Commissioning New Works

Performer Deals

Performer deals typically involve a well-known artist either performing or writing music. For example, the James Bond series often features a well-known artist writing or performing the theme song, which plays during the opening credits; Paul and Linda McCartney wrote Live and Let Die, which Paul’s band, Wings, performed; Sheena Easton performed For Your Eyes Only; Duran Duran co-wrote and performed A View To a Kill; A-Ha co-wrote and performed The Living Daylights; Bono and The Edge of U2 wrote and Tina Turner performed GoldenEye; Sheryl Crow co-wrote and performed Tomorrow Never Dies; Garbage performed The World Is Not Enough; Madonna co-wrote and performed Die Another Day; Adele co-wrote and performed Skyfall; and the list goes on. Doing music for Bond is a right of passage.

A record label must consent for its artist to perform for a film. Record labels sign artists exclusively, but may waive exclusivity for a percentage of royalties. Artists may invoke an exclusion to exclude the record company from weighing in on a project, but not all exclusions grant the scope of rights required for films[1]. If consent is granted, the record label will want some role to play in the soundtrack album deal. If the artist is a songwriter, he or she may be under an exclusive agreement with a publisher. The publisher must consent for its songwriter to write for a film. If consent is granted, the publisher will want to own publishing rights, income, or both in any songs written or composed for the film.

Composer Deals

The production company typically negotiates composer deals as a work made for hire, which work is specially ordered or commissioned for use as part of a motion picture. The company is the legal author and owner in the copyright, owns all results and proceeds of the composer’s services, administers all rights in the work, and uses the work on a royalty-free basis in the film, and any prequels, sequels, spinoffs, or remakes. In the case of independent films with modest budgets, a composer may grant the production company a license in the music, while retaining ownership in the work and its sound recording to bolster any up front fees with royalty income generated from publishing on the back end.

Fantasia

Walt Disney’s Fantasia is one of the most successful animated feature films of the last century. Its soundtrack was so innovative that it spawned the term “Fantasound,” a precursor to surround sound. Walt Disney Productions hired conductor Leopold Stokowski to arrange seven classical masterpieces and conduct the Philadelphia Orchestra[2]. Walt Disney Productions separately hired the Philadelphia Orchestra to perform six pre-existing works by Bach, Tchaikovsky, Stravinsky, Beethoven, Ponchielli, and Mussorgsky. The Hollywood Orchestra had already recorded Dukas’ The Sorcerer’s Apprentice some time prior[3]. Of the seven works, only Stravinsky’s Rite of Spring still enjoyed copyright protection in non-U.S. countries[4]. Walt Disney Productions thus licensed the rights to the composition from Stravinsky’s publisher to distribute the film in countries where it was still protected. In 1991, Walt Disney re-released Fantasia on laser disc and videocassette, which earned a windfall for the film studio followed by several lawsuits by the orchestra, conductor’s estate, and Stravinsky’s publisher.

In the Fantasia cases, courts generally ruled in favor of Walt Disney Productions. The first case brought by the orchestra alleged a joint authorship in the film[5]. If the orchestra was a joint author with the film studio, they wanted a share of profits from the 1991 release. The next case brought by the executor of the conductor’s estate alleged the video release was outside the scope of the original agreement. If interpreted narrowly, the video release would require a new agreement and corresponding fee. Finally, the music publisher alleged that the video release fell outside the scope of rights granted to the film studio. If interpreted narrowly, the film studio would owe additional licensing fees. The Pennsylvania court ruled that the orchestra’s work was made for hire; they were not joint authors and thus not entitled to a share of profits. The New York courts ruled that language was sufficiently broad in both agreements with the composer and the publisher to encompass the video release, no new agreements needed to be negotiated, and no fees paid for the new use on videocassette.

Not all courts agree on the broad interpretation shown by the Fantasia courts. A California court interpreted granting language narrowly where the parties did not expressly agree to release the musical work on videocassette[6]. Thus, absent language to the contrary, a license does not grant rights to a filmmaker for new uses. New uses typically result from technological advances in content delivery systems. Videocassettes, laser discs, and other new or developing methods of content delivery systems create opportunities for rights holders to negotiate new agreements and fees. Most licenses now contain special language that prepares for these inevitable advances. Because courts are divided whether to interpret language narrowly or broadly, the best protection is gained at the outset of the agreement.

