Introduction 227
Rights Agreements: Option/Purchase Contracts 227
Agreements for Screenwriters 239
Agreements for Directors 244
Agreements for Actors 249
Agreements for Producers 252
Chapter 13 Independent Film Development, Financing,
Contracts and Distribution.263
Introduction 263
Development 263
Film Financing 264
Television Financing 268
Negotiating Contracts with Independent Filmmakers 269
Film Distribution 270
Film Finance and Distribution Deals 271


SECTION 5
Voices. 277

Chapter 14 Making It Into the Business.279




Hamilton Sterling 287
Dana Lustig 290
Maureen Tunney 293


INDEX. 297

Über Autor(innen)

Gregory Bernstein has worked in the entertainment business for the past 33 years from both the business and creative sides -- as an entertainment attorney, studio business affairs executive, WGA union senior executive, and award-winning screenwriter.

After graduating from the UCLA Law School in 1980, Bernstein practiced entertainment law for two years at O’Melveny & Myers, an international law firm.He then worked for six years as vice-president of business affairs at Columbia and Tri-Star Pictures, negotiating more than a hundred acting, directing, producing, writing, rights, financing and distribution agreements.Following his studio executive years, Bernstein enrolled in the film directing program at the American Film Institute where he earned an MFA degree. Since leaving AFI, he has received writing credit on three films: The Conspirator, which was released in 2011 and directed by Robert Redford, and for which he was awarded the Humanitas Prize; Trial and Error, which starred Charlize Theron, Michael Richards and Jeff Daniels; and Call Me Claus, which starred Whoopi Goldberg. He has also sold scripts to Disney and Dreamworks. In 2003, Bernstein took a sabbatical from writing and entered the Kennedy School of Government at Harvard University where he received a master’s degree in public administration. Upon returning to Los Angeles, he served as the assistant executive director of the Writers Guild of America, Westfrom 2004 until 2006. Since 2012, along with screenwriting, he has also taught film at Arizona State University.