Trouble from People Portrayed in Your Work, Part II

The right of publicity is the right of individuals to control the use of their name and likeness in a commercial setting. You cannot place an image of another person on your brand of pickles without their permission. Celebrities can earn large fees from this right by endorsing products. Some …

The trouble from people portrayed in your work

As an entertainment attorney, I am often called upon to assist writers who have gotten themselves into trouble because they do not understand how their work may infringe the rights of others. A writer who learns the fine points of the law through trial and error is receiving …

Sherlock Holmes and the Case of the Public Domain

In a suit filed recently in federal court in Chicago[1], a top Sherlock Holmes scholar alleged that many licensing fees paid to the Arthur Conan Doyle estate have been unnecessary, since the main characters and elements of their story derive from materials in the public domain. The suit was brought …

Hobbit Titles: An Unexpected Journey in Confusion

Warner Brothers, New Line, and its affiliates (“Plaintiffs”) recently achieved a rare courtroom victory by obtaining a court order restraining distribution of a film they claimed unfairly competed with one of its titles. The target of their ire was The Global Asylum’s (“Asylum”) film The Age of Hobbits. Asylum was …

Domestic Distribution Part 3: Home Video Formulas

There are many formulas for home video deals, but most fall within three patterns. The first deal allows the distributor to retain a percentage of Gross Receipts as a distribution fee, and to recoup certain designated marketing expenses from film revenues, with the remaining balance, if any, paid to the …

Domestic Distribution Part 2

The goal for many filmmakers is nothing less than to see their film shown in a theater.   Theatrical distributors typically advance all marketing and distribution costs and, for highly desirable films, may provide the producer with an advance payment or minimum guarantee (“MG”). These payments are recoupable but not refundable. …

Update On Soliciting Investors

The Jumpstart Our Business Startups Act (the “JOBS Act”) was enacted on April 5, 2012. It allows small businesses to enter into equity-based crowdfunding for raising up to one million dollars, without the usual burdensome requirements currently in place. These rules should be in place by early 2013.

As important as …

Domestic Distribution Guide, Part 1

In my last article I discussed foreign sales agents and their role in the distribution of independent films. Now let’s turn to domestic deals. “Domestic” is usually defined as North America, which is comprised of the USA and Canada, as well as their possessions, territories, commonwealths, protectorates and trusteeships. For …