Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV, and Digital Media (Third Edition)

by Dina Appleton, Daniel Yankelevits

Overview

"I wish I could have had this book when I was starting out in the business. An invaluable reference work." —Alan Poul, producer, Westworld

The legal resources of studios and networks are legendary, often intimidating independent producers, writers, actors, directors, agents, and others as they try to navigate through the maze of legal details. This invaluable reference presents the interests of talent as well as the point of view of creative executives, producers, entertainment attorneys, agents and managers, and major guilds—making clear the role that each plays in the dealmaking process. Readers will find expert insights to talent and production deals for television, feature film, video, and the Internet, as well as an in-depth overview of net profits and other forms of contingent compensation. Hollywood Dealmaking, Third Edition, also addresses digital and new platforms, changes resulting from new union agreements, and the evolution in feature film back-end (profit participation) deals. In addition, this comprehensive guide includes:

• Explanations of employment deals
• Details of rights acquisition
• Basics of copyright law
• Sample contracts and forms
• Glossary of industry lingo and terminology
• And much more!

Peppered with facts on the deals of superstar players and with summaries in each section to clarify complex legal issues, Hollywood Dealmaking, Third Edition, is an essential resource for industry novices and veterans alike who want to sharpen their negotiation skills and finalize the deals they have been seeking.

Product Details

ISBN-13:	9781621536598
Publisher:	Allworth
Publication date:	07/17/2018
Sold by:	SIMON & SCHUSTER
Format:	eBook
Pages:	408
Sales rank:	980,597
File size:	2 MB
Age Range:	18 Years

About the Author

Dina Appleton is Executive Vice President of Business and Legal Affairs at Boat Rocker Media. Prior to her current position, she was senior vice president of business and legal affairs at Entertainment One Television. She has been special counsel in the Entertainment and Media Group at Sheppard Mullin Richter and Hampton, and prior to that, the head of business and legal affairs at a full-service talent and literary agency, both in Los Angeles, California. She resides in Toronto, Ontario.

Daniel Yankelevits is Executive Vice President of Legal Affairs at Sony Pictures Television. He serves on the planning committee of the USC Institute of Entertainment Law and Business and teaches a course at the USC Gould School of Law entitled "Entertainment Law & Industry." Daniel is a graduate of Harvard Law School and resides in Los Angeles, California.
Dina Appleton is currently Senior Vice President of Business and Legal Affairs at Entertainment One Television. Prior to her current position, she was special counsel in the Entertainment and Media Group at Sheppard Mullin Richter and Hampton and, prior to that, the head of business and legal affairs at a full-service talent and literary agency, both in Los Angeles, California. She resides in Toronto, Ontario.
Daniel Yankelevits is Senior Vice President of Legal Affairs at Sony Pictures Entertainment. He serves on the planning committee of the USC Institute of Entertainment Law and Business and teaches a course at the USC Gould School of Law entitled "Entertainment Law&Industry." Daniel is a graduate of Harvard Law School and resides in Los Angeles, California.

Table of Contents

Chapter 1 Introduction to the Dealmaking Process 1

The Players 1

Studio vs. Independent Producers 14

The Art of Negotiation: Tips from Industry Players 15

Chapter 2 The New Landscape 23

The Changing Landscape 23

Observations and Insight from Industry Players 26

Chapter 3 Rights and Acquisitions Agreements 51

The Option/Purchase Deal 52

Life Story Rights Agreements 68

Format Rights 75

Deal Point Summary: Rights and Acquisitions Agreements 77

Chapter 4 Feature Writer Agreements 78

Making the Deal 79

Deal Point Summary: Feature Writer Agreements 106

Chapter 5 Television Writer/Producer Agreements 108

The Economics of Television 108

Making the Deal 114

Writers on Staff 131

Overall Deals 133

Blind Script Deals 134

Deal Point Summary: Television Writer/Producer Agreements 135

Chapter 6 Feature Film and Television Director Agreements 136

Feature Directors 136

Television Directors 154

Deal Point Summary: Film and Television Director Agreements 157

Chapter 7 Film Producer Agreements 158

Services: The Producer's Role 158

Making the Deal 159

Deal Point Summary: Film Producer Agreements 172

Chapter 8 Feature Actor Agreements 173

Negotiating the Deal 173

Deal Point Summary: Feature Actor Agreements 195

Chapter 9 Television Actor Agreements 196

Negotiating the Deal 197

Renegotiation 214

Holding Deals 216

Movies for Television/Movies of the Week 217

Deal Point Summary: Television Actor Agreements 218

Chapter 10 Crew (Below-The-Line) Agreements 219

Sample Deal Memo: Feature Film Composer 223

Sample Deal Memo: Television Pilot/Series Casting Director 224

Sample Deal Memo: Music Editor, TV Series 225

Sample Deal Memo: Postproduction Supervisor, Feature Film 226

Sample Editor Agreement 226

Deal Point Summary: Crew (Below-the-Line) Agreements 231

Chapter 111 Net Profits Negotiations 232

Feature Film Net Profits 232

Key Terms 237

Negotiable Issues/Areas of Complaint 245

Gross and Adjusted Gross Receipts (AGR) 252

Television MAGR 252

Qver-the-Top Media Services 256

Accounting Statements 257

Conclusion 257

Deal Point Summary: Net Profits Negotiations 259

Chapter 12 The Basics Of Copyright Law 260

Questions about Copyright 260

The Digital Millennium Copyright Act 269

Chapter 13 Reality Television 274

What Is Reality TV? 275

Agreements for Reality TV 276

Guild Applicability 280

Chapter 14 Digital Content Agreements 282

Rights Granted: Copyright Is Key 286

Method of Transmission 287

Type of Service 289

Authorized Devices 290

Fees/Allocation of Costs 290

Barter Deals 291

Reserved Rights 292

Sublicensing 292

Security Measures 292

Term 292

Reporting Frequency 293

Warranties and Indemnities 293

Subsequent Productions 294

Consultation and Approval Rights 294

Guild Applicability 295

Deal Point Summary: Digital Content Agreements 296

Appendix A Sample Contracts/Forms 297

Certificate of Authorship/Certificate of Employment 298

Nudity Rider 300

Publishers Release 302

Materials Release/Submission Release 303

Annotation Guide 305

Personal Depiction Release 306

Life Story Option/Purchase Agreement 309

Screenplay Purchase Agreement 314

Exhibit "A" to Screenplay Purchase Agreement Short-Form Assignment 326

Shopping Agreement/Attachment Agreement 328

Pilot/Series Television Writer/Producer Agreement 331

Form of Reality Series Participant Agreement 344

Appendix B The Lingo 367

Acknowledgments 383

About the Authors 384

Index 385

Editorial Reviews

I wish I could have had this book when I was starting out in the business. An invaluable reference work.” —Alan Poul, producer, Westworld

“Hollywood Dealmaking is a clear, concise, and comprehensive look at how deals are made in our business. Because of this book, I have become more informed about what questions to ask and what to expect or demand in my own deals.” —Larry Trilling, television writer and executive producer, Goliath, Parenthood, and Alias

“. . . provides a quick understanding of everything one needs to know to negotiate Hollywood talent agreements.” —Gavin Polone, motion picture and television producer, Curb Your Enthusiasm, Gilmore Girls, Zombieland

From the Publisher