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Legal Ease

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LEGAL EASE: If historical events/figures are open game for the public to write about, when is it necessary to secure nonfiction book rights? (6/06/2011)

Q: I read in the trades that Fox bought the rights to the nonfiction book The Floor of Heaven which is based on an historical figure during an historical event. If historical events/figures are open game for the public to write about, when is it -- continue reading →

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LEGAL EASE: Why should I secure nonfiction book rights when it comes to historical events and figures? (5/06/2011)

Q: I read in the trades that a studio bought the rights to a nonfiction book based on a historical figure during the Gold Rush – Deadline. If historical events/figures are open game for the public to write about, when is it necessary to secure -- continue reading →

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LEGAL EASE: What Copyright Rules Apply if I Record a Live Show for My Film? (4/26/2011)

Q: I’m a documentarian.  If I were to record a live show as part of a documentary – audio and visual – am I free to use it even if there’s live music being played in the background? A: Look, I’m no math magician, but -- continue reading →

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LEGAL EASE: So…what exactly is ‘Pay or Play’? (4/04/2011)

Q: I’ll keep this brief to avoid boring you to death. From my understanding, a pay or play agreement means an actor will attach themselves to the project, but if the film never makes it to production, at least the actor will still get paid. So basically, -- continue reading →

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LEGAL EASE: How Do I Get My Film Off YouTube? (3/21/2011)

Q: I created a short film in film school that I’m trying to turn into a full-length feature.  I set up a website that allows people to watch the film (I’m sending potential investors there instead of handing out DVDs).  A buddy just sent me -- continue reading →

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LEGAL EASE: What exactly are “Defined Net Proceeds”? (3/12/2011)

Q: My writing partner and I sold a script to a studio. We’ll share 5% of the “defined net proceeds.”Our manager says this means we’ll get a shot at making money if the movie is a big success, but he couldn’t explain the details.The contract -- continue reading →

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LEGAL EASE: Am I okay to proceed with a script based on a book I covered for someone else? (3/04/2011)

Q: A few months ago, I wrote coverage on a non-fiction book for a production company. Now, I’m interested in writing a screenplay on the same subject matter. If I sell the script to another studio, can the production company sue me?  Granted, it deals with -- continue reading →

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LEGAL EASE: How do I protect myself from idea theft? (2/17/2011)

Q:  I’ve got what I think is a great idea for a script. I haven’t written anything yet but have a meeting with a producer about a different project and would like to run my idea by him.  While I have a working relationship with -- continue reading →

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LEGAL EASE: What are the rules for making a remake based on a classic film in the public domain? (1/31/2011)

Q:  What are the rules for making a remake based on a classic film that has fallen into the public domain?  Do the elements of the script fall into the public domain automatically?  The film is based on a novel, which is also in the -- continue reading →

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LEGAL EASE: It seems like every contract has an indemnity provision attached to it…what does that mean? (1/24/2011)

Q:  I see an “indemnity” provision in every single one of my agreements and have never really understood what it means… what does it mean? A: I’ve seen Mulholland Drive six times and have never really understood what it means. That doesn’t stop me from watching -- continue reading →

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