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Protect Yourself: Understanding and Breaking Down Shopping, Option and Attachment Legal Agreements

Hosted by Thomas A. Crowell, Esq.

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Thomas A. Crowell, Esq.

Webinar hosted by: Thomas A. Crowell, Esq.

Entertainment & IP Attorney at LaneCrowell LLP (clients film & projects appear on Nickelodeon, Discovery, Starz, TLC and more!)

Thomas A. Crowell, Esq. is an entertainment and intellectual property attorney and partner with the New York law firm of LaneCrowell, LLP. A former television producer and director of development for STN, Mr. Crowell counsels clients on a wide range of entertainment law and intellectual property rights issues. He has worked with clients who have had deals with TLC, Elsevier Publishing, Starz, Discovery Communications, Focal Press, the Smithsonian Network, WE: The Women's Entertainment Network, The Science Technology Network, IDW Publishing, and Sony Entertainment. His clients' work is seen in the pages of Marvel and DC comics and on movie, TV, computer, and mobile screens across the world. A frequent columnist for film industry publications, Mr. Crowell is also the author of a best-selling legal guide for independent producers, “The Pocket Lawyer for Filmmakers” (Focal Press), which has been adopted as a core textbook in many film and law schools across the United States. His latest book is “The Pocket Lawyer for Comic Book Creators” (Focal Press) — is the very first dedicated legal guide for the comic book industry. He currently serves as a series editor for Focal Press and its new line of legal guides for artists. Mr. Crowell has taught media law courses in law schools and film schools around the world. He is the co-creator and Director from Practice, emeritus, of the “Indie Film Clinic” at Cardozo Law School and has spent the better part of the last two decades creating ways to make difficult legal concepts accessible to artists. Full Bio »

Webinar Summary

Acquiring the rights to a literary property with an eye towards turning it into a movie or television series is one of your primary responsibilities as a filmmaker or producer. Or, if you’re a writer with a screenplay or someone who owns IP that can be made into a film or TV series, how do you know you’re signing the right contract with a producer? Whether you are looking to acquire a screenplay, article, book, graphic novel or comic book series you need an option/purchase agreement — or is it shopping agreement? Or is it an attachment agreement? Trying to understand which agreement is right for you can make your head spin. But, it’s important to make sure you come to the table with the right agreement to protect yourself upfront and secure all the necessary rights to the amazing property you’re after.

At a glance, it seems that there is overlap between the holy trinity of rights agreements: shopping, option/purchase and attachment. Unfortunately, many people confuse the terms and as a result people often end up coming to the bargaining table with very different ideas on what kind of agreement they are — resulting in the creation of Frankensteined-together versions of these three types of contracts. The wrong drafting can leave the writer stripped of their copyrights or producers and filmmakers unable to secure financing because they don’t have the rights they thought they paid for. There are key distinctions between these three agreements and any producer or filmmaker(or on the flipside, writer)must know the difference between them. Experienced entertainment attorney Thomas A. Crowell, Esq. is here to help.

Thomas A. Crowell, Esq. counsels clients on a wide range of entertainment law and intellectual property rights issues, including clients who have had deals with TLC, Elsevier Publishing, Starz, Discovery Communications, Focal Press, the Smithsonian Network, WE: The Women's Entertainment Network, The Science Technology Network, IDW Publishing, and Sony Entertainment. His clients' work is seen in the pages of Marvel and DC comics and on movie, TV, computer, and mobile screens across the world. A former television producer and director of development for STN, Thomas has spent the better part of the last two decades creating ways to make difficult legal concepts accessible to creatives.

Thomas will give you a solid foundation of the legal issues involved in the acquisition of film rights, as well as a rubric for understanding, negotiating, and drafting key provisions in the option/purchase, shopping agreement, and attachment deals. He will walk you through the basics of copyright law and the legal steps necessary in transferring rights. Next he will discuss common pitfalls writers and producers make when it comes to breaks in the chain of title, joint authorship, and work for hire. Critically, Thomas will spell out the differences between shopping, option/purchase, and attachment agreements and will give invaluable tips on how to negotiate and draft these agreements to ensure you’re getting what you need and not being taken advantage of. You will have the tools you'll need to navigate the murky waters of copyright law and to land the rights to your dream literary property.

 

Praise for Thomas

 

“I would wholeheartedly recommend this webinar not only to producers and writers, but to anyone in the business, even if you think you know what you're doing. It's mandatory viewing if you call yourself a professional."

