Legal

Independent Filmmaker Project

Filmmaker’s Bill of Rights

by Mark Litwak on December 5, 2014

A reputable distributor should be willing to accept terms that protect a filmmaker’s interests. Many such provisions do not cost the distributor anything as long as the distributor lives up to the terms of its contract. A provision for interest on late payments, for example, costs the distributor nothing as …

Supreme Court to Review “Raging Bull” Case

by Mark Litwak on November 12, 2013

The U.S. Supreme Court has granted a petition for certiorari and agreed to hear an appeal about a copyright dispute concerning the 1980 Oscar-winning boxing film “Raging Bull.” The case was one of eight cases out of more than 2,000 pending appeals that the …

SEC Proposes Crowdfunding Rules

by Mark Litwak on November 7, 2013

The Securities and Exchange Commission (“SEC”) has finally proposed, for comment, new Regulations for Crowdfunding to implement the requirements of the Jumpstart Our Business Startups Act (“JOBS Act”), enacted on April 5, 2012. More than one year overdue, the SEC has released a 585-page comprehensive report with its proposed rules …

Trouble from People Portrayed in Your Work, Part II

by Mark Litwak on June 25, 2013

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 …

Section 409A and Deferred Compensation Paid to Independent Filmmakers

by Moulton Moore on May 31, 2013

Legal issues may be the most remote worry that keeps independent filmmakers up at night.  There are often more tangible and immediate stresses: finding financing, getting film festival screenings, building positive publicity and momentum for a film, and securing distribution arrangements.  For filmmakers who have a few minutes to polish …

The trouble from people portrayed in your work

by Mark Litwak on May 20, 2013

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 …

Dealing With the Legal Woes: Advice from Entertainment Attorney Mark Litwak

by Justin Ferrato on April 24, 2013

Veteran Entertainment Attorney Mark Litwak gives valuable legal insight for every filmmaker in a new series of legal videos on IFP’s YouTube Channel and we wanted to share the a few videos to get onto your radar. Litwak has a no nonsense approach to important legal subjects such …

Sherlock Holmes and the Case of the Public Domain

by Mark Litwak on March 12, 2013

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 …

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