Film and Television Law Conference 2021
213N26: This industry-leading legal event brings together renowned legal, financial and industry experts to explore some of the most current and key film and television law issues. Split into two practical sessions, the morning focuses on key legal industry issues including production and the producer’s offset, in addition to content regulation and podcasts. In the afternoon you will explore the current concerns in pre-publication, defamation and employment issues.
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Key Legal and Commercial Issues in Film and TV
Chair: Georgina Waite, Head of Content Business, Australian Broadcasting Corporation
9.00am to 10.00am Production, Financing and Distribution Agreements
- Chain of title and key production agreements / insurance required for closing
- Film and television finance closing agreements
- International sales, global streaming and distribution agreements
Presented by David Whealy, Managing Partner, David Whealy and Associates
Professional Skills
10.00am to 11.00am The Producer’s Offset
- Analysis of the PDV and producer offsets
- Examine the major legislative changes to the producers offset effective July 2021
- Crowd funding investment in film
- Substituted accounting period for SPV
Presented by Matthew Carter, Media Accountant, Above the Line Accounting
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Australian Content Regulation
In response to one of the recommendations arising from the ACCC’s ground breaking Digital Platforms Inquiry, the Australian Government released an options paper in April 2020 to consult on how best to support Australian stories on our screens in today’s current environment, reflecting the preferences of Australians for the use of streaming services.
Consider the next steps in the Government’s reforms in this area.
Presented by Angela Flannery, Partner, Holding Redlich
12.15pm to 1.15pm Podcasts: An Overview of Legal and Commercial Issues
- The marketplace for podcasts in 2021
- Commissioning and production of podcasts
- Distribution and advertising
- Clearance and legal review Issues
Presented by Michael Easton, Director, Michael Easton Legal
Session 2
Pre-Publication, Defamation & Employment for the Film Industry
Chair: Sonia Borella, Consultant, Simpsons Solicitors
2.00pm to 3.00pm Defamation Reforms and Updates in a Film and Television Context
- Update as to reforms to defamation law
- Status and nature of reforms and changes
- Relevance and potential impact of reforms to the film and television sectors
Presented by Ben Kay, Partner, Kay and Hughes
3.00pm to 4.00pm Engaging Film and Television Personnel: Employees or Contractors?
- Making the distinction between independent contractors and employees
- ‘When and why’ to engage contractors
- The costs of misclassification
- Case study: Are actors are independent contractors or employees?
- Jensen v Cultural Infusion (Int) Pty Ltd [2020] FCA 358
- Practical tips
Presented by Louise Rumble, Partner, Holding Redlich
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm A Day in the Life of a Prepublication Lawyer: Putting Legal Principles into Practice
- Defamation tips and traps: managing criticisms carefully
- Contempt: navigating the moveable feast that is criminal proceedings
- Investigative journalism: planning is essential
- Copyright: assessing the ‘fair’ in fair dealing
Presented by Nicole Choolun, Legal Counsel, SBS
Presenters
Georgina Waite
Georgina Waite is Head of Content Business at the Australian Broadcasting Corporation, where she has recently been appointed to oversee strategic business planning to source content, manage expenditure and secure the rights to support the ABC’s content output and connection to audience. She manages the teams responsible for negotiating deals terms, budgets and contracts for commissioned and acquired content and oversees reporting on those activities. Georgina has worked at the ABC for many years as Head of Business Affairs and as a Senior Lawyer in the ABC legal team.
David Whealy
David is the director of the incorporated entertainment legal practice David Whealy and Associates Pty. Ltd. David is regarded as one of the leading and most experienced entertainment legal practitioners in Australia, possessing over 20 years' entertainment legal experience including senior executive positions with Omnilab Media, Holding Redlich, Beyond, ABC TV and PolyGram. David's areas of expertise include copyright, trademarks, Australian and international film and television financing, production and chain of title agreements, music, distribution, prints and advertising funding, and sales.
Matthew Carter
Matthew is Managing Partner of Above The Line Accounting, a Chartered Accounting firm specialising in the Media and Entertainment industry. He is an experienced Chartered Accountant with 30 years Chartered and commercial experience, including working for KPMG and Deloitte in business services & audit. Matthews passion is the creative industries, and he has a Masters in Producing and a Graduate Diploma in Screen Business from AFTRS. As well as being Executive and Associate producer on several feature films and TV series, Matthew has have worked on hundreds of productions as production accountant, post-production accountant and QAPE Accountant.
Angela Flannery
Angela is a partner in Holding Redlich’s Corporate and Commercial group. Angela has over 20 years’ experience as a partner in private practice and in senior Australian Federal Government roles including roles as General Counsel and First Assistant Secretary at the Department of Communications and the Arts. She has broad commercial law expertise in both transactional and regulatory matters, with a focus on telecommunications, media and technology (TMT) as well as privacy and cyber security.
Michael Easton
Michael Easton is a lawyer with 20 years' experience in the film, television, music and entertainment industries. Michael established his own practice, Michael Easton Legal in 2010 and acts for a broad range of clients including BMG Music Publishing Australia, Giant Dwarf, Flume, Nitro Circus, The Preatures, Screentime (producers of Underbelly) and Paul Fenech (Pizza, Bogan Hunters, Houses). He has worked on numerous large and small budget film and television projects, broadcasting and online legals, music publishing and recording contracts, event management, advertising agency work, performers contracts and many other kinds of creative industry issues.
Sonia Borella
Sonia Borella has worked in the film and television industry for over 20 years as a Media, Entertainment and Corporate Lawyer, and since 2016 also as a Producer and Executive Producer. She advises the industry as a Consultant at Simpsons Solicitors and through her company, Borella Buchanan. She has been the lead production lawyer on numerous major feature films, for studios and independent production companies, has advised many local and international television production companies, as well as financiers, investors, broadcasters, screen agencies and talent. She has a particular expertise in international co-productions.
Ben Kay
Ben Kay is a partner at Kay & Hughes Entertainment Lawyers. He acts for some of the most respected names in Australian entertainment industry, and is highly experienced in negotiating, litigating and advising on the complex interplay between law and the work of the creative industries. Ben holds a Master of Laws from the University of New South Wales, with a specialisation in Media and Technology Law. He is a member of the boards of Back to Back Theatre Company, and Theatre Network NSW.
Louise Rumble
Louise Rumble is a partner in Holding Redlich’s Workplace Relations and Safety group. Louise has over 15 years’ experience advising employers on a range of issues including negotiating employment contracts, compliance with minimum terms and conditions, managing employment issues during the employment relationship and employment-related litigation. Louise routinely provides workplace training and recent topics include employment law in the context of #metoo and managing workplace investigations in times of crisis. Louise represents clients in a range of industries in the public and private sectors.
Nicole Choolun
Nicole Choolun has a broad range of corporate and commercial experience developed over 10 years in in-house organisations and private practice, with a focus on media and entertainment. She has worked on many film and television projects for SBS as well as advised production companies, sports and event organisers, record labels, writers and talent. Nicole’s areas of expertise include employment and contracting for talent, prepublication issues, complex production, sports and financing transactions and regulatory matters for broadcasters. She is the recipient of the Lawyer’s Weekly 2020 Sports and Entertainment Lawyer of the Year.
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
- Train Stations - Wynyard 400m OR Martin Place 500m
- Bus Interchange - Clarence Street 450m
- Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates