Disclaimer

This is a blog written by a lawyer, so of course it has to open with a disclaimer. Here goes:

As you will note by the fact that you are staring at a screen full of text and not a real person, this is a website and not an attorney. Nothing in this blog is intended as legal advice or to substitute for the personalized advice of a lawyer. Only your lawyer can tell you which laws apply to your particular situation. Laws change all the time and may be subject to numerous exceptions that are not covered by this blog. There are no guarantees as to the accuracy or applicability of the information presented herein. Now that we’ve gotten that out of the way…

Monday, March 21, 2011

Come on by the Pocket Lawyer book signing event tomorrow!

Lecture/ Book Signing – The Pocket Lawyer for Filmmakers Second Edition, by Thomas A. Crowell, Esq.
Tuesday, March 22, 2011 from 6:30 PM - 8:00 PM (ET)
Location
19 W. 21st. St.
Ground Floor
New York, NY 10010

When The Pocket Lawyer for Filmmakers first hit the shelves four years ago, Backstage called it: “an excellent, potentially career-saving resource.” The book quickly became a best-seller in the industry, finding a favored place on the bookshelves of both indie filmmakers and studio executives. 
The Pocket Lawyer for Filmmakers was designed to help producers reduce legal costs by providing the vital information needed to make informed decisions on the legal aspects of film, video, and TV productions. Written by a TV-producer-turned-entertainment-lawyer, this no-nonsense reference provides fast answers in plain English: no law degree required!
With the New Year comes the much anticipated new edition of The Pocket Lawyer for Filmmakers! This second edition features sections on production services agreements, film tax credits, DIY distribution, product placement, and more!
Come hear author/attorney Thomas A. Crowell, Esq. discuss the new edition and learn tips and tricks on how to avoid some of the more dangerous legal problems that regularly destroy indie films. 
Thomas A. Crowell, Esq. is an attorney and former television producer who counsels his clients on a wide range of entertainment law and intellectual property rights issues. In addition to his law practice, he is a professor of Film Law at Cardozo Law School, where he is the Director of the Indie Film Clinic. For more information, please see: http://www.showbizsoftware.com/category_s/42.htm

Thursday, January 20, 2011

Are Some Production Incentives Doomed?

Grab those state tax credits while you can, Filmmakers! It looks like some states are preparing to tighten their budgets and some production incentive programs may be lead to the chopping block!

The New York Times has this to say about the potential production incentive bloodletting: States Weigh Cuts in Hollywood Subsidies

For more on state production incentives, see chapter 6 of the second edition of The Pocket Lawyer for Filmmakers.

Monday, January 3, 2011

The Indie Film Clinic

As many of you know, I will be teaching Film Law at Cardozo Law School this semester. I have also been hired as the Director of Cardozo’s new Independent Film Clinic. As you can see in the link, the Mayor’s Office of Film, Theatre and Broadcasting is behind us, 100%! If you are an independent filmmaker shooting in NY, and you can’t afford an attorney, why see if the clinic is right for you?
An informational session will be held for filmmakers and producers on Tuesday, January 18 at 6pm at Cardozo’s campus at 55 Fifth Avenue at 12th Street. Clinic attorneys will be on hand at the session to discuss the Clinic and answer questions. To RSVP, contact David Morrison, executive director of the Clinic, at dmorriso@yu.edu. If you’re unable to attend, call 212.790.0417 or email (dmorriso@yu.edu) to discuss scheduling an initial interview. For more information, visit the Clinic online here: Cardozo Indie Film Clinic.


See the press release from the NYC Mayor's Office, click here.

Wednesday, December 8, 2010

What is the Difference Between a Location Release and a Shooting Permit?

Location, location, location: the phrase is just as important to filmmakers as it is to real estate buyers. And just like buying a house, you need to be sure to have the right contracts and permissions in place before you start shooting in your new location.

A shooting permit is permission from the city or municipality to shoot on public or private property within that jurisdiction. Many filmmakers believe that they only need to worry about shooting permits if they are filming on public property, such as streets or parks. In actuality, some jurisdictions require filmmakers to secure permits and pay filing fees even if they plan to shoot only on private property within the municipality!

The key is to check with the city clerk’s office in the city or municipality in which you’ll be shooting several weeks prior to the shoot. You may have to pay a fee for a shooting permit. Some small towns can charge upwards of $500 a day (yes, Montclair, NJ, I’m talking to you!)

By contrast, a location release is a contract between you and a property owner or other authorized party that gives you the right to enter that property and shoot your film. If you shoot on private property without the owner’s permission, you may expose your production to criminal penalties and civil liability for trespass, invasion of privacy, nuisance, and other legal claims.

(See Chapter 19 of The Pocket Lawyer for Filmmakers, 2 ed. for more details on location releases and shooting permits)

Thursday, December 2, 2010

Crowd-source Funding

Need money for your film? Do members of the family Ursidae defecate within an amalgamation of perennial woody plants?

Sure you can raise money from rich uncles, cousins, and local loan sharks. But why risk running afoul of the securities laws if your film flops (or sleeping with the fishes if you went the loan shark route) when you can just ask thousands of people you don’t know for a handout? More and more filmmakers are harnessing the power of the web and turning to micro lending and crowd sourcing for loans and donations.

One popular pledge-based site is http://www.kickstarter.com/. Here, filmmakers can post projects and ask for specific amounts of money to be donated to their films. Using a PBS pledge-drive model, filmmakers can offer DVDs, posters, on-screen credit, walk-on roles, etc. for patrons who pledge at different levels. And since these are pledges, not loans, there is no need to repay the money if your film flops and no obligation to fork over your hard-earned gelt to investors if your film is a smash hit.

Wednesday, December 1, 2010

Lights... Camera... Print Run

I just spoke to my editor over at Focal Press; the second edition of The Pocket Lawyer for Filmmakers is scheduled to go to press in the next few days!

Boy has it been a long process; I always forget just how much work goes into putting together a book after the manuscript has been delivered. Rewrites, copyediting, proofreading, more proofreading… whew! Once again, the team at Focal Press has been wonderfully hands on, and great to work with.

I'm really excited about this new edition: in addition to case law updates, I have new sections on product placement, film tax credits and production incentive financing, letters of intent, and a whole bunch of new stuff on do-it-yourself distribution (four wall, YouTube, download to own, Amazon.com, iTunes, and Netflix). There are even more charts and graphics to help you find the information you need.

Especially cool for this edition is a "thumb tab" index that lets you flip to key sections of the book without having to first turn to the table of contents. My hope is to provide readers with the quickest route to legal information so they can get back to the film set to do the real work of making the movie.

Let me know what you think!

As part of the roll out to the new edition, I’ve created this blog. I plan to post new case law, helpful links, tips and tricks, and other odd musings. Enjoy!