Contracts, Part 2 and Remedies & Compensation. Producers of Motion Pictures need to have many, many contracts given all the moving parts for a major production. Even smaller productions require quite a few significant legal agreements: optioning the literary work, unless it’s an original work of the filmmaker; securing rights to talent; securing rights to a composer or to individual songs, if putting together a compilation soundtrack; understanding union agreements required by the WGA or DGA and/or SAG/AFTRA. Probably the most significant issue will be financing agreements as the risks associated with motion pictures are very high and the return very, very speculative Can contracts be discharged in bankruptcy? In Re Taylor (this is James Taylor who was in Kool & the Gang, not the other James Taylor) and In Re Watkins (a member of TLC) Each case involves an attempt to end their contracts in bankruptcy.
Assignment: Read these two cases and write a paragraph or two about discharging contracts by declaring bankruptcy. Is this fair? Can you find other artists, actors film companies or creatives who used bankruptcy as a weapon?
Remedies and Compensation/”Hollywood Accounting!” We will look at some of the issues surrounding payments (or the failure of payments) and lawsuits that have resulted. We will also explore other remedies in legal disputes: Specific Performance, “Quantum Meruit” Negative Injunctions. We will examine the following cases: Buchwald v. Paramount Pictures – this is actually a series of 3 cases involving humorist Art Buchwald’s attempt to get paid for “Coming to America”; Batfilm Productions v. Warner Bros.; Parker v. 20th Century Fox Film Corp., This Is Me, Inc. v. Taylor; Student Law firm presentation on Buchwald and other compensation cases including Batfilm and others. Accountings often are the subject of bitter fights between artists/producers and the studio they are working for and between recording artists and their record companies. A new accounting debate is brewing in on-demand streaming where a French company, Deezer, has announced they will use a “user-centric” accounting method which many feel will be more fair to independent and smaller artists. Other services like Spotify and Apple have not adopted this method and use a more generic “rough justice” approach.
Assignment: See if you can find an article that discusses the user-centric accounting method. Briefly describe it’s purported advantages. What, if any, are its downside?
Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.
You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.
Read moreEach paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.
Read moreThanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.
Read moreYour email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.
Read moreBy sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.
Read more