Licensing Pre-Existing Works

There is no fair use of music in film[7]; all pre-existing works must be cleared. Some companies specialize in clearing music for film and will negotiate licenses with copyright holders, which include songwriters, publishers, and record labels. Placement of music in film is great exposure for an artist and a money maker for rights holders. Profits derive from exclusive rights acquired through federal copyright registration which grants rights holders temporary monopolies on use of registered works. It was not until 1972 that sound recordings received federal copyright protection; before that the law only protected musical works.

Musical works are licensed separately from sound recordings. Sound recordings are the recorded performance of a song. A song usually consists of lyrics and music. Thus, musical works include sheet music and lyrics, and sound recordings include the recorded performance. Thus, using music and lyrics only requires only a license in the copyright to the musical work, but using a recorded performance requires not only a license in the musical work, but also a license in the sound recording, which is embodied in the masters. For example, a karaoke scene in Beyond the Lights required a license in the musical work to reproduce the music and lyrics, but a replay of the album version of a song in the soundtrack required a license in the masters as well as the musical work to reproduce the recorded performance in the film.

Musical Works

At a very basic level authorship and ownership begins in the songwriter. Sometimes the songwriter is also the publisher, as may be the case with independent artists. More often, the publisher is a business entity, which may share copyright ownership with the writer, places the title in various forms of media, and administers both the publishers and the writer’s shares in the copyright. Thus, a basic license to access exclusive rights of a musical work will specify what rights are granted, on what terms, and for how much compensation. Film requires a special type of license called a synchronization license, which describes the function of music in film: audio aspects (music) synchronize with visual aspects (film) to project a unified image. All licenses for musical works in film require a synchronization license, whether or not the sound recording is used.

Licenses for musical works in film also require a license to perform the work publicly in non-U.S. theaters. Performance rights organizations like the American Society of Composers, Authors, & Publishers (ASCAP) stopped collecting royalties from theaters in the United States due to an antitrust ruling in 1948[8]. As a result, public performance royalties generated by films do not accrue in the United States, but serve a generous source of income in non-U.S. exhibitions. Walt Disney Productions counted on this revenue stream as a major source of income for Fantasia, but the onset of World War II prevented exhibition in Europe causing its lackluster returns in 1940.

Sound Recordings

Record labels own masters and accordingly administer master use licenses. A master use license will grant rights in the sound recording, or recorded performance of a musical work. Despite a record label, an artist may veto permission if he or she does not approve of how the music is represented. It may be aligned with a scene that contravenes his or her branding, or, it may not be viewed as a fair offer. An artist may have negotiated control mechanisms into the recording agreement to trump decisions by the record label on master use licenses. Even after a master use license is granted, certain exclusions apply. Common exclusions restrict the use of an artist’s name to screen credit only; no other uses of the artist’s name, likeness, or other personal characteristics or traits may be used to commercially exploit the film.

Making a Soundtrack Album

A great soundtrack makes a good movie, iconic. Music animates a film in the mind of a listener long after the crawl. Composure of a soundtrack album varies. The soundtrack album may, but more often does not, include music from the score. Sometimes, films release one score album and another of album of popular music. An example is the Twilight Saga, for which Carter Burwell composed the score, but also features a various artists album for each segment. Harry Potter released a series of score albums with multiple composers. Still other films artistically pair music with dialogue such as Pulp Fiction and Natural Born Killers. There are even films that release dialogue only – Fear and Loathing in Las Vegas is one.

Soundtrack Album Deals

Production companies select a record label to release the soundtrack album. The selection process factors in any featured artists and production costs. A record label with a featured artist may negotiate deals for the soundtrack, singles, or theme song. A soundtrack album is also expensive. In addition to recording and artist performance fees, costs include converting a film recording to a master[9], and re-use fees. Once selected, the production company will license the rights it has acquired in any pre-existing works or commissioned works to the record label, who makes and distributes the album.

Rights ownership in the soundtrack album is split between the record label and production company. The label generally owns the masters and licenses them to the production company. The production company owns all film and non-record rights, while the record label retains ownership in phonograph records. In this way, the production company and record label each retain ownership in rights suited to their respective businesses. Publishing is a critical deal point. A production company will prefer to administer synchronization licenses to control how the original music is used in any competing productions.

The Music Supervisor

A good music supervisor is well paid. Skills required of a music supervisor include some or all of the following: clearance, negotiating a soundtrack album deal, negotiating performer agreements, assisting in the preparation of cue sheets, and selecting a composer. A music supervisor typically works under a producer’s supervision to assist in the negotiation and documentation of all music licenses and agreements.

