Understanding the Business of Media Entertainment 2nd Edition by Gregory Bernstein ISBN 0367074532 9780367074531

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ISBN 10:    0367074532
ISBN 13: 978-0367074531
Author:       Gregory Bernstein

This revised edition of Understanding the Business of Media Entertainment is an indispensable guide to the business aspects of the entertainment industry, providing the information you need to break in and to succeed.

Written in a clear and engaging tone, the second edition of this book covers the essential topics in a thorough but reader-friendly manner and includes plenty of real-world examples that bring business and legal concepts to life, such as the growing clout of digital companies and the rise of streaming providers like Netflix and Amazon, the transformation of independent film development and distribution, and changes to the media ownership landscape. Award-winning screenwriter and entertainment attorney Gregory Bernstein gives an insider’s look at the filmmaking business, from copyright law and government media regulation to development, distribution, revenue, the role of agents, managers, and unions, entertainment contracts, and more. Other topics covered include:

• Hollywood’s growth and the current conglomerates that own most of the traditional media.
• How specific entertainment companies operate, including facts about particular studios and employee tasks.
• How studios develop projects and engage in marketing and distribution.
• The kinds of revenues studios earn and how they account for these revenues.

Understanding the Business of Media Entertainment 2nd Table of contents:

SECTION 1: Law and Entertainment

CHAPTER 1: Copyright Law

• Introduction
• In the Beginning
• What Works Qualify for Copyright Protection?
  • Work of Authorship
  • Original Works
  • Works Fixed in a Tangible Medium of Expression
• What Can’t be Copyrighted?
  • Ideas
  • Protecting Ideas via Contract Law
  • Facts
  • Titles
  • Fictional Characters
• When Does Copyright Ownership Begin, and What Do You Have to Do to Secure Copyright Ownership?
• What Specific Rights Do Copyright Owners Receive?
  • The Right to Reproduce
  • The Right to Prepare Derivative Works
  • The Right to Distribute Copies
  • The Right to Perform Publicly
• Licensing and Divisibility of Copyright
  • Joint Works
  • Work for Hire
• How Long Does Copyright Last?
• Copyright Infringement
  • Access
  • Substantial Similarity
  • Striking Similarity
• Fair Use
  • Fair Use Factor #1: The Purpose and Character of the Use
  • Fair Use Factor #2: The Nature of the Copyrighted Work
  • Fair Use Factor #3: The Amount and Substantiality of the Portion Used
  • Fair Use Factor #4: The Effect on the Market Value of the Underlying Work
• Notes

CHAPTER 2: Music Copyright

• Introduction
• Music and Copyright Law
• Compulsory Mechanical License
• Sound Recordings
  • Ownership of Sound Recordings
  • Sampling and Mash-Ups
• Music Publishing
• Licenses
  • Synch License
  • Performance License
  • Grand Rights
• Notes

CHAPTER 3: Copyright and Piracy

• Introduction
• The Betamax Case
• Napster and Grokster
• YouTube and the Digital Millennium Copyright Act
• Piracy’s Current Impact
• Morality and Digital Piracy
• Notes

CHAPTER 4: International Copyright

• The Berne Convention
• Moral Rights
• Notes

CHAPTER 5: First Amendment Law

• Introduction
• Entertainment and “Speech”
• Obscenity
• Indecent Speech
  • The Internet and Indecent Speech
• Violence in Entertainment
• Voluntary Censorship
• Libel and Slander
  • Public Figures
• Invasion of Privacy
  • Intrusion
  • Public Disclosure of Private Facts
  • False Light
  • Misappropriation of Someone’s Name or Likeness
  • Right of Publicity
  • Defamation and Invasion of Privacy: Life Rights Agreements
• Notes

---

SECTION 2: Entertainment Companies

CHAPTER 6: The FCC and Government Regulation of the Media

• Introduction
• Vertical and Horizontal Integration
• The FCC: Basics
• The Right to Broadcast
• Licensing and FCC Media Ownership Rules: 1934–1980
• Film Regulation: 1934–1980
• TV and Film Regulation Since 1980
• Net Neutrality and Internet Regulation
• Regulation: Where We Are Today
• Notes

