On Sunday, May 20, 2012 a little bit of L.A. Theatre history was made. I was honored to be among a crowd of L.A. based 99-seat theatre producers meeting at the Kirk Douglas theatre to discuss the way forward in dealing with the various issues confronting the theatre business (and art) in Los Angeles.

A series of meetings of 99-seat producers

The meeting was the fourth in a series of caucuses where the various stakeholders raised their concerns, problems, challenges and formulae for success. Chief among the challenges addressed are those surrounding union contracts and complying with the rules under the 99-seat (waiver) plan. The series of meetings was coordinated and facilitated by the staff of the L.A. Stage Alliance

Unanimous Vote

What came to pass at this meeting is quite remarkable. A room full of producers with a wide variety of concerns voted unanimously to form a new, independent organization, a trade association that will act as a producer’s league/council to speak with a single voice on behalf of all Los Angeles producers (not just 99-seat producers, but mid- and larger-sized producers as well).

The new group will work in tandem with the 99-seat Review Committee, the group that’s been in place to deal with Actor’s Equity Association since the settlement agreement that ended the so-called “Waiver Wars” of the late 1980′s.

Work ahead

This is, of course, merely the first step down a long road. In fact, the organization doesn’t yet even have a name, leadership structure or mission statement. All of that will take more meetings, a great deal of discussion, and, I expect, some compromise by all concerned. Such is the nature of beginnings, and I for one look forward to being a part of the process.

Get involved

If you’re a producer in Los Angeles, at any level of production, you will want to participate in these discussions. If you haven’t been invited to the meetings already held over the past few months, contact the L.A. Stage Alliance to make sure your information is added to the list.

Additional Reading

Time for  a Producer’s Organization

On the heels of my last appearance, I was honored to be asked back for a second appearance on  Rex Sikes’ Movie Beat   to round out  a live (and recorded) conversation about independent film financing.

Rex and I talked at length about the current state of the economic climate for film investment, crowdfunding, and the components of a legally compliant film investment offering.

I hope you’ll head on over and listen to part deux

Call us with your feedback:
(310) 243-6231

In this Episode:

• Crowdfunding after the JOBS Act becomes law
• Viacom wins appellate round against YouTube
• Magic Tricks – how to keep ‘em secret
• Art Collector v. Artist?
• and more…

Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]” Or, just visit http://entertainmentlawupdate.com/clio

Hosts:

Gordon Firemark

Websites:   http://firemark.com , http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

 Guests

Peter Kaufman joins us again for  this episode.

Website: http://dealfatigue.com
Twitter: @dealfatigue.

Also with us, in the studio:  Chris Blake, one of our interns, just completing his 2L year at Pepperdine Law.

Show Notes

CROWD-FUNDING AND THE JOBS ACT

JOBS ACT/CROWD-FINANCING

Lexology: http://www.lexology.com/library/detail.aspx?g=ad3e7f78-fc57-4909-8d5e-dd9ac6cc6ef7

Key points of the bill:

• Allows equity-based crowdfunding
• Removes prohibitions on general solicitation of Regulation D offerings
• Creates an IPO “on ramp” -
• Increases threshold for Regulation A “mini public offerings”
• Raises cap on private shareholders from 500 to 2,000

EFFECT ON FILM FINANCING

Filmmaker Magazine: http://www.filmmakermagazine.com/news/2012/04/how-the-jobs-act-will-transform-independent-film-financing/

THEATRE: THE GODSPELL EXAMPLE

NY Times: http://mobile.nytimes.com/2012/04/19/theater/for-godspell-on-broadway-crowd-sourced-producers.xml?single=1

VIACOM/YOUTUBE FOLLOW-UP

Lexology: http://www.lexology.com/library/detail.aspx?g=76982154-a450-4e75-a3d8-7b928cbb3865&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-04-23&utm_term=

Link to Slip Opinion http://www.ca2.uscourts.gov/decisions/isysquery/c5792ca8-db37-4107-b0f7-67548a6a5a5f/1/doc/10-3270_10-3342_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c5792ca8-db37-4107-b0f7-67548a6a5a5f/1/hilite/

Last Samurai – Copyright Script Jury Verdict

THResq: http://www.hollywoodreporter.com/thr-esq/last-samurai-zwick-herskovitz-win-lawsuit-309268

Teller sues over magic trick reveal

THREsq: http://www.hollywoodreporter.com/thr-esq/penn-teller-lawsuit-reveal-secrets-youtube-312296

Art Collector seeks to stop photographer from selling Digital Reprints

Entertainment Law Matters: http://www.entertainmentlawmatters.com/?p=2119

Tupac Hologram performs ‘live’ at Coachella Music Festival

Billboard: http://www.billboard.biz/bbbiz/industry/legal-and-management/tupac-coachella-hologram-very-unique-legally-1006792552.story

Amazon Studios revises terms for writers

Filmmaker Magazine: http://www.filmmakermagazine.com/news/2012/04/amazon-studios-revises-terms-for-writers/

Music royalty settlement announced on mechanical royalties

Lexology: http://www.lexology.com/library/detail.aspx?g=4df04006-c8f1-428c-be5b-9f8f47935e9a&goback=%2Egde_2824501_member_109202270

Until next time…. that’s showbiz!