Cue Sheets

Cue sheets log musical works in a motion picture. The log includes the film title, film title aka, music length, production company, song title, composer, publisher, performing rights organization, timing, and usage. If there is more than one composer, or if the writer and publisher split royalties on other than a 50/50 basis, the split must be recorded. Sometimes writers prepare their own cue sheets for comparison with the music supervisor. Once completed, the cue sheet is submitted to the publisher or performing rights organization. Royalties are calculated from the cue sheet. It is critical that information represented be detailed and accurate for the rights holder to get paid.

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Grant of Rights

The grant of rights will generally consist of three main parts: (1) work made for hire; (2) assignment of rights; and, (3) moral rights waiver. These key elements provide the production company with layers of ownership in the work product of its creators. For example, if a work is not made for hire, then an assignment will transfer any rights in the work automatically to the production company. A moral rights waiver removes any possibility that a creator can prevent the production company from manipulating the work as it sees fit. Thus, ownership allows for flexibility in the creations. Distributors prefer that production companies own all rights in the work product of its creators so that they may access those rights for worldwide distribution.

Work Made For Hire

The United States Copyright Code defines a work made for hire as either a work prepared by an employee within the scope of employment, or, a work specially ordered or commissioned for use as part of a motion picture, if parties expressly agree in a written instrument that is signed by them that the work shall be considered a work made for hire[1]. Most employment agreements between creators and production companies will state in the grant of rights that the work is specially ordered or commissioned as part of a motion picture; thereby foregoing any need to dispute whether the freelancer is or is not an employee.

The default rule is a freelancer will own his or her creation unless he or she agrees to the contrary in writing[2]. An actor filmed a part for a production, which she understood was an adventure story set in ancient Arabia. Several months later, she received death threats, and an Egyptian cleric issued a fatwa calling for the death of everyone involved in the film. The producer had placed her performance with an overdub into another film offensive to Muslims. The actor filed suit and received a judgment in her favor. The court ruled that in the absence of a signed writing attesting to a work made for hire, an actor grants an implied license to the producer. If the producer uses the performance in a way so radically different from the one contemplated, the actor may assert a copyright interest in the performance and rescind the license, which sterilizes the performance[3].

If a production company asserts ownership in a creation, for which there is no executed agreement, courts examine the relationship between parties. If the relationship is that of employee and employer, then the creation is work made for hire and owned by the employer. If the relationship is that of an independent contractor, the freelancer owns the creation. Whether the creator is an employee or an independent contractor is an inquiry that is fact intensive and outcome unpredictable; therefore, it is best to clarify the relationship between parties in an executed agreement prior to commencing work to avoid a dispute, which can result in loss of ownership in rights to the work.

Courts consider the following factors in disputes over work product: (1) source of the instrumentalities and tools; (2) location of the work; (3) duration of the relationship between parties; (4) whether the hiring party has the right to assign additional projects to the hired party; (5) extent of the hired party’s discretion over when and how long to work; (6) method of payment; (7) hired party’s role in hiring and paying assistants; (8) whether work is part of the regular business of the hiring party; (9) provision of employee benefits; and, (10) tax treatment of the hired party. No one of these factors is determinative[4]. One court determined certain factors should weigh more heavily than others[5]. If work is prepared as an employee within the scope of employment, then the creation is a work made for hire and the employer owns the rights and is the legal author in the work.

Assignment

An assignment insures that rights, which do not vest solely, exclusively, and automatically, instead are assigned and transferred from the creator to the production company. Transfers are only valid if they are in writing and signed by the creator or authorized agent[6]. Recordation is optional and provides constructive notice of ownership in addition to other important benefits concerning access to rights[7]. Employment agreements are generally not recorded. Production companies may request individual assignments in which case they will likely require the creator to appoint them as the attorney-in-fact to execute transfers.

The Copyright Code provides for terminations in transfers granted by an author in a work of authorship. Since copyrights are descendible property, living heirs may terminate transfers after an author’s death; however, there are specific rules concerning how descendants must agree to terminate, when it may effect, and what constitutes valid notice[8].

Moral Rights Waiver

The United States recognizes a limited set of moral rights[9]; however they exist throughout the world. Moral rights provide creators with rights to create, to determine completeness, to withdraw, to attribution, and to integrity. In many places, moral rights are inalienable and innately ascribed to the creator. In context, moral rights entitle a creator to limit what a production company or film studio may do to alter the work, produce remakes, or sequels. Because production companies or film studios require control whether to market, sell, and distribute a film worldwide, creators typically waive moral rights.

