Day Three Flashcards

(28 cards)

1
Q

Amazon studios model

A

Festival and auteur films. Self distribute theatrically in US. Sell internationally to retain SVOD window.

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2
Q

Netflix model

A

$8 billion on shows per year, $6 billion producing originals.

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3
Q

Project types

A

Original/speculative, WGA non-original writer for hire, assigned material.

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4
Q

Chain of title

A

Sequence of historical transfers of the title of a property.

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5
Q

Title or idea

A

Cannot be copyrighted.

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6
Q

NDA

A

Outlines shared confidential information that is restricted from third parties.

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7
Q

Non-circumvent agreement

A

The writer may not approach financiers directly. Must be handled by producer.

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8
Q

Shopping agreement

A

The writer gives the producer exclusive rights to shop the property to potential buyers. Purchase price and producer’s fee negotiated directly with buyer.

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9
Q

Finder’s fee agreement

A

Compensation given to an intermediary.

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10
Q

Release agreement

A

Prevent procession of legal claim in exchange for money or compensation.

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11
Q

Option agreement

A

Gives the producer exclusive but temporary rights to purchase a property for an upfront fee (10% of purchase price) that is applicable to purchase price.

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12
Q

Conditions precedent

A

Event or state of affairs required before something else can occur. Involves acquisition of chain of title and underlying rights.

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13
Q

Option terms

A

Script is 12 months. Novel is 18 months.

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14
Q

Fore majeure

A

Unforeseeable circumstances that prevent a party fro fulfilling a contract.

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15
Q

Development activities

A

Control of IP and ability to fire writer.

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16
Q

Droit moral

A

Personal rights of a creator. Protects artistic integrity.

17
Q

Purchase price

A

5% of total budget. Must meet WGA minimum.

18
Q

Credit bonus

A

50%. “Story by”. Less prior applicable payments.

19
Q

Writer profit participation

A

Sole 5%. Shared 2.5%.

20
Q

Subsequent production

A

Right to write a sequel.

21
Q

Writer for hire agreement terms

A

Payer owns the script, not the writer. WGA assigned. Writing and reading periods.

22
Q

Writer for hire steps

A

Draft, revision/rewrite, polish.

23
Q

Writer for hire payment schedule

A

50% commencement, 50% delivery.

24
Q

Laws of copyright

A

Original creative expression, period has changed overtime, fixed in tangible medium of expression, exclusive signed writing, varies by country.

25
Script term post 1978
Life + 75 years.
26
Book term post 1978
95 years after publication or 120 years after creation.
27
Enforcing copyright
Show evidence of copying, evidence of accessing copyrighted property, substantial similarity.
28
Rest of provisions
Option without a purchase price.