Study Guide III, CH. 6-7

MUSB 2355 LEGAL ASPECTS OF THE ENTERTAINMENT INDUSTRY

STUDY/HOMEWORK GUIDE III

by Dr. Aubrey Tucker

Mark Litwalk: Dealmaking in the Film & Television Industry, 3^rd Ed  

Chapter 6:  Employment Contracts

1. A. What is a Loan-out company?

                     B. What 3 agreements are required in a loan-out deal?

1. What are the 5 suggested steps in a screen writer’s “step deal”?

1. Describe 5 types of ways that screen writers receive compensation.

1. What are the usual splits in a net profit (points) deal?

1. What are the 8 major provisions of a Writer Employment Agreement?

1. What is a “force majeure” clause?

1. Summarize WGA Credit Arbitration

1. A. Briefly describe the director’s responsibilities

B. What time period is the director hired for?

1. A. What is the producer granted in the actor’s employment agreement?

1. Name 7 special concerns when employing child actors.

1. Spell out and briefly describe WGA, DGA and the Producers Guild

MUSB 2355 SG III p.2

1. What does it mean to write a script for hire, with all payment deferred until the film is complete?

1. Questions and Answers, 173-174

Chapter 7: “Advice for Writers, Directors and Actors”

1. I.                   WRITERS
2. TERMS (Briefly Discuss/Define):
   1. Script importance
   2. Bait
   3. Idea Theft
   4. Free Consulting Service
   5. Shopping
   6. Writing on Spec
   7. Stiffing the writer
   8. Unnecessary Rewrites
   9. Minimum Basic Agreement
   10. Treatment
   11. Original Treatment
   12. Screenplay
   13. First Draft Screenplay
   14. Rewrite

Litwak SG III Ch. 7 p. 3

1. Polish
2. Format
3. Bible
4. Merchandising Rights (Theatrical)
5. Dramatic rights
6. Sequel
7. WGA Low-Budget Agreement
8. WGA Basic Agreement- Low-Budget Feature
9. WGA Basic Agreement- High-Budget Feature
10. Pilot Script
11. Back-up Script
12. Single Unit
13. Unit Series
14. Episodic Series
15. Assigned Material
16. Flat Deal
17. Brief Essay
    1. Discuss registering a script with the WGA with respect to:
       1. What can/cannot be registered
       2. Registration procedures

Litwak SG III Ch. 7 p. 4

1. Duration of Registration
2. What are the requirements for admission to the WGA?
3. Summarize the WGA Basic Agreement with respect to:
   1. Coverage
   2. Compensation
   3. Credits
   4. Revisions
   5. Residuals
   6. Separation of Rights; Features and Television
   7. Two-meeting Rule
   8. Warranties and Indemnification
4. II.                 DIRECTORS- Brief Essay
   1. In what 4 areas must a new director have expertise in order to succeed?
   2. How does one gain admission to the Director’s Guild?
   3. Briefly discuss the following areas of rights guaranteed in the DGA Basic Agreement of 2008 in regard  to:
      1. Creative decisions
      2. Disclosures
      3. Deal memos

Litwak SG III Ch. 7 p. 5

1. Hiring Crew
2. Casting Sessions
3. Facilities
4. Stunts
5. Dailies
6. Post- Production
7. Director’s Cut
8. Why is a Submission Release important? Outline the 16 suggested conditions of it.
9. What are the three parts of the obscenity definition test as set forth in Miller vs. California?
10. III.              ACTORS
    1. How is a performer eligible to join SAG? What does it cost?
    2. Summarize the Actor Career Checklist (15 items)
    3. Summarize the current SAG contracts with respect to:
       1. Minimum Wages
       2. Working Conditions
       3. Pension and Health Plans
       4. Global Rule One
       5. What is AFTRA and who does it represent? How can one join? What does it cost?

Litwak SG III Ch. 7 p. 6

1. Summarize AFTRA contracts with respect to:
   1. Minimum Wages
   2. Health and Retirement Benefits
2. IV.              SUMMARY QUESTIONS- DISCUSS
   1. Does a director have the right to final cut on her picture?
   2. Who owns the copyright to the writer’s script?