Film and Television Law: Bringing Content to Fruition
This industry-leading legal event brings together renowned legal, financial and industry experts to explore current and key film and television issues. Scrutinise the latest content regulations, creator deals, music licensing and screen adaptations issues. Plus focus on financial issues, contracts, format rights and risk strategy. With so many challenges and an influx of international productions on our shores, it’s critical that you keep updated with the latest developments impacting the sector. WEB219N20
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Content, Creation and Production
Chair: Theo Dorizac, General Counsel, SBS
SOURCING CONTENT & SELLING IT
9.00am to 10.00am Local Content & the Regulation of Streaming Networks
- 2020 reforms to content regulation
- 2020 green paper issues, responses and where we are at
- International examples
Presented by Amy Noble, Director of Business Affairs and Legal, Fremantle
10.00am to 11.00am Creator Deals and Optioning Existing Works for Television and Film
- The essentials:
- What to option
- Who to contract with
- On what terms?
- How to involve the creator… or not
Presented by Janine Lapworth, Senior Consultant, Simpsons Solicitors
11.00am to 11.15am Morning Tea
CREATING CONTENT & WHAT GOES INTO IT
11.15am to 12.15pm Music Licensing and Publishing
- Recap on music rights to be acquired
- Using sound-a-likes
- Considering use of ‘public domain’ works
- Synch license approvals process
- Exploiting soundtrack albums
Presented by Chris Chow, Managing Director, Creative Lawyers
12.15pm to 1.15pm Based on a True Story: Risk and Strategies for Adapting True Stories
SBS’s in-house lawyers discuss legal risk and strategies for adapting true stories for the screen
- Blurring fact and fiction: legal challenges with using ‘artistic license’
- Recent examples from Australia and overseas: from the House of Hancock to the Good Fight
- The role of disclaimers and other risk mitigation strategies
- A checklist for managing risk
Presented by Lucinda Edwards, Senior Legal Counsel and Nicole Choolun, Legal Counsel, SBS
Session 2
Financial Issues and Risk Strategy
Chair: Theo Dorizac, General Counsel, SBS
PAYING FOR THE PRODUCTION
2.00pm to 2.45pm Auditing Productions for Rebate
- Getting your production accounts through the audit process with ease
- Clarifying the various State and Federal Government rebates
- Ensuring your production accounts comply with the rebates
- Understanding the detailed Rebate requirements
- Navigating a smooth course through the rebate process
Presented by Christopher Coote, Principal, Christopher Coote & Co
MINIMISING THE PRODUCTION'S RISK
2.45pm to 3.30pm Co-Productions: Common Misconceptions and Practical Tips
- What to watch for when setting up your co-production
- What to be aware of when preparing your paperwork for co-production approval
- What to look out for when in production
Presented by Jenny Lalor, Principal, Lalor Law and Colleen Champ, Co-Production Manager, Producer Offset and Co-production, Screen Australia
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Navigating (and Avoiding) Contractual Disputes
- Why do contractual disputes occur?
- How to avoid them with careful drafting up front
- Which contracts apply?
- If you have to fight, how to choose the ring and navigate the first round
Presented by Scott Coulthart, Special Counsel, Mills Oakley
4.30pm to 5.15pm Format Rights: Legal Issues
- The law of confidential information
- The tort of passing off
- Trade practices and consumer protection law
- Copyright
- Case studies
Presented by Shaun Miller, Principal, Shaun Miller Lawyers (Livestream from Melbourne)
Presenters
Shaun Miller
Shaun Miller is the principal of the sole practice law firm Shaun Miller Lawyers, which specialises in film and entertainment law. The firm predominantly acts for production companies that make film content, including feature films, documentary films, television series, web series and shorts. Legal services are provided at each stage in which that film content is made: development, financing, production, distribution and marketing. Shaun also has a background working in film distribution and exhibition via Sharmill Films and Cinema Nova. And he was awarded Lawyer of the Year, Entertainment Law, Best Lawyers 2020. Website: www.shaunmillerlawyers.com.au
Scott Coulthart
Scott Coulthart is Special Counsel in the Brisbane office of Mills Oakley, where he heads up the Entertainment Law team and is joint head of the Digital Law team. Scott has been a solicitor for 28 years and has extensive experience in all aspects of Entertainment Law with a focus on Film and TV. Scott is also an expert in IP, Technology and Data Protection. Scott's capabilities in Technology law are enhanced by his seven years as a computer programmer before becoming a full-time lawyer and his related industry knowledge in Entertainment originally stems from almost 35 years as a part-time professional musician.
Jenny Lalor
Jenny Lalor has been working in legal and business affairs in film and television for more years than she cares to admit. Whilst living in London between 1990 and 2000, she worked for the BBC, Carlton Television and Tiger Aspect Productions (including on Billy Elliot and The Animated Mr. Bean). Returning to Melbourne in late 2000, she has worked on a variety of film and television projects across all genres. She now has her own practice specializing in entertainment law and provides executive producing services on a range of projects.
Colleen Champ
Colleen Champ has extensive experience in the creative sector working across development, production, management, financing, regulatory and policy. Colleen is the Co-production Manager at Screen Australia responsible for managing Australia’s international co-production program. Australia has bilateral agreements with thirteen countries and Colleen works with producers and authorities around the world to facilitate co-production between international filmmakers. Colleen is also a senior assessor working across the administration, assessment and approval of applications for the producer offset. The producer offset is a tax rebate and the primary vehicle for Government investment into the screen sector. Colleen has a Bachelor and a Master of Laws and recently completed the Diploma of Legal Practice.
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. As well as being a lawyer, she holds a Bachelor of Arts (Honours) in film and television studies, is an avid sports fan and former competitive athlete, giving her a deep understanding of her clients’ industries. 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.
Lucinda Edwards
Lucinda Edwards is a Senior Legal Counsel with Special Broadcasting Services (