CHAPTER 7: Media Growth and Ownership

• Introduction
• Film: The First Few Decades
  • Paramount Pictures
  • MGM
  • Warner Bros.
  • 20th Century Fox
  • RKO Pictures
  • Universal Pictures
  • The Walt Disney Company
  • Columbia Pictures
  • United Artists
• The Early Days of Radio and Television
  • Columbia Broadcasting System (CBS)
  • National Broadcasting Company
  • American Broadcasting Company
• Media Conglomeration: 1962–1980
  • Universal Pictures (Sold to MCA)
  • Paramount Pictures (Sold to Gulf and Western)
  • United Artists (Sold to Transamerica)
  • Warner Bros. (Sold to Seven Arts and then to Kinney National Company)
  • MGM (Sold to Kirk Kerkorian)
• 1980–2000
  • Columbia Pictures (Sold to Coca-Cola and then to Sony Corporation)
  • Warner Communications (Bought Time Inc. and Turner Broadcasting System)
  • Universal Pictures (Sold by MCA to Matsushita, then Seagrams, then Vivendi)
  • Paramount Pictures (Sold by Gulf and Western to Viacom)
  • MGM (Sold Multiple Times)
  • 20th Century Fox (Sold to News Corp.)
  • NBC (Sold to General Electric)
  • CBS (Sold to Lowes Inc. and then to Westinghouse)
  • ABC (Sold to Capital Cities)
  • Walt Disney Company (Bought Capital Cities Communications)
  • DreamWorks SKG Created
• 2000–2018
  • CBS (Sold by Westinghouse to Viacom)
  • Time Warner (Bought by AOL, then Divorced AOL)
  • Universal Pictures (Sold by Vivendi to General Electric)
  • DreamWorks SKG (Bought by Paramount Pictures, then Divorced from Paramount)
  • Universal and NBC (Sold by GE to Comcast)
  • Time Warner Cable (Acquired by Charter Communications)
  • Time Warner (Acquired by AT&T)
  • 20th Century Fox (Major Film and TV Assets Bought by Disney)
• Media Ownership Today
  • CBS/Viacom
  • Comcast
  • AT&T
  • 21st Century Fox
  • The Walt Disney Company
  • Sony
• The Impact of Media Conglomeration
• Notes

CHAPTER 8: Unions, Agents, and Managers

• Entertainment Unions
  • Introduction
  • Guild Governance
  • Guild Contracts
  • Minimum Salaries and Benefits
  • Working Conditions
  • Credit
  • Jurisdiction
  • Residuals
  • Residuals and the History of Entertainment Union Strikes
  • Unions, Strikes and Sharing the Wealth
• Agents and Managers
  • Introduction
  • Types of Agents and Agencies
  • What Do Agents Do?
  • Rules Governing Agents
  • Becoming an Agent
  • Getting an Agent
  • Managers
• Notes

---

SECTION 3: What Studios Do

CHAPTER 9: Development

• Choosing Ideas
  • Where Do Film and TV Pros Look for Ideas to Develop?
  • New Writers and Producers: Choosing Ideas
  • The Artistic Perspective
  • The Business Perspective
• Studio Film Development
  • Developing Projects On Your Own
• Television Development
  • Who Can Pitch and Develop TV Shows?
• Some Thoughts About Development Hell
• The End of Development
• Which Studio Departments Manage Development?
  • Production Department
  • Business Affairs
  • Legal Department
  • Production and Post-Production: The Filmmakers Take Over
• Notes

CHAPTER 10: Distribution

• Introduction
• The High Cost of Traditional Film Distribution
• The Need to Market Big, Spend Big, and Open Big
• Distribution Strategy
• Distribution Personnel and Activities
• Following the Money and Ancillary Revenues
• The Impact of High Distribution Costs on Content
• Television Distribution
• Types of Distribution Revenue
  • Advertising
  • Sales of Physical Discs
  • Syndication
  • Cable Channels’ Carriage Fees
• Subscription Services and the Future of Television Distribution
• Epilogue – Other Studio Departments
• Notes

