M.E.L.O.N.

Agreeing to License Part One: Free to Roll With The Changes

by Mark A. Pearson, Esq.

The following is the first in a series of articles that will try and explain some of the pros and cons of entering into a licensing agreement in today’s entertainment industry.

As the various business models of the entertainment industry continue to reinvent themselves almost on a daily basis, one prevailing trend is the growing use of licensing.  More entertainment product is now self-produced by artists than ever before.  The “Studio System” and “Major Label” business models are quickly becoming obsolete.  It’s beyond the scope of this article to make any grand sweeping speculation as to why the industry models are changing.  Are these changes the result of the economy, backlash against the ‘old systems’, or technology changes?  The answer probably lies somewhere in the murky gray area known as “a combination of all of the above”.  The point is that change is here, and change means an influx in the use of licensing throughout the entrainment industry as the shift continues toward independent production.

Take the music industry, for example.  Under the old model, record labels hired talent evaluators to find artists, signed those artists to a recording contract, paid for the artist to record an album, created and distributed the album, and then profited off the sale of the album.  The label owned the copyright to master recordings that made up the album, and shared in the copyright of the song publishing with the songwriter.  The artist made money off of royalties paid by the label (including their advance) based on sales of the album, and on royalties paid to the songwriter by a performing rights organization (ASCAP/BMI) for use of the song.

Writers' Strike: Pt. 4 - That's a Wrap

by Howie Cockrill

After 100 days of strike, the writers and the producers have come to an agreement that will see both parties through until the next negotiation in 2011.

Both sides had to make difficult concessions, and the industry as a whole no doubt took a big hit.  The estimates range from $1.3 billion to $1.5 billion lost by the industry and dependent businesses. 

While the WGA made a number of demands throughout the course of the strike, the most ground-breaking and newsworthy were those pertaining to the writers’ share of online revenue. 

Film/TV Business: Writers' Strike Pt. 3

by Howie Cockrill

In the Part 1 and Part 2 of this article, I discussed the “who” and “what” of the current WGA strike and some of the history leading up to the current situation. 

In this article I’m going to touch on a few areas that are being affected or are affecting the WGA strike.

Copyright: The 3 "C"s - Compensation, Control & Credit

by Tony Berman

If you’ve ever been hired or hired someone to perform creative services or to create an artistic or technical work, either orally or by signing on the dotted line, this is an article you should read.

Regardless of:

• Whether the deal terms are straightforward or complex,
• Whether you’re dealing with your best friend or a faceless corporation and
• Whether the negotiating process is informal or formal –

this article will give you a FRAMEWORK for thinking about what terms are crucial to you and what is open for discussion. 

This framework is applicable to deals involving copyright, trademark, patents and publicity rights – essentially the entire spectrum of intellectual property. 

In short – if you buy, sell or trade creative services or works, and the very thought of negotiating a deal gives you a massive migraine, you need a simple way to organize the deal points in your mind. 

In addition to some aspirin, you need perspective and context.   

You need the Three C’s.

Film/TV Business: Writers' Strike Pt. 2

by Howie Cockrill

Following up on "Writers' Strike Part 1," in which I discussed the basic "who" and "what" of the current strike by the WGA against the AMPTP - this article is geared toward giving some background information to understand where the current dispute comes from.

The topics are:

• Timeline - WGA and AMPTP
• 1960 WGA Strike
• 1988 WGA Strike

Film/TV Business: Writers' Strike Pt. 1

by Howie Cockrill, Esq.

If you watch television, live in Los Angeles, read Entertainment Weekly, are in the entertainment industry or know someone who is – chances are you’ve heard that there’s a writer’s strike going on.

But who is involved and what do they want?  And, aside from some extra facial hair on our favorite actors and talk show hosts, what have the effects been?

This will be a multipart article giving a broad-brush, non-partisan view of the current writer’s strike  - essentially “Writer’s Strike 101.” 

Music Biz: Hit Songs & Commercials

Even though the majority of television and radio advertising commercials use music or songs written specifically for the advertising campaign, many campaigns use past or present hit songs to sell the product.

By using a hit song, the agencies attempt to capitalize on the instant recognition of the song and the continued recall of the product because of its identification with a familiar song.        

Television Biz: Writing for Television

Despite all the criticisms heaped upon the medium, television is still capable of nurturing some of the finest writing talent in the entertainment industry. Based on sheer volume alone, the regular writers for a network television show work 6 or 7 days a week approximately 11 months a year.

Yet, while the pace can be grueling, the rewards are often substantial in terms of big salaries and major recognition. Some of the finest television writers, such as James Brooks, occasionally make the leap to writing for the big screen.                

How does an aspiring writer get in the door?  Unfortunately, it is difficult to submit spec scripts to         television shows without an agent. Some shows do accept un-agented submissions, but they are in the minority. Many shows have intern positions which can provide valuable experience and access for the aspiring writer.