15 February

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How to get financing for your independent film: Insights from lawyer Ernest Goodman

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....

08 February

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IP Clearance for Western Movies: Navigating Trademarks, Copyrights, and Product Placement

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

I’m a big fan of Western movies, and today we’re going to talk about something crucial in filmmaking—intellectual property (IP) clearance. Whether you're making a traditional cowboy film or a modern Western, understanding copyright and trademark issues is...

25 January

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How to Maintain Creative Control as an Independent Film Director

Posted by Ernest Goodman

in Entertainment Law

The role of a director is central to any film production, but the extent of their creative control often depends on the legal and union frameworks governing the production. If you’re a director or producer navigating a project’s relationship with the Directors Guild of America (DGA), several critical factors need to be addressed. This article explores two key questions: Can a director who is not a DGA member work on a production governed by DGA rules, and does the DGA require creative control to belong to the director? Additionally, we will address the dynamics of independent filmmaking and how ownership...

11 January

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Understanding the 35-Year Copyright Transfer Termination Right: Implications for Filmmakers

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

One of the most significant rights in U.S. copyright law, often overlooked by filmmakers, is the 35-year copyright transfer termination right under the Copyright Act of 1976. This provision allows authors (or their heirs) to reclaim rights to works they previously assigned or licensed to another party after 35 years. Here’s how it works and why it matters in filmmaking:...

03 December

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How a Project-Specific LLC Can Help in Independent Film Production Under New York Law

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Today we will talk about how to properly classify workers for independent film production under New York law. One of the key legal considerations for filmmakers is whether your crew, director, and screenwriters should be classified as employees or independent contractors. While New York does not use California’s AB-5 law or its stringent ABC Test, it relies on the common law of agency to determine worker classification. This makes it essential for filmmakers to carefully structure contracts and production arrangements to avoid misclassification issues....

22 December

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Screenplay Scam: The Risk of Upfront Payments to Producers, Agents, and Managers

Posted by Ernest Goodman

in Entertainment Law

In my recent interactions with new filmmakers, I've observed a concerning trend involving management contracts. These filmmakers approach me to review contracts they've been offered, which often require substantial upfront payments — typically $2,000 or more. Novice filmmakers have been approached by individuals, usually with some experience in film, who offer these services. Let's refer to them as "individuals." These contracts, supposedly for managerial services, promise to find financiers and sell screenplays, especially at prestigious venues like the American Film Market (AFM) or the Cannes Film Festival. However, these promises often verge on being scams....

03 December

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Types of Film Distribution Agreements

Posted by Ernest Goodman

in Entertainment Law

Each of these distribution deals offers distinct advantages and challenges, tailored to the varying needs of a film's production and marketing strategy. The choice of a deal is influenced by factors such as the film's budget, target audience, market trends, and the reputation of the involved parties. As the film industry continues to evolve with digital technologies and changing viewer habits, these distribution models also adapt, reflecting the dynamic nature of film distribution in the global market....

28 November

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Can an Idea be Protected Under the Law?

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The key principle in federal copyright law is the distinction between an 'idea' and its 'expression'. This law protects the expression of ideas, not the ideas themselves. For filmmakers, this means that while a general plot concept, like a romantic comedy set in New York or California, is not protected, the actual script with its unique dialogue, character development, and scene descriptions, is....

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