---

SECTION 4: Money and Contracts

CHAPTER 11: Gross and Net Proceeds

• Introduction
• Film Accounting: When Is a Film “Profitable”?
• Gross Proceeds and Net Proceeds
  • “Defined Gross” – i.e. The Revenue Pot
  • Gross Proceeds
  • Net Proceeds
• The Internet Companies and Profit Participations
• Notes

CHAPTER 12: Entertainment Contracts

• Introduction
• Rights Agreements: Option/Purchase Contracts
  • What It Means to Option a “Property”
  • Conditions Precedent
  • Exclusivity
  • Option Periods – Initial Option Period and Option Extension Periods
  • Option Period Costs
  • Permitted Option Period Activities
  • Exercise of Option
  • Purchase Price – Fixed Compensation
  • Purchase Price – Contingent Compensation
  • Grant of Rights
  • Reserved Rights
  • Payments for Sequels and Remakes
  • Representations, Warranties, and Indemnities
  • Credit
  • Consultation/Approval Rights
  • Travel and Perks
  • Force Majeure
  • Right to Assign
  • No Obligation to Produce
  • Options and Life Rights Agreements
• Agreements for Screenwriters
  • Conditions Precedent
  • Guaranteed Writing Services
  • Optional Writing Services
  • Writing Periods
  • Reading Periods
  • Exclusivity
  • Compensation
  • Fixed Compensation
  • Bonus and Contingent Compensation
  • Credit
  • Work for Hire – Grant of Rights/Results and Proceeds
  • Right of First Negotiation
  • Warranties, Representations, and Indemnities
  • Travel and Perks
  • Force Majeure and Right to Assign
  • Certificate of Authorship
• Agreements for Directors
  • Conditions Precedent
  • Services
  • Exclusivity
  • Compensation
  • Development Fee
  • Fixed Directing Fee
  • Contingent Compensation
  • Pay or Play
  • Credit
  • Approval/Consultation Rights
  • Cuts and Previews
  • Production Requirements
  • Grant of Rights (a.k.a. “results and proceeds”)
  • Suspension and Termination
  • Publicity Services
  • Sequels and Remakes
  • Representations, Warranties, and Indemnities
  • Work for Hire, Right to Assign, and Travel and Perks
• Agreements for Actors
  • Services
  • Start Date
  • Compensation
  • Pay or Play
  • Credit
  • Dressing Room
  • Hair and Makeup and Wardrobe
  • Still Photograph and Likeness Approval
  • Nudity
  • Merchandising
  • Representations, Warranties and Indemnities/Suspension and Termination/Force Majeure/Right to Assign
  • Travel and Perks
• Agreements for Producers
  • Conditions Precedent
  • Services
  • Exclusivity
  • Compensation
  • Pay or Play
  • Credit
  • Approval/Consultation Rights
  • Grant of Rights
  • Turnaround Right
  • Warranties, Representations, and Indemnities
  • Production Requirements
  • Suspension and Termination, Force Majeure, Right to Assign, Travel and Perks
• Notes

CHAPTER 13: Independent Film Development, Financing, Contracts, and Distribution

• Introduction
• Development
• Film Financing
  • Studio Financing
  • Crowdfunding
  • Angel Investors
  • Foreign Pre-Sales
  • Tax Incentives
  • Gap Financing
  • Negative Pick-Ups
• Television Financing
• Negotiating Contracts with Independent Filmmakers
• Film Distribution
• Film Finance and Distribution Deals
• Notes

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SECTION 5: Voices

CHAPTER 14: Making It Into the Business

• Michael Poryes
• Cynthia Kanner
• Mike Knobloch
• Hamilton Sterling
• Dana Lustig
• Maureen Tunney

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