Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know (American Film Market Presents)

Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know (American Film Market Presents)

By: Gregory Bernstein (author)Paperback

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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.

About Author

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, West from 2004 until 2006. Since 2012, along with screenwriting, he has also taught film at Arizona State University.


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

Product Details

  • ISBN13: 9781138775794
  • Format: Paperback
  • Number Of Pages: 328
  • ID: 9781138775794
  • weight: 589
  • ISBN10: 1138775797

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