- Anna H. 

 

"Very informative. Liked how he emphasized applying for copyright. I still thought registering with WGA was enough. Liked how organized his lecture was. I'll watch it again."

- Joanne E.

 

"The best I've heard this explained."

- Patricia C.

 

"The best webinar I have taken here so far. Great visuals, clear explanations, relevant topic."

- Maritere Y.

 

"Thomas was excellent. Articulate, helpful diagrams, and I liked his delivery and vast experience as a producer and lawyer."

- Virginia K

What You'll Learn

  • Foundations: the “Right” Rights
    • A brief primer on copyright law
    • Rights in literary works and their derivatives
    • Legal steps necessary to transfer and acquire those rights
  • Common Rights Pitfalls Faced by Producers and Writers
    • Breaks in the chain of title
    • Joint authorship
    • Work for hire
  • Breaking Down the 3 Types of Agreements: Shopping, Option/Purchase and Attachment
    • Identifying necessary issues all literary rights agreements must deal with
    • The shopping agreement
    • The option/purchase agreement
    • Attachment agreements
  • A Guide to Negotiating and Drafting Literary Rights Agreements
    • The anatomy of a shopping agreement and tips for negotiating and drafting
    • The anatomy of the option/purchase agreement and tips for negotiating and drafting
    • The anatomy of the attachment agreement and tips for negotiating and drafting
  • Q & A with Thomas
  • Bonus! Thomas will be giving students a handout on option agreements.

 

THIS PRESENTATION HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE LEGAL ADVICE OR A LEGAL OPINION. PLEASE BE AWARE THAT QUESTIONS YOU RAISE DURING THE WORKSHOP ARE NOT CONFIDENTIAL. ONLY YOUR ATTORNEY CAN ADVISE YOU WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC CASE AND SITUATION.

About Your Instructor

Thomas A. Crowell, Esq. is an entertainment and intellectual property attorney and partner with the New York law firm of LaneCrowell, LLP. A former television producer and director of development for STN, Mr. Crowell counsels clients on a wide range of entertainment law and intellectual property rights issues. He has worked with clients who have had deals with TLC, Elsevier Publishing, Starz, Discovery Communications, Focal Press, the Smithsonian Network, WE: The Women's Entertainment Network, The Science Technology Network, IDW Publishing, and Sony Entertainment. His clients' work is seen in the pages of Marvel and DC comics and on movie, TV, computer, and mobile screens across the world.

A frequent columnist for film industry publications, Mr. Crowell is also the author of a best-selling legal guide for independent producers, “The Pocket Lawyer for Filmmakers” (Focal Press), which has been adopted as a core textbook in many film and law schools across the United States. His latest book is “The Pocket Lawyer for Comic Book Creators” (Focal Press) — is the very first dedicated legal guide for the comic book industry. He currently serves as a series editor for Focal Press and its new line of legal guides for artists.

Mr. Crowell has taught media law courses in law schools and film schools around the world. He is the co-creator and Director from Practice, emeritus, of the “Indie Film Clinic” at Cardozo Law School and has spent the better part of the last two decades creating ways to make difficult legal concepts accessible to artists.

FAQs

Q: What is the format of a webinar?
A: Stage 32 Next Level Webinars are typically 90-minute broadcasts that take place online using a designated software program from Stage 32.

Q: Do I have to be located in a specific location?
A: No, you can participate from the comfort of your own home using your personal computer! If you attend a live online webinar, you will be able to communicate directly with your instructor during the webinar.

Q: What are the system requirements?
A: You will need to meet the following system requirements in order to run the webinar software: Windows 7 or later Mac OS X 10.9 (Mavericks) or later.
If you have Windows XP, Windows Vista and Mac OS X 10.8 (Mountain Lion): The webinar software does not support these operating systems. If you are running one of those operating systems, please upgrade now in order to be able to view a live webinar. Upgrade your Windows computer / Upgrade your Mac computer

Q: What if I cannot attend the live webinar?
A: If you attend a live online webinar, you will be able to communicate directly with your instructor during the webinar. If you cannot attend a live webinar and purchase an On-Demand webinar, you will have access to the entire recorded broadcast, including the Q&A.

Q: Will I have access to the webinar afterward to rewatch?
A: Yes! After the purchase of a live or On-Demand webinar, you will have on-demand access to the audio recording, which you can view as many times as you'd like for a whole year!

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