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When a group of producers, artists, writers, and actors make a film, they are crafting a unique work featuring various forms of intellectual property. While intellectual property laws are designed to safeguard those involved in the entire process from the unauthorized use of these works, it is crucial to secure the necessary clearances for motion picture creation, licensing, and distribution.
A Fort Lauderdale film lawyer could assist with the full scope of the licensing and distribution process, including negotiating separate licenses, license terms, and payment structures. An entertainment law attorney could also help producers, directors, and motion picture studios safeguard the project from its earliest stages, including drafting contracts, negotiating release requirements, and providing practical legal advice at every phase of the filmmaking process.
Any film production typically involves work created by multiple people, and these works must be registered to mitigate future infringement issues, allegations, or disputes. Producers and others involved in the creative process of making the project will need to secure various intellectual property rights, including scripts, music, artwork, photography, and the actual film itself. This can include securing numerous trademark and copyright protections.
Trademarks could include designs, logos, or images that are used in a film. Filmmakers may also need assistance from a Fort Lauderdale film lawyer in obtaining the proper licensing for trademarks and logos to be used in in a project.
Securing copyright protections is another key element of filmmaking, since the owner of a copyright can distribute, display, or adapt this creative work on an exclusive basis. Filmmakers must obtain the exclusive rights to their work, including the right to control public performances of that work.
To display copyrighted content in a film project, the production team must obtain permission from the original copyright owner. A skilled IP attorney can assist with obtaining and registering of intellectual property rights for a film, including option and licensing agreements to securing rights to use materials by other intellectual property owners.
Film distribution and licensing is a complex area of law. It is important to work with a Fort Lauderdale attorney who has the experience, knowledge, and connections to handle these essential points of bringing a film project to fruition. Film distribution revolves heavily around the right intellectual property licensing.
These licenses may allow the licensee sole, limited, exclusive, or non-exclusive rights, or a combination of the above. For example, negotiating the proper licensing agreement with a distributor who will be releasing the film in different market segments (e.g., domestic theaters, film festivals, video on demand services) is crucial to maximize the potential of a project’s intellectual property.
Distributors may seek comprehensive rights, but an attorney can advise where it is advantageous to retain certain rights that could increase future returns on the project. An attorney can negotiate strategic revenue sharing models, as well as terms and durations of intellectual property licensing agreements. It is also important to arrange shrewd cost terms with distributors for marketing the film that will ensure a wide reach without overtly cutting into revenue and profits.
Whether you are working on an independent movie or a project that falls under film industry union protections, it is vital to have qualified legal representation to oversee the whole project. In addition to managing a wide range of intellectual property matters from protecting creative assets to negotiating licensing agreements, an attorney could offer counsel, oversee talent agreements, and draft all vital contracts.
A Fort Lauderdale film lawyer could also manage the acquisition of creative materials such as purchasing rights to a novel or music that will be used in the production process. Contact our office today to discuss your filmmaking needs with an experienced member of our team.
