CP 480 Entertainment Law for Producers
Summary
DePaul University School of Cinematic Arts
ENTERTAINMENT LAW FOR PRODUCERS
Spring 2024
When: Wednesdays, 6:30PM – 9:45 PM
Where: Sunset Las Palmas Studios
Instructor: Phillip Rosen
phillip@rosenlawgrp.com
Taylor Condit
taylor@rosenlawgrp.com
Office Hrs.: Via Zoom, Tuesdays, 1 PM – 2:30 PM. Link available on D2L.
SUMMARY OF COURSE
This course introduces students to the principles and strategies of entertainment law, with a focus on the following key areas: chain of title, production legal, financing, clearance, music licensing, and delivery requirements.
An overview of entertainment law is essential for producers. Even though attorneys may be involved in deals that you’ll be involved with, it’s critical that you understand basic principles of entertainment law to be an effective producer. During this course, we will walk through the life cycle of a film/television series from acquisition of the underlying intellectual property to development, principal photography, and post-production through delivery and distribution, all of which will be useful in your day-to-day interactions as a producer.
By the end of this course, you will have a working knowledge of the legal issues that that you will face as independent filmmakers, including:
è Securing rights to underlying material;
è Obtaining financing;
è Negotiating various employment contracts, including your own Producer Agreements;
è Clearing and licensing music for your projects; and
è Distributing your projects.
We will provide copies of agreements, which you should familiarize yourself with before the relevant class so that you come to class prepared to discuss them. We will end the course with a mock negotiation, which will utilize the principles taught in this course. Students will be expected to participate in lively discussion and debate regarding the agreements and other various topics relevant to entertainment law.
LEARNING OBJECTIVES
- Understand basic deal terms in entertainment law agreements;
- Develop a working vocabulary for entertainment law agreements;
- Utilize methods to protect your intellectual property and ensure distribution of your projects; and
- In addition to creative roles, understand the business side of producing.
OUTCOMES
- Have a working knowledge of entertainment agreements;
- Have a vocabulary of entertainment law terminology; and
- Have the ability to spot legal issues and understand the solutions.
REQUIRED READING
No books are required for this course. We will provide agreements, which should be reviewed thoroughly prior to the relevant class. Take notes during your review of the agreements, and make a list of questions that you can ask during class. Meaningfully engage with the language, so you can come to class prepared to discuss the agreements. Below please find a list of optional reading:
è Hollywood Dealmaking: Negotiating Talent Agreements for Film, TV and New Media – Dina Appleton & Daniel Yankelevits
è Clearance & Copyright: Everything You Need to Know for Film and Television – Michael C. Donaldson & Lisa A. Callif
è Dealmaking in the Film & TV Industry: From Negotiations to Final Contracts – Mark Litwak
è All You Need to Know About the Music Business – Donald S. Passman
è We also recommend signing up to receive daily emails from Variety and The Hollywood Reporter to keep up to date with all entertainment news.
COURSE MANAGEMENT
This course is housed and managed exclusively on D2L. There, students will find the Syllabus, announcements, reading assignments and materials, discussion forums, and additional class materials. Students should review the Syllabus and assignments on D2L weekly, read all assigned materials prior to class, and come to class prepared to constructively and actively discuss their comments and ideas each week.
ASSIGNMENTS AND PARTICIPATION
Students will be expected to have completed all assigned reading prior to each class. Classroom participation is mandatory and should be consistent and meaningful.
ATTENDANCE
Students are expected to attend each class and to remain for the duration of class. Missing more than one class without a legitimate excuse will result in a reduction of your final grade. Arriving 15 minutes late or leaving 15 minutes early constitutes an absence. If you have a legitimate reason for missing class, you must contact us in advance of class for it to be considered an excused absence. We begin class right on time. A pattern of tardiness will result in a grade reduction.
For Zoom classes, should the need arise, your video must be turned on, and the same level of participation and professionalism that you would exhibit in class is expected on screen.
OPTION/PURCHASE PROPOSAL
After we’ve thoroughly discussed Option/Purchase Agreements in class, students will be required to draft a proposal for the acquisition of intellectual property based on a fact pattern assigned by us. The proposal should be addressed to the rightsholder of the underlying work and incorporate all customary terms for these types of offers, as discussed in class.
MOCK NEGOTIATION
During the last class, we will divide the class in half and provide each group with a fact pattern to negotiate against the other group to hopefully close on agreed upon deal terms. Phillip will coach one group, and Taylor will coach the other.
