Blog Watch: Bart and Fleming Team on BF Deal Memo

Thompson On Hollywood

Turns out he's soft-launched a new blog, BF Deal Memo , enlisting the aid of New York Variety newshound Michael Fleming. I was wondering why Variety's Peter Bart hadn't blogged since May 21. That's where all his posts have been going. What Bart writes is choice, but he doesn't post that often. He's a busy man.) Fleming breaks big news in the trade all the time; even if he only posts a short version of those stories--see this item about Tom Cruise and J.J.

Contracts must prohibit sexual harassment in the entertainment workplace.

Gordon P. Firemark

So, here's my call to action to all my clients, fellow lawyers, and to the entire community: Every deal, every transaction, every business activity must, from this day forward , confront the issue of sexual harassment head-on and include a provision declaring sexual harassment unacceptable, a breach of contract, and grounds for immediate termination. . It's a tragedy that the headline of this story even needed to be written. But it did. Desperately.

Answer to Controlled Compositions Pt. 1

Music Technology Policy

1Example:The deal memo for your record deal has this section:Controlled Compositions: 10 x 3/4, 5 on EP, 2 on Single, bumps to 87.5 This is the worksheet for the controlled compositions problem posed in Controlled Compositions Pt. and full at gold and platinum, full on digital and club, 3/4 of 3/4 on mid and budget, protection for 2 outside, rate fixed on delivery, no crossing, paid on royalty

Domestic Distribution Part III, Home Video Formulas

Entertainment Law Resources Blog

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 filmmaker. A third type of deal is known as a “royalty deal,” where the filmmaker gets a percentage of the wholesale price of every DVD sold.

Independent New Media Productions

Digital Media Law

So, disagreements that a performer may have with this agreement simply don’t relate to the compromises in the new TV/theatrical deal. So, rather than relying simply on the minimum wage law, it would be a good idea for the performer to include an explicit wage in the SAG new media deal memo with the producer (or a rider), even if the wage is just $8 per hour. There are casting notices out there for SAG new media productions under the “SAG New Media Contract.”

Chorus Line Dancers Make A New Deal

DealFatigue

Although “A Chorus Line&# opened on Broadway over thirty years ago, the dancers who signed away their life story rights as the basis for the musical back in 1974 recently renegotiated the terms of their deal. The “Chorus Line&# renegotiation provides broader implications to deal making for two reasons: 1. Leverage only comes from immediately recognizing the other party’s needs and fears in a particular deal and then effectively using that leverage in negotiations.

Deal 108

Chorus Line Dancers Make A New Deal

DealFatigue

Although “A Chorus Line” opened on Broadway over thirty years ago, the dancers who signed away their life story rights as the basis for the musical back in 1974 recently renegotiated the terms of their deal. The “Chorus Line” renegotiation provides broader implications to deal making for two reasons: 1. I suspect the 16-month lag in closing this deal was due in part to those detracting elements on the dancers’ side of the equation.

Deal 100

Twenty More Questions for Artists: Record producer agreements, Part 13: Contingencies and Fan Funding

Music Technology Policy

You will not have the structure of the record company to protect you on enforcing terms so it would probably be a very, very good idea to have at least a signed deal memo with your producer that grants you the rights in the recording—see the discussion of the joint authorship problem in this article. Please note: This is an installment in a multi-part post. Each post has information relevant to prior posts, so until we get to the “Final” there will be more information to come.

DOMESTIC DISTRIBUTION PART I

Entertainment Law Resources Blog

Now let's turn to domestic deals. However, many domestic deals also encompass the Bahamas, Bermuda, Saba Island, St. Simply because certain television channels have satellite footprints that cover these areas, and licensors demand these rights be included in any deal. It is customary for independent producers to enter into separate foreign and domestic deals. So it can be difficult to tell what kind of distributor they are dealing with.

Entertainment Law Resources Blog - Untitled Article

Entertainment Law Resources Blog

It was a terrible deal for the filmmaker. Every time a lawyer thinks that his client has been taken advantage of, he tries to clarify matters in the next deal by being even more explicit. A deal memo addresses the major issues without spelling out the details. Tintin a Hit Congratulations to our client Moulinsart SA on the success of the movie version of its classic comic book series Tintin.

Entertainment Law Resources Blog - Untitled Article

Entertainment Law Resources Blog

It was a terrible deal for the filmmaker. Every time a lawyer thinks that his client has been taken advantage of, he tries to clarify matters in the next deal by being even more explicit. A deal memo addresses the major issues without spelling out the details. Tintin a Hit Congratulations to our client Moulinsart SA on the success of the movie version of its classic comic book series Tintin.

Frequently Asked Questions: Contracts

Entertainment Law Resources Blog

Looking back, I now realize it was a foolish deal to sign. Most talent agreements provide that even if the talent negotiates a deal directly, the deal is commissionable by the agent as long as the agency agreement remains in force. Depending upon how net profits are defined, it may amount to a great deal, or nothing. Question: Can you either post a sample "deal memo" for optioning a work or refer a website that would have that information?

Frequently Asked Questions: Directing

Entertainment Law Resources Blog

Also, does "Contracts for the Film and Television Industry" contain contracts/deal memos that pertain to deferred/contingent methods of payment? I will only be able to pay my cast and crew if I get some sort of distribution deal down the road. Question: I'm aware the DGA and SAG have Low Budget Agreement deals that work to the benefit of the independent producer. Are you aware of any similar deals offered by the unions for cinematographers and sound-recorders?

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Frequently Asked Questions: General Questions

Entertainment Law Resources Blog

Second, you should always insist on a written contract or deal memo covering the essential terms of the deal. Unless there was some agreement for this person to reimburse you for your attorney fees in the event the deal fell through, I don't see any basis for a claim. Answers from Mark Litwak, Attorney At Law. DISCLAIMER: The information provided here is intended to provide general information and does not constitute legal advice.