Today we will talk about atmorers on the film set. Firearms add realism and intensity to films, but when mishandled, they can lead to tragedy. The presence of a qualified armorer is essential for safety—and in places like California and New York, it’s also the law....
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The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....
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Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....
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Today, we're going to talk about the doctrine of work for hire in copyright law. Often, there can be situations where you think you own a copyright because the work was made for hire for you or your production company. But, in fact, contrary to what the contract states, you might own nothing. Let's explore the caveats and ways to solve this problem. Many think that just because they have a contract with artists and have paid for the work, they own the copyrights. Let's say you own a film production company and you've hired a screenwriter to write a screenplay....
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For entertainment lawyers, producers, and screenwriters operating in either New York or California, understanding these differences is crucial for structuring life story purchase agreements that minimize legal risks while ensuring enforceability. In New York, contracts tend to be more straightforward but may require additional safeguards against claims of false endorsement or defamation. Legal practitioners should ensure that any agreement includes comprehensive release clauses, indemnification provisions, and waivers of claims to prevent disputes over portrayals in films or television adaptations. In California, the negotiation process is often more complex due to its stronger right of publicity laws and posthumous protections. Life story purchase...
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When hiring minor actors for a film production, understanding the legal requirements in different states is crucial. New York and California have specific laws governing child performers, but they differ in key areas such as work permits, education, and working hours....
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Unfortunately, if your film isn't produced by Netflix, it's likely to be buried in their content library, and the same applies to Amazon. These platforms typically don't actively market films unless they're labeled as Amazon or Netflix originals. While there are distribution companies that can place your film on Netflix, significant earnings are not guaranteed. From my experience with numerous films, Netflix is often where they go to die....
Continue readingSecuring funding for a film is one of the most critical steps in production, and a well-structured Investor Agreement ensures transparency, protects both parties, and sets clear financial expectations. Whether you’re a filmmaker seeking funding or an investor looking for a solid return, understanding how these agreements work is key....
Continue readingFinanciers and distributors are pivotal in transforming screenplays into cinematic realities. However, their support comes with a caveat: a strict adherence to legal assurances. Without a certificate of clearance, these entities fear the legal repercussions of copyright infringement, which can lead to costly lawsuits and project derailments. Hence, they typically refrain from financing projects lacking this essential document....
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Selling a screenplay at a festival is about relationships, persistence, and strategic networking. Don't go expecting to sell on the spot—focus on making connections that lead to future opportunities. By researching attendees, preparing your pitch, and networking effectively, you can increase your chances of getting your screenplay into the right hands....
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