Day Four

Question 1

Cease and desist letter

Answer 1

Step one of copyright enforcement. Prevents from obtaining insurance on chain of title and thus financing the film.

Question 2

Legal claim

Answer 2

Step two of copyright enforcement. Access and copying.

Question 3

Invasion of privacy

Answer 3

Limits usage of public domain. Tort law.

Question 4

Tort

Answer 4

Personal liability from people not exhibiting proper care.

Question 5

Right to be left alone

Answer 5

Formulated by common law (4th amendment) and statutes.

Question 6

Appropriation of name, likeness, or identity

Answer 6

Unreasonable publicity to private life, commercial purpose, causes adverse impact, indelicate disregard placing scorn from upstanding members of society.

Question 7

Portraying a person in a “false light”

Answer 7

Defamation by implication, highly offensive to a reasonable person, publicly communicated, emotional distress not reputation.

Question 8

Defamation

Answer 8

Personal tort. Slander and libel. Must be not true, must be disparaging, must be injurious, must be public, reputation is harmed. Public figure involves actual malice, private involves negligence.

Question 9

Wrongful intrusion (peeping tom)

Answer 9

Intentional intrusion, infringement of solitude or seclusion, highly offensive to a reasonable person, causes adverse impact.

Question 10

Public disclosure of private facts

Answer 10

Offensive to a reasonable person, not newsworthy, morbid and sensational without legitimate public interest.

Question 11

Right of publicity

Answer 11

Property. Knowing use of name, likeness, photo, signature, voice directly for advertising purposes. 70 years after death.

Question 12

Transformative test

Answer 12

When changing the original content, must pay estate.

Question 13

Copyright defense

Answer 13

Fair use

Question 14

Defamation defense

Answer 14

Truth

Question 15

Invasion of privacy defense

Answer 15

Consent

Question 16

First amendment defenses

Answer 16

Free speech, art or expressive work, parody, matters of public interest, opinion.

Question 17

Incidental use

Answer 17

Did it but it was insignificant

Question 18

Life rights agreement

Answer 18

Similar to optioning script or book. Part of chain of title

Question 19

Clearances

Answer 19

Satisfying trademarks, legal risks, and E&O insurance requirements through de Forest Reports on scripts.

Question 20

Errors and omissions policy

Answer 20

Disclose claims, deductible.

Question 21

Longevity of claims

Answer 21

Property (copyright and right of publicity) outlives personal torts (defamation and invasion of privacy) and death.

Question 22

Option payments

Answer 22

Purchase price is 5% of budget, bonus, and 5% for backend.

Question 23

Packaging order

Answer 23

Director (90% of time) then talent.

Question 24

Directing fee

Answer 24

DGA minimums. 5% of budget. 20/60/10/10/

Question 25

Directing credits

Answer 25

"Directed by", "A film by".

Question 26

Directing approvals

Answer 26

Script, minimum budget, scheduling, cast, department heads, locations, distribution, cutting rights.

Question 27

Bake off

Answer 27

All parties present final cuts and the winner's cut will be chosen.

Question 28

Casting strategy

Answer 28

Casting directors have strong relationships with talent and agency as well as information on deal terms.

Question 29

Pay or play

Answer 29

Make offer directly to actor. Cannot do the movie with someone else and not pay them.

Question 30

Pay and play

Answer 30

Must pay the actor and have them act in the movie. Unable to fire actor.

Question 31

Escrowing funds

Answer 31

Money placed in third party account. Showing film is financed demonstrates pile value.

Question 32

Actors deals

Answer 32

Subject to bond company. Involves turnaround, meal penalties, etc. in accordance with SAG-AFTRA.

Question 33

Residuals

Answer 33

If project is WGA, DGA, or SAG, actors and crew must be paid residuals every time content plays somewhere on TV. 6.3% of theatrical revenues.

Question 34

Deal terms

Answer 34

SAG minimums, bumps, credit, perks.

Question 35

Schedule F

Answer 35

Flat rate at which producer does not need to worry about overtime, only turnaround. Will not incur penalties as actor is bought for run of show.

Question 36

Producer fee

Answer 36

5% of budget. Work for hire. 20/60/10/10.

Question 37

20/60/10/10

Answer 37

20% pre production, 60% production, 10% delivery of director's cut, 10% delivery final cut.

Question 38

Producer profit split

Answer 38

50/50 production-studio. Producers split with writer, director, actors and whomever else they grant points.

Question 39

Producer services

Answer 39

Production (exclusive) and pre/post production (non-exclusive).

Question 40

PGA Credits

Answer 40

Distributor/financier, first position (immediately adjacent to writer card), co-producer, associate producer, executive producer. "A production by" or "In association with".

Question 41

MFN

Answer 41

Most favored nations. Receive same as everyone else.

Question 42

Bridge financing

Answer 42

Lone made to production prior in order to provide escrow for primary production facility to close with another recognized lender.

Question 43

Strike price

Answer 43

Amount guarantor believes will be needed to complete and deliver the film.

Question 44

Completed bond agreement

Answer 44

Only after insurance, e and o, and strike price has been reached.

Question 45

CAMA

Answer 45

Account in the name of a third party collection account manager.

Question 46

Interparty agreemenet

Answer 46

Agreement between parties, which under separate terms, separately contracts with the film production company.