GRADING
There are a total of 100 points for this class, broken down as follows:
|
Attendance
|
20%
|
2 points/class (20 points total)
|
|
Participation
Option/Purchase Proposal
|
20%
30%
|
20 points
30 points
|
|
Mock Negotiation
|
30%
|
30 points
|
These values are minimums for each grade:
A = 93–100
A- = 90-92
B+ = 87-89
B = 83-86
B- = 80-82
C+ = 77-79
C = 73-76
C- = 70-72
D+ = 67-69
D = 63-66
D- = 60-62
F = 0-59
LATE WORK
Late work will not be given full credit without a legitimate excuse communicated to us in a timely fashion. A legitimate excuse is one documented by a physician or other health care provider or a request from an academic dean or advisor. No exceptions. Late work will receive a half letter-grade deduction for every 24 hours (or portion thereof) an assignment is late.
SCHEDULE
We may wrap up a topic with time to spare in a particular class, so please always be one week ahead in the reading in case we start on the next topic early.
WEEK ONE – OVERVIEW
We’ll discuss current topics in the entertainment industry, such as the potential upcoming WGA strike, as well as loan-outs, single purpose entitles, and the guilds (WGA, SAG, and DGA). Please read the Crew Deal Memo on D2L before this class.
WEEK TWO – ACQUISITION OF INTELLECTUAL PROPERTY
Please read the Option/Purchase Agreement and the Shopping Agreement on D2L before this class.
WEEK THREE – FINANCING
Please read the Equity Financing Agreement, the Bridge Loan Agreement and the Loan Closing Checklist on D2L before this class.
WEEK FOUR – PRODUCER AGREEMENTS & PRODUCTION SERVICE AGREEMENTS
Please read the Producer Agreement and the Production Service Agreement on D2L before this class.
WEEK FIVE – WRITER & DIRECTOR AGREEMENTS
Please read the Writer Agreement and the Director Agreement on D2L before this class.
WEEK SIX – ACTOR AGREEMENTS & APPEARANCE RELEASES
Please read the Actor Agreement and the Appearance Release on D2L before this class.
WEEK SEVEN – DISTRIBUTION
Please read the Distribution Agreement and the Sales Agency Agreement on D2L before this class.
WEEK EIGHT – CLEARANCE
Please read the various forms composing a standard production packet (Location Release, Wide Area Release, Materials Release) and the Fair Use Opinion Letter on D2L before this class.
WEEK NINE – MUSIC
Please read the Composer Agreement and the Synchronization & Master Use License on D2L before this class.
WEEK TEN – MOCK NEGOTIATION
ATTITUDE
A professional and academic attitude is expected throughout this course. Measurable examples of non-academic or unprofessional attitude include, but are not limited to: talking to others while the professor is speaking, mocking another’s work or opinion,
cell phones ringing, emailing, texting or using the internet for purposes other than those approved for class. If any issues arise, a student may be asked to leave the classroom. The professor will work with the Dean of Students to navigate such student issues.
DePaul University is a community that thrives on open discourse that challenges students, both intellectually and personally. During class discussions, you are expected to be respectful of everyone’s work and opinions. Personal attacks and disruptive actions will not be tolerated. In general, we want to create a positive and respectful environment for collaborative learning.
LAPTOPS AND CELL PHONES
Laptops are permitted during class for notetaking purposes and to access materials for classroom discussion. During these times, we trust that, on your honor as a DePaul University student, you will not stray into any form of social media, email, or other non-class related materials during class. Cell phones must be silenced and stowed at all times, except during breaks.
CHANGES TO SYLLABUS
This syllabus is subject to change as necessary during the quarter. If a change occurs, it will be thoroughly addressed during class, posted under Announcements in D2L, and sent via email.
COVID-19 HEALTH AND SAFETY PRECAUTIONS
The health and safety of everyone at DePaul depend on the cooperation of all who come to campus. By taking care of yourself, you protect the entire community. DePaul’s COVID-19 response plans are based on the latest guidance from the Centers for Disease Control and Prevention, the Chicago Department of Public Health and the university’s medical advisor from AMITA Health.
Mandatory protocols must be followed by DePaul students, faculty and staff at all times on both campuses https://resources.depaul.edu/coronavirus/guidance/health-safety-practices/Pages/default.aspx.
ACADEMIC INTEGRITY AND PLAGIARISM
This course will be subject to the university's academic integrity policy. All students are expected to abide by the University's Academic Integrity Policy which prohibits cheating and other misconduct in student coursework. Publicly sharing or posting online any prior or current materials from this course (including exam questions or answers), is considered to be providing unauthorized assistance prohibited by the policy. Both students who share/post and students who access or use such materials are considered to be cheating under the Policy and will be subject to sanctions for violations of Academic Integrity.
More information can be found at https://resources.depaul.edu/teaching-commons/teaching/academic-integrity/Pages/default.aspx.
Posting work on online sites, such as Hero
All students are expected to abide by the University’s Academic Integrity Policy which prohibits cheating and other misconduct in student coursework. Publicly sharing or posting online any prior or current materials from this course (including exam questions or answers), is considered to be providing unauthorized assistance prohibited by the policy. Both students who share/post and students who access or use such materials are considered to be cheating under the Policy and will be subject to sanctions for violations of Academic Integrity.
ACADEMIC POLICIES
All students are required to manage their class schedules each term in accordance with the deadlines for enrolling and withdrawing as indicated in the University Academic Calendar. Information on enrollment, withdrawal, grading and incompletes can be found at: http://www.cdm.depaul.edu/Current%20Students/Pages/PoliciesandProcedures.aspx.
Information on enrollment, withdrawal, grading and incompletes can be found at: http://cdm.depaul.edu/enrollment.
WITHDRAWAL
Students who timely withdraw from the course do so by using the Campus Connect system: http://campusconnect.depaul.edu. Withdrawals processed via this system are effective the day on which they are made. Simply ceasing to attend, or notifying the instructor, or nonpayment of tuition, does not constitute an official withdrawal from class and will result in academic as well as financial penalty.
RETROACTIVE WITHDRAWAL
This policy exists to assist students for whom extenuating circumstances prevented them from meeting the withdrawal deadline. During their college career students may be allowed one medical/personal administrative withdrawal and one college office administrative withdrawal, each for one or more courses in a single term. Repeated requests will not be considered. Submitting an appeal for retroactive withdrawal does not guarantee approval.
College office appeals for CDM students must be submitted online via MyCDM. The deadlines for submitting appeals are as follows:
Autumn Quarter: Last day of the last final exam of the subsequent winter quarter. Winter Quarter: Last day of the last final exam of the subsequent spring quarter. Spring Quarter: Last day of the last final exam of the subsequent autumn quarter. Summer Terms: Last day of the last final exam of the subsequent autumn quarter.
EXCUSED ABSENCE
In order to petition for an excused absence, students who miss class due to illness or significant personal circumstances should complete the Absence Notification process through the Dean of Students office. This form can be accessed at http://studentaffairs.depaul.edu/dos/forms.html.
Students must submit supporting documentation alongside this form. The professor reserves the sole right whether to offer an excused absence and/or academic accommodations for an excused absence.
INCOMPLETE GRADES
An incomplete grade is a special, temporary grade that may be assigned by an instructor when unforeseeable circumstances prevent a student from completing course requirements by the end of the term and when otherwise the student had a record of satisfactory progress in the course. All incomplete requests must be approved by the instructor of the course and a CDM Associate Dean. Only exceptions
cases will receive such approval. Information about the Incomplete Grades policy can be found at http://www.cdm.depaul.edu/Current%20Students/Pages/Grading-Policies.aspx.
STUDENTS WITH DISABILITIES
Students seeking disability-related accommodations are required to register with DePaul’s Center for Students with Disabilities (CSD) enabling them to access accommodations and support services to assist with their success. There are two office locations:
• Loop Campus (312) 362-8002
• Lincoln Park Campus (773) 325-1677
• Email: csd@depaul.edu
Students who register with the Center for Students with Disabilities are also invited to contact Dr. Gregory Moorhead, Director of the Center, privately to discuss how he may assist in facilitating the accommodations to be used in a course. This is best done early in the term. The conversation will remain confidential to the extent possible.
Please see https://offices.depaul.edu/student-affairs/about/departments/Pages/csd.aspx for Services and Contact Information.
ONLINE COURSE EVALUATIONS
Evaluations are a way for students to provide valuable feedback regarding their instructor and the course. Detailed feedback will enable the instructor to continuously tailor teaching methods and course content to meet the learning goals of the course and the academic needs of the students. They are a requirement of the course and are key to continue to provide you with the highest quality of teaching. The evaluations are anonymous; the instructor and administration do not track who entered what responses. A program is used to check if the student completed the evaluations, but the evaluation is completely separate from the student’s identity. Since 100% participation is our goal, students are sent periodic reminders over three weeks. Students do not receive reminders once they complete the evaluation. Please see https://resources.depaul.edu/teaching-commons/teaching/Pages/online-teaching-evaluations.aspx for additional information.
RESPECT FOR DIVERSITY AND INCLUSION AT DEPAUL UNIVERSITY AS ALIGNED WITH OUR VINCENTIAN VALUES
At DePaul, our mission calls us to explore “what must be done” in order to respect the inherent dignity and identity of each human person. We value diversity because it is part of our history, our traditions and our future. We see diversity as an asset and a strength that adds to the richness of classroom learning. In my course, we strive to include diverse authors, perspectives and teaching pedagogies. We also encourage open dialogue and spaces for students to express their unique identities and perspectives. We are open to having difficult conversations, and we will strive to create an inclusive classroom that values all perspectives. If at any time, the classroom experience does not live up to this expectation, please feel free to contact us via email or during office hours.
PREFERRED NAME AND GENDER PRONOUNS
Professional courtesy and sensitivity are especially important with respect to individuals and topics dealing with differences of race, culture, religion, politics, sexual orientation, gender, gender variance, and nationalities. We will gladly honor your request to address you by the name and/or gender pronoun you prefer. Please advise us of this preference early in the quarter so that we may make appropriate changes to our records. Please also note that students may choose to identify within the University community with a preferred first name that differs from their legal name and may also update their gender. The preferred first name will appear in University related systems and documents except where the use of the legal name is necessitated or required by University business or legal need. For more information and instructions on how to do so, please see the Student Preferred Name and Gender Policy at http://policies.depaul.edu/policy/policy.aspx?pid=332.
OFFICE HOURS
We will hold office hours via Zoom every Tuesday from 1 PM to 2:30 PM. The Zoom link is available via D2L under the “Overview” tab. Please let us know if you would like to schedule a Zoom or telephone conference meeting at another time, and we will work with you to accommodate that request. We are happy to talk with you about the course content or anything related to the entertainment industry or career considerations.
FEEDBACK
If you have feedback for us – suggestions, ideas, recommendations or criticisms, please do not hesitate to tell us in person or by e-mail. We want to provide the best learning environment possible. If sending something to me anonymously would make you feel more comfortable, then we invite you to do just that. We look forward to a fun, collaborative and educational experience with you.
This syllabus is subject to change as necessary during the quarter. If a change occurs, it will be thoroughly addressed during class, posted under Announcements in D2L and sent via email.
Evaluations are a way for students to provide valuable feedback regarding their instructor and the course. Detailed feedback will enable the instructor to continuously tailor teaching methods and course
content to meet the learning goals of the course and the academic needs of the students. They are a requirement of the course and are key to continue to provide you with the highest quality of teaching. The
evaluations are anonymous; the instructor and administration do not track who entered what responses. A program is used to check if the student completed the evaluations, but the evaluation is completely
separate from the student’s identity. Since 100% participation is our goal, students are sent periodic reminders over three weeks. Students do not receive reminders once they complete the evaluation.
Students complete the evaluation online in CampusConnect.
This course will be subject to the university's academic integrity policy. More information can be found at http://academicintegrity.depaul.edu/ If you
have any questions be sure to consult with your professor.
All students are expected to abide by the University's Academic Integrity Policy which prohibits cheating and other misconduct in student coursework. Publicly sharing or posting online any prior or current materials from this course (including exam questions or answers), is considered to be providing unauthorized assistance prohibited by the policy. Both students who share/post and students who access or use such materials are considered to be cheating under the Policy and will be subject to sanctions for violations of Academic Integrity.
All students are required to manage their class schedules each term in accordance with the deadlines for enrolling and withdrawing as indicated in the University Academic Calendar. Information on enrollment, withdrawal, grading and incompletes can be found at http://www.cdm.depaul.edu/Current%20Students/Pages/PoliciesandProcedures.aspx.
Students who feel they may need an accommodation based on the impact of a disability should contact the instructor privately to discuss their specific needs. All discussions will remain confidential.
To ensure that you receive the most appropriate accommodation based on your needs, contact the instructor as early as possible in the quarter (preferably within the first week of class), and make sure that
you have contacted the Center for Students with Disabilities (CSD) at:
Lewis Center 1420, 25 East Jackson Blvd.
Phone number: (312)362-8002
Fax: (312)362-6544
TTY: (773)325.7296