Legal Issues Workshop Spring 2010

Legal Considerations Overview Ownership Ownership Copyright Copyright Issues (& Licensing) Contracts Contracts Releases Releases Clearances Clearances

Ownership Script Script Work-for-Hire Work-for-Hire Original Original Story Rights Story Rights Copyright vs. WGA Registration Copyright vs. WGA Registration

Copyright Issues Music Music Original Original Licensed Licensed Sync Rights – to sync the music to pix Sync Rights – to sync the music to pix Performance Rights – to show the piece to an audience Performance Rights – to show the piece to an audience Master Recording License – to use a recording Master Recording License – to use a recording Mechanical Rights – to reproduce & sell copies Mechanical Rights – to reproduce & sell copies

Finding Copyrighted Music

Copyright Issues Fair Use Fair Use Purpose of the use (commerical or private) Purpose of the use (commerical or private) Nature of the work Nature of the work Amount of the portion you use Amount of the portion you use Effect of the use on the value of the original Effect of the use on the value of the original Trademark Trademark Public Domain Public Domain

Public Domain Before 1923is in PD Before 1923is in PD 1923 to 1950may not be PD 1923 to 1950may not be PD Unless original term expired before 1978 & was not renewed. Unless original term expired before 1978 & was not renewed. After 1950not in PD After 1950not in PD

Contracts Independent Contractors Independent Contractors Assignment of Rights (script) Assignment of Rights (script) Assignment of Rights (music) Assignment of Rights (music) Film Permits Film Permits Theatrical Permits Theatrical Permits Stock Footage Stock Footage

Contracts Creative Works Rights Policy Creative Works Rights Policy All Regent University students, staff and faculty agree that all right, title and interest in all medium now known or later discovered, throughout the world are automatically assigned and transferred to Regent University. This includes, but is not limited to, the copyright in and to any Project. All Regent University students, staff and faculty agree that all right, title and interest in all medium now known or later discovered, throughout the world are automatically assigned and transferred to Regent University. This includes, but is not limited to, the copyright in and to any Project. Rights License Form – to revert rights back to the student Rights License Form – to revert rights back to the student

Releases Script Release Script Release Assignment of Rights Assignment of Rights  Talent Release  Crowd Releases  Location Releases  Product Placement

Clearances Title of Project:Executive Producer: Phone: Today’s Date:Student Producer: Phone: Type of Project: (class, Adv. Motion Picture, Multi-cam) Screenwriter: Phone: Intended Distribution:Contact Info: Locale of Story:Time of Story:

Clearances Cast names that have first and last names Cast names that have first and last names Business names Business names Product names Product names Organization names Organization names Fine artwork Fine artwork Photographs Photographs Book covers Book covers Magazine covers Magazine covers Newspapers Newspapers Wallpaper Wallpaper

Clearances Bedding Bedding Posters Posters Copyrighted material Copyrighted material Trademarked material Trademarked material Stock footage Stock footage Film Clips Film Clips Television Clips Television Clips Portrayals of any well-known personalities or government officers Portrayals of any well-known personalities or government officers Derogatory references Derogatory references Telephone numbers Telephone numbers

Clearances – Other Considerations Is this story fictional or based on fact or based on another source (book, etc.) Is this story fictional or based on fact or based on another source (book, etc.) If the story is based on actual events, you need to research the following source material: If the story is based on actual events, you need to research the following source material: Newspaper reports, books, articles, court transcripts, interviews with witnesses, etc. as applicable. Newspaper reports, books, articles, court transcripts, interviews with witnesses, etc. as applicable.

Public Domain.