Guild-Based Rights

A production company may or may not be a signatory. There is an approval process, which if granted will subject the production company to collective bargaining agreements with each respective guild. What a production company may or may not do with intellectual property is addressed in these agreements. The Screen Actors Guild provides circumstances in which actors’ portrayals may be “reused” by film studios. The Writers Guild Association provides “separated rights,” akin to copyrights, which allow writers to regain or exercise certain rights even when another party owns the work. The Directors Guild Association requires certain credits for directors. Production companies must review relevant provisions to insure that any particular uses of work will not violate any guild agreements.

Name and Likeness

The “name and likeness” provision addresses publicity rights. The grant of publicity rights enables the production company to advertise, publicize, and exploit the film. Publicity rights are the commercial value of an identity. Identity includes any personal characteristic or trait such as name, likeness, sobriquet, voice, image, and signature. Production companies will include a provision in their employment agreements to acquire access to publicity rights from players. For actors, the name and likeness provision is lengthy because it incorporates additional commercial applications, such as merchandising, tie-ins, and endorsements.

Other Approvals, Merchandising, Endorsements, Doubles, Dubbing, Outtakes, & Nudity

Actors probably have a higher number of issues related to consent, grant of rights, and other permissions in their employment agreements simply because there is a greater expectation upon them to sell a film. Save for a few directors or producers who are, in their own rights, celebrities, actors are the chief attraction to moviegoers. In addition to all of the above grants of rights in ownership to the work and publicity, production companies seek consent from actors for still or likeness approvals, merchandising, commercial tie-ins and endorsements, doubles, dubbing, outtakes, and nudity[10].

Approvals

Approvals include stills and likenesses. Stills are different from likenesses because the former involves an actual photographic capture of a real person, whereas the latter can be a computer-simulated image, such as CGI. Because so much of a celebrity’s life revolves around his or her image, receiving approvals for the use of such images can be the ultimate challenge. While the industry standard for turnaround of an approval is 3-5 business days, it may take several submissions before the production company receives the requisite approval.

Merchandising

Merchandising is one of the most successful ancillary businesses in motion pictures. Merchandise includes a myriad of products such as apparel, school supplies, novelties, and toys associated with the original intellectual property in a film. If an actor’s name or likeness is used in conjunction with the manufacture of merchandise, the employment agreement may provide the actor with a share of its revenue as part of compensation. Similarly, a royalty is provided where an actor’s voice is used in the soundtrack to the motion picture.

Commercial Tie-Ins; Endorsements

Actors may grant rights to use their name and likeness in connection with advertising or merchandising non-film products, commodities, services or series, with the caveat that they must first provide consent. Consent serves as an exercise of control by the actor in the event he or she does not wish to be affiliated with certain products or services. Actors may withhold consent at their sole discretion. The chief difference between commercial tie-ins and endorsements from merchandising is the former allows no profit share; while the latter serves an additional revenue stream.

Doubles, Dubbing, Outtakes, & Nudity

Actors also require consent for use of a body double, dubbing, outtakes, and nudity. Body doubles may be under less scrutiny if specialty or stunt performers. Actors, who speak foreign languages, or for whom English is not their first language, may insist on performing their own dubbing. Actors require prior, written consent for the use of outtakes, which are not shown in the film. Finally, there is a laundry list of consent items to consider when actors perform scenes requiring nudity or sexual acts. The Screen Actors’ Guild Minimum Basic Agreement requires actors receive written notice of such scenes prior to the first audition or interview, approve the appearance in writing, and approve any body doubles to be used in writing. Finally, the writing must include a general description of the depiction and sexual acts to be performed in the scene. In the event the actor has a change of heart then a body double may be used without the need for further consent. During shooting, actors require no still photography of the scene be permitted without their prior, written consent.

This concludes our overview of The Players. The next section will address The Production. Specifically, we will discuss permission to film on government and private properties, use of animals, and consent to film crowds, people, and protected elements on props. We will also take a look at telephone communications and what the law says in Georgia versus the rest of the United States.

The post Got Consent? Legal Issues in Film, Pt. 3: The Players appeared first on Morin Legal.

According to Merriam Webster, consent entered the English vocabulary in the 13th century from Latin and French. Consent means, “to give assent or approval; to agree to do or allow to do something; to give permission for something to happen or be done.” It has an abundance of synonyms; words such as agree, allow, approval, clearance, grant, license, permission, and permit all surface in the following discussion and are particularly found in the practice of law. Other words such as release may not be a synonym, but nonetheless its use evokes consent.

