Our goal is to support and bring to life the vision of content creators, whether they’re working on major studio projects or independent productions. We are committed to being a trusted partner throughout the entire creative process, working across theatrical motion pictures, television series, SVOD, and animation projects. From inception to release, we deliver timely and comprehensive legal and business affairs services at every phase of production. This includes analyzing the chain of title to ensure proper ownership, acquiring the necessary rights for development, and negotiating production agreements for cast, crew, producers, and other key collaborators. Our firm has extensive experience with studios, streamers, and networks, as well as a deep understanding of the entertainment industry, allowing us to efficiently address the inevitable legal challenges and emergencies that arise during production. By handling the complexities of legal and business matters, we enable content creators to focus on their craft and achieve their creative goals with confidence.
Development & Production
Practice Areas
When a minor is employed to work on a television series, motion picture, or any entertainment project, their contract often requires court approval to ensure it complies with labor laws and protects the minor's interests. This process involves filing a "Petition to Approve Contract of Minor" with the court, which outlines the terms of the employment agreement, including working hours, compensation, and provisions for education and welfare.
The court evaluates the petition to confirm that the contract is fair and does not exploit the minor. Additionally, it ensures compliance with child labor laws, such as restrictions on work hours and mandatory allocation of a portion of the minor’s earnings to a blocked trust account (often referred to as a Coogan Account) to secure their financial future.
Our role is to assist productions with navigating this process. We ensure the petition is properly prepared, compliant with all legal requirements, and submitted on time.
In the entertainment industry, development agreements are the foundation for bringing creative projects like feature films, series, and other ventures to life. These contracts encompass various elements, including rights and format acquisitions, pilot writer agreements, non-writer executive producer deals, term agreements, and first-look arrangements. Having a skilled lawyer manage your development agreements is crucial. These contracts are pivotal in shaping your project’s success, and an experienced entertainment lawyer can safeguard your rights, negotiate equitable terms, and reduce the risk of legal disputes. At Film & Ink, we specialize in development agreements and have extensive experience working within the entertainment industry. We know the industry standards for these agreements inside and out, ensuring that every clause is clear, fair, and aligned with your creative vision and goals. With our expert legal guidance, you can focus on what matters most—your creativity—while building a strong and secure foundation for your project.
Development Agreements
We specialize in helping clients obtain the rights to written works, including books, manuscripts, and other literary creations, for purposes like publishing, adapting, or distributing content. Navigating copyright laws, contracts, and negotiations can be complex, but our expert entertainment lawyers ensure your rights are protected, legal risks are avoided, and the acquisition aligns with your creative and business goals. With our guidance, you can confidently bring your vision to life.
Acquisition of Literary Property
Above-the-Line (ATL) agreements typically involve the key creative personnel who play a significant role in shaping the vision of a project. These include directors, producers, writers, and lead actors. Below-the-Line (BTL) agreements cover the technical and support crew responsible for bringing the production to life. This includes cinematographers, editors, set designers, makeup artists, and other crew members.
Together, these agreements ensure clarity in roles, responsibilities, and compensation, fostering smoother collaboration throughout the production process. Having an experienced entertainment lawyer draft and negotiate these agreements is crucial to protect your interests, avoid potential legal pitfalls, and ensure all terms are fair and enforceable. Their expertise helps navigate the complexities of production, saving you from future disputes and costly mistakes.
Above-the-Line and Below-the-Line Production Agreements
This analysis involves reviewing agreements, contracts, and other relevant documents to determine whether a studio or producer legally holds the rights to create a derivative production, such as a prequel, sequel, remake, or spinoff. It requires a thorough examination of the agreements associated with the original work, including talent and underlying rights, as well as an analysis of any previous development and the copyright report to identify any restrictions or obligations in connection with a derivative production. These restrictions or obligations could include a first opportunity to write or direct, episodic royalties, backend compensation, or similar provisions. By ensuring the proper rights are in place, this process helps mitigate legal risks and confirms whether the production can move forward within the bounds of intellectual property laws.
Analysis of Derivative Productions: Prequels, Sequels, Remakes, and Spinoffs
Petition to Approve Contract of Minor
Chain of title analysis reviews the history of property ownership to ensure a clear and unbroken sequence of transfers. This review is crucial for a variety of needs, from entertainment projects to acquiring rights to republish an out-of-print book or satisfying conditions precedent. We help identify potential legal issues like rights disputes, previous development, or unresolved claims that could impact ownership. With our comprehensive analysis, we assist buyers, sellers, and lenders in ensuring smooth transactions and safeguarding against future complications. Whatever your reason for clearing a chain of title, trust us to protect your project’s foundation.
Chain of Title Analysis
In the context of series and motion pictures, clearances involve ensuring all necessary rights and permissions are obtained before production and distribution. This includes script clearance, where scripts are reviewed to identify and address potential legal issues such as trademarks, copyrighted materials, or personal rights. At Film & Ink, we specialize in managing these clearances, ensuring your scripts and dailies comply with all legal requirements. We also handle clip clearances for guild and music issues, providing comprehensive support for your production. Our expertise helps you avoid legal complications, so you can focus on creating great content with confidence.
Clearances
A skilled lawyer is essential for managing the day-to-day production legal work of a feature film, episodic series or unscripted project. From drafting and negotiating contracts with cast, crew, and vendors to ensuring compliance with labor laws and union regulations, their role safeguards the production from potential pitfalls. During active production, lawyers work behind the scenes, diligently handling critical legal needs such as resolving disputes or addressing union-related issues that could disrupt the workflow. They are also pivotal in responding swiftly to unexpected legal challenges, offering solutions that keep the production running smoothly. With their expertise and ability to adapt to the fast-paced demands of filming, lawyers provide producers with the confidence and legal backing necessary to focus on delivering a successful project.