The first, Rex Sikes’ Movie Beat was a live (and recorded) presentation of my “6-ways to finance a feature film” talk.  I got up extra early to do this, so please Have a listen.

Then, later, I was interviewed (for the 2nd time) by Daniel J. Lewis, a well known podcasting expert for his show, The Audacity to Podcast, where I’ll be featured on the next several episodes, talking about the subject , on the subject of of   My Book.

http://biedermanblog.com/music/q-and-a-theater-law-with-gordon-firemark/#more-4302

“DON’T SIGN THAT!  What every entrepreneur & artist needs to know about contracts, law & more”

Specially designed for artists & entrepreneurs who don’t have big bucks to spend on legal advice, this 90-minute telephone seminar will give you the most important information you need right now.

You’ll learn:

• Legal basics every artist & entrepreneur needs to know
• How to protect your ideas, work product, and bottom line
• 5 mistakes do-it-yourself-ers make when writing their own contracts
• How to copyright your work for free or cheap
• Whether you can trademark your work, brand, logo, or name
• 5 things you must have in an option agreement
• What to do if a publisher wants your book
• Who owns what – you or your collaborator?  What happens if you disagree?
• When do you need a written contract, and when you can get by without one?
• How to prove you have an agreement
• 3 simple negotiating strategies that can turn the odds in your favor immediately
• How to save money on legal expenses

This live, one-time-only telephone seminar is led by Adam Leipzig, publisher ofCultural Weekly, former president of National Geographic Films, theatre producer and studio executive – who has negotiated thousands of deals.  He’ll interview Gordon Firemark, a celebrated attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television, and music. Gordon is also the producer and host of Entertainment Law Update, a podcast for artists and professionals in the entertainment industries.

Gordon and Adam will walk you step-by-step through legal basics, mince no words, and cut through the jargon to give you detailed, specific information you can use immediately.

As a live participant, you will be able to email your general questions prior the call, and Gordon and Adam will answer as many as possible.  Note: While they can’t provide legal advice on the specifics of your situation, they will educate you on the legal basics you need to protect yourself and your work.

When: Tuesday, April 17, 10:00 am Pacific Time/1:00 pm Eastern Time. The call will last approximately 90 minutes.

How: This is a seminar delivered over the telephone. When you sign up, you will get a dial-in number and a passcode. You will dial-in as you would for a conference call.  Participants will also get a downloadable MP3 audio file of the seminar to keep for future reference.

Your investment: $25 (less than it would cost for 5 minutes with a lawyer).

Questions? Go to the FAQ page.

Space is limited. Sign up now!

No risk guarantee: Within 15 days after your purchase, if you feel it wasn’t worth your investment, tell us and we’ll send you a full refund. Period. Our terms and conditions are here.

Read the Article here:

Obama Signs Jobs Act
Crowdfunding to Boost Indie Filmmaking

Call us with your feedback:
(310) 243-6231

In this Episode:

• 360 Deals and the Talent Agencies Act
• More music sale vs. license litigation
• Copyright Termination update
• ReDigi injunction denied
• Aereo and retransmission fees
• and more.

Show Notes

Hosts:

Gordon P. Firemark
Website:   http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website:   http://createprotect.com
Twitter: @tamerabennett

 Q:  If there is a book or books where the author/s are no longer alive or exists and the publisher no longer holds a copyright/patent and/or is defunct — what are my legal or ethical obligations regarding any living relatives (if any) to the original author/s…?

A: It’s important to distinguish between the question of whether the publisher or rights holder still exists, and whether the protection of copyright law is still in force.   We can’t conclude that the copyright no longer persists merely because the publisher is defunct.  Often, when companies go out of business, they sell or transfer their assets, so it’s important to investigate carefully.

If the copyright in the work has indeed expired, or if the author has expressly dedicated it to the public, it is said to be in the public domain, and is therefore free for anyone to use, without obligation to the original author or his/her estate.

An experienced entertainment lawyer can help determine who, if anyone, holds rights that need to be cleared.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.


Thinking of Producing it yourself? subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting http://firemark.com/minicourse