This article is split into five main sections by how a producer may encounter consent issues in filmmaking. Beginning with development, I discuss the story, from determining authorship to rights acquisition. Section two discusses the script and reviews clearance and title selection. The players bring up the mid section, which highlights consent in employment agreements. Section four discusses the production, from permits, to filming on location, use of animals, and releases. Saving the best for last, I discuss music in film, from commissioning new works, to working with artists, composers, publishers, record labels, and finally, music supervisors.

In each section, I will cite to case law that has surfaced since film entered the entertainment landscape. Courts interpret the law where the law is sometimes silent. My aim is to relate concepts so non-lawyers find the information useful as well as entertaining. I may also cite to statutes in an effort to educate, but will keep these footnotes in the minority where possible.

This article will publish in five separate sections over the next four weeks. If you enjoy this article, please sign up for my quarterly newsletter or follow me on social media where I will post updates with links to insertions. I will also share firm news, events, and pictures.

The Story

A story forms the foundation of a film. Stories take many forms; they can be written or spoken; they may have one or more authors; they may publish independently or as part of a collection. To develop a story, a producer must first determine the identity of its author, or authorship.

Authorship

A copyright attaches to an original work of authorship fixed in a tangible medium of expression[1]. There are eight (8) works of authorship listed under the U.S. copyright code, which include dramatic works[2], which are works intended for performance, such as plays and scripts. If a single writer completes the first draft of a script, he or she is the author and owner of that script. If another writer revises or polishes the first or subsequent drafts, then its result is a derivative work of that script. A derivative work is based upon one or more preexisting works and consists of editorial revisions, annotations, elaborations, or other modifications, which result in a complete work[3].

If two or more writers each intend to contribute parts, which then merge into an inseparable, interdependent whole, then each writer is a joint author[4] and owner[5] of that story. If each writer intends to contribute a separate, independent story, which when assembled with other stories becomes a collective work[6], then each writer is the author and owner to his or her story; however, there is an ownership interest in the collection[7]. Sin City, Love Actually, and Crash each contain vignettes that stand alone, but when combined tell even greater stories about other worlds or characters.

Screenwriters may capture stories in different phases of development. A screenwriter may pitch a story verbally to a producer, summarize the characters or plot in a written treatment, or develop a more complete script “on speculation.” Spec scripts, treatments, and pitches are preexisting works, in which screenwriters may register a federal copyright.

Federal copyright registration creates a presumption of ownership if the work is registered within five (5) years from the first date of publication[8]. Publication is the distribution of copies of a work to the public by sale or other transfer of ownership, or to a group of persons for purposes of further distribution, public performance, or public display[9]. One cannot sell or transfer what one does not own; therefore, registration of a work under the copyright law of the United States provides its applicant with ownership.

The owner of a federal copyright immediately benefits from six (6) exclusive rights[10]. Rights include the right to reproduce, prepare derivative works, distribute, perform work publicly, display work publicly, and perform sound recordings publicly by digital audio transmission. These rights derive their value in their exclusivity to the copyright owner, who has the right to exclude others from their use without permission. To access any or all of these rights, the producer must either have permission from the copyright owner or transfer ownership in the copyright to the work.

The right to exclude others lasts the duration of a copyright. Copyright duration begins from the date a work is created and lasts for the life of the author plus 70 years[11]. In the case of joint authors, copyright protection lasts for the life of the last surviving author plus 70 years[12]. If made under a work for hire or pseudonymous work, copyright protection lasts 95 years from first publication, or 120 years from creation, whichever expires first. If the identity of the author is revealed in a work registered pseudonymously, the period will convert to life plus 70 years[13].

Rights Acquisition

Producers generally prefer to acquire ownership in all audiovisual and allied rights to a preexisting work. Ownership is acquired through a transactional document, which is signed by the copyright owner and producer[14]. The writer remains the author in the preexisting work, but the producer now owns the motion picture and neighboring rights to develop it.

Preexisting works include include pitches, treatments, and spec scripts, as well as literary works not written for the screen such as novels. While most screenwriters seek relationships with producers, most novelists do not. Authors in literary works will more often have a relationship with a publisher. Publishers typically possess the authority to bargain motion picture rights on behalf of the author whom they represent by way of a publishing deal.

