Rights Management

Question 1

What is chain of title

Answer 1

1. series of documents or agreements regarding the official ownership record for video
2. series of transfers of title = ownership from author to producer

Question 2

What are the primary rights for a printed book?

Answer 2

Book authors typically license, not assign, the exclusive rights of reproduction and distribution to publishers for a term

Question 3

How do authors collect royalties based on publisher’s sales

Answer 3

They get:

1. Percentage of revenue based on sales
   - At agreed-upon intervals
2. Advance on royalties
   - Not an additional payment

Question 4

What happens when an author licenses her subsidiary rights?

Answer 4

Author can reserve these rights and license them separately

1. Term: for length of literary copyright or shorter
2. Territory or worldwide
3. For adaptations i.e derivative works “different enough from the original to be regarded as new works with separate copyrights”

Question 5

Who licenses subsidiary rights globally? What are these rights?

Answer 5

the author.

1. Translation rights
2. Sale of other editions of publisher in another territory

Question 6

Who licenses the author’s subsidiary rights after her death?

Answer 6

The author’s estate

Question 7

What does chain of title apply to

Answer 7

video ONLY

Question 8

Who owns a video?

Answer 8

Typically the film production company

Question 9

What does ‘title’ in chain of title refer to?

Answer 9

Ownership

Question 10

What does chain of title document?

Answer 10

1. the ownership of IP (intellectual property) or permission to use IP
2. Waivers/releases of legal claims
3. Warranties that no legal problems with video

Question 11

What does chain of title for video include?

Answer 11

1. script
2. Location releases: the permission to record in a location
3. Appearance releases
4. Talent agreements
   - waive or specify any ownership rights
5. use of copyrighted works
6. TM clearance customary, but not necessary

Question 12

What does chain of title for video aim for?

Answer 12

“clear” or “unbroken” CoT, certified by lawyer, to get

1. Financial backing for production
2. Distribution

Question 13

What is an option?

Answer 13

The exclusive right to develop a film for a limited period, usually 12-18 months, without competition

Question 14

After the period of time, what happens when the producer exercises the option?

Answer 14

Purchase from the author the license for her subsidiary rights, the right to make the film for the remainder of its term

Question 15

After the period of time, what happens when the producer does not exercise the option?

Answer 15

the author is free to seek out other producers

Question 16

what is the errors and omissions insurance?

Answer 16

an insurance that covers for legal liability arising from chain of title, most film distributors require it

Question 17

How to apply for Errors and Ommsisions insurance

Answer 17

1. apply for insurance policy from E&O insurer for film
2. document CoT, cases for fair use of music etc
3. inspect CoT, accept risks are minimal
4. E&O insurer offered policy, producer purchased it
5. legal liability for music used
6. producer files claim with insurer to settle
7. insurer settles or refuses to if producer withheld information about legal risk involved with the fair use claim