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Showing posts with the label Fair Use

PRODUCTION TIPS: Clear the Script and Get Permission BEFORE Shooting

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There is alot wrong in this picture according to CBS/Paramount. Maybe you've heard about the Star Trek fans lawsuit? In January 2016, CBS and According to The Wrap , Paramount sued  “ producer Alec Peters of Axanar Productions for copyright infringement... The suit concerns “Axanar” and the prequel film “Prelude to Axanar,” collectively referred to as “the ‘Axanar’ Works. ”  “The ‘Axanar’ Works infringes plaintiffs’ works by using innumerable copyrighted elements of ‘Star Trek,’ including its settings, characters, species, and themes,” the complaint reads. CBS and Paramount are seeking up to $150,000 for every copyrighted “Star Trek” element present in the films. ” I admire the love, devotion and skill Peters has demonstrated with the making of the 'Axanar Works' but he doesn't seem to have a strong defense, even if he cites "fair use." The fair use doctrine would provide protection if he were making a parody like this In Living Color "Star Trek&qu

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 2

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The second article of a 3-part series In part 1 , we looked at the reality and possibility of being sued for creating art and entertainment followed by ways to avoid legal problems with the script and other artworks used in making the film.  As we all know, the main (but not only)  reason why you as a producer would hire a lawyer is to avoid lawsuits.  Although it might not seem like it when you are itemizing your production budget, it is money well-spent (provided you get a good lawyer).  However, in this day, age and economy, there are filmmakers who literally have no budget. But even without a budget, you are still vulnerable to lawsuits so you need to do what you can to protect and defend yourself.  That's why I place so much emphasis on documenting everything you do and keeping it in a safe, accessible place.  This protects you and minimizes the risks you face.  In part 2, let's look at what you can do when dealing with actors, crew, locations, children, music, trade

PRODUCTION TIPS: It's Better to Avoid a Lawsuit Than to Win One pt. 1

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The first article in a 3-part series. The main reason why producers hire lawyers is to avoid lawsuits.  However, a good production lawyer can offer more than that. For example, she can help formulate a strategy to take the film on a successful festival run or negotiate a deal at a film market or lend a project some legitimacy or advise on how to attract and raise the necessary funding or even provide some creative feedback that could be crucial to the production's success. But no lawyer kids themselves into thinking those are their main selling points... they know that while they can do all that and a bag o'chips, the main reason producers hire lawyers is to avoid a lawsuit (or so that the distributor or studio who buys the film avoids a lawsuit). So hiring a lawyer should be a no-brainer, right? But the truth is it doesn't happen.  And the biggest reason why is that lawyers cost too much.  Now that's a reasonable excuse because lawyers ARE expensive.  But only t

CASE STUDY: Top 13 Stories, Trends and Legal Decisions in Film/TV for 2013

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​ on loan from Short of the Week - see their 2013 list of shorts 2013 winds its way to a close and we are wiser, wealthier or both.  Hopefully.  Wealth is never a guarantee for the veteran filmmaker let alone the first-timer. And, as a result, the wisdom gained can be bittersweet.  Nevertheless, as a weird mix of artist and entrepreneur, the wealth and wisdom we attain can be measured and classified in a variety of blessed ways.  Wealth and wisdom in practical knowledge, local connections and production experience are valuable indeed. We live and work in interesting times and the tech we use and watch, the society we live and practice in and the tactics and strategies we employ are ever changing taking our beloved art form to strange places. And until the end of time or until film as an art form is supplanted, each year brings something new that mattered in film and TV; whether its a modification of something old for new times or something simply brand new and unexpected.