Authors or publishers will commonly reserve rights to all print, audio, and electronic text publication of the story, radio rights, stage rights, sound recorded rights in the case of audio books, and all rights, including those granted to the producer, in any sequels. Reserved rights enable the author or publisher to exploit the story in its original medium while accessing new audiences in motion pictures and other audiovisual mediums of expression.

The producer may hire additional writers to develop the script. These writers will generally agree to a work for hire agreement[15], which is a written document signed by both writer and producer that cedes ownership and authorship in the work to the producer[16], who specially orders or commissions the work as part of a motion picture. There is an exception for Writer’s Guild Association members, whose Minimum Basic Agreement provides “separated rights” that allow them under certain circumstances to regain or exercise certain rights akin to copyrights.

Rights Termination

Unlike a work made for hire, a transfer of rights can be terminated[17]. Termination need not be effected by the author, the author’s heirs may effect termination upon the author’s decease. Thus, there is a risk that at some point in the future transferred rights will terminate and revert to the author or author’s heirs. Copyright law provides producers, who lose their rights, with the right to reproduce, perform, or distribute a work created while under the authority of a transfer, but it will prohibit any new works, such as remakes or sequels[18].

Public Domain

Stories in the public domain are free to use. A story enters the public domain if its copyright expires, though for older stories other conditions exist which may thrust it into the public domain. An example of a story in the public domain because its copyright expired is most of Sir Arthur Conan Doyle’s Sherlock Holmes[19]. What is public domain in the United States may be copyrighted in a non-U.S. country. If a film requires the rights to distribute worldwide, then confirmation the story, which it is based upon, is public domain worldwide is essential.

True Stories

A copyright is an original work of authorship fixed in a tangible medium of expression. Expression is protected, not the idea or concept on which it is based. If I want to tell a true story, I am free to do so as long as my source material is not protected. Primary sources such as public records, court transcripts, witness testimonies, or trial documents are objective facts. Secondary sources such as books, autobiographies, or articles, are subjective interpretations of facts, and are therefore expressions, which may be copyrighted and if so, require consent.

Pitfalls exist when developing a true story that an entertainment attorney and insurance carrier will help the producer to identify. If a story is based in secondary sources, there is rights acquisition. If a story embellishes facts, there is possible defamation. If real names are used or private, embarrassing facts revealed, there is a chance of a privacy claim. If names are used commercially without permission, then a publicity claim might arise. To obtain errors and omissions insurance coverage, the producer must reduce or remove risk entirely.

Everything in Writing

Everything agreed to must be in writing to provide insurance carriers with clear chain of title. Clear chain of title requires documents that trace ownership in the story to the producer. In the case of a preexisting work, an assignment will record the transfer of motion picture rights from its author(s) to the producer. Assignments are accompanied by purchase agreements, or options. Option agreements document the interest in the preexisting work. If a preexisting work involves a publisher, then a release provides evidence the publisher releases all claims to the motion picture rights and consents that the producer reprint portions of text in print publication for advertising, publicizing, or exploiting the film.

In contrast, true stories that are based in primary sources require no assignment. The risk in true stories is working with people’s identities. Thus, a life rights agreement will insure the producer has permission to tell a true story without concern of a claim of defamation, or a violation of privacy or publicity rights arising from the film. If the true story pulls from secondary sources, then the producer may use both a life rights agreement and an option agreement with an assignment for any portion of the story based in copyrighted work.

Cautionary Tales

Authors may grant general but not specific rights. Warner Brothers Pictures learned a hard lesson when a character in their film, Maltese Falcon, subsequently appeared on television because the author licensed character rights in Sam Spade to CBS. The court found the film studio acquired rights to the general story, but not its characters; thus, the author was free to license those rights to third parties. Thus, rights not expressly granted in an agreement are not granted, but rather are reserved to the grantor, or author of the story[20].

Authors may bargain for reversion rights that specify conditions, which if met, terminate rights. In one case an author and film studio agreed to a completion deadline or the studio’s rights would revert to the author. The court found for RKO Teleradio Pictures, who only made minor changes after the deadline; thus, the author lost the case. This case established that a motion picture is complete when all photography and editing are done, musical score affixed, certificate of approval obtained, and the picture may be publicly exhibited[21].

Now that you have your story, it is time to clear the script! Script clearance includes personal rights and intellectual property rights. It is also time to select a title. Title selection is governed by trademarks, unfair competition, and through contract agreements by film professionals.

The post Got Consent? Legal Issues in Film, Pt. 1: The Story appeared first on Morin Legal.