E-Book Overview
Media Law for Producers is a comprehensive handbook that explains, in lay terms, the myriad legal issues that the producer will face on a regular basis - contracts, permits, defamation, patents, releases and insurance, libel, royalties and residuals, as well as protecting the finished production. This revised and expanded edition includes such Internet-related topics as Internet music law, online registration, and online privacy. Other new topics covered include:?· Implied and express contracts in the project/idea submission process ?· Assignment/transfer of copyright?· Music clip licensing?· Use of other people's trademarks in media production?· Parody as a defense to copyright infringement Clear explanations examine the how and why of different types of production contracts, and checklists provide a quick means for producers to determine when their productions might be at greatest risk to legal challenges. Media Law for Producers also examines the substantial changes in copyright term resulting from recent copyright legislation. Legal problems can be very costly to media producers. Lawyers and court fees, coupled with the loss of work time, can lead to bankruptcy. Media Law for Producers cuts through the legalese and illustrates legal issues to help producers recognize the legal questions that can arise during production. *A useful, practical guide for the active producer*Completely revised and updated to include a new chapter on Interactive Media*Contains new sample contracts and forms
E-Book Content
Media Law for Producers This Page Intentionally Left Blank Media Law for Producers Fourth Edition Philip H. Miller AMSTERDAM • BOSTON • HEIDELBERG LONDON • NEW YORK • OXFORD • PARIS SAN DIEGO • SAN FRANCISCO SINGAPORE • SYDNEY • TOKYO Focal Press is an imprint of Elsevier Focal Press is an imprint of Elsevier. Copyright © 2003 Philip H. Miller All rights reserved. All trademarks found herein are property of their respective owners. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Library of Congress Cataloging-in-Publication Data Miller, Philip, 1954– Media law for producers / Philip Miller.—4th ed. p. cm. Includes bibliographical references and index. ISBN 0-240-80478-3 1. Motion pictures—Law and legislation—United States. 2. Video recordings—Law and legislation—United States. 3. Copyright—United States. I. Title. KF4298.M55 2002 343.7309⬘9—dc21 2003054711 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. The publisher offers special discounts on bulk orders of this book. For information, please contact: Manager of Special Sales Focal Press 200 Wheeler Road, Sixth Floor Burlington, MA 01803 Tel: 781-313-4700 For information on all Focal Press publications available, visit our website: http://www.focalpress.com 10 9 8 7 6 5 4 3 2 1 Printed in the United States of America To AMS, co-adventurer This Page Intentionally Left Blank Contents List of Illustrations List of Cases xiii Foreword xvii Preface xxi xi 1 ___________________________________________________________ Media Law: An Overview 1 How Much Law Do You Need to Know? Who Creates Media Law? 5 Types and Categories of Media Law 8 Criminal Cases versus Civil Cases 14 The Court System 16 22 Alternative Dispute Resolution Summary 26 4 2 ___________________________________________________________ Managing Relationships: Contracts and the Media Production Process 29 Production Contracts 30 What Is a Contract? 30 The Components of a Contract 34 Other Issues and Concerns 38 Sources of Contract Law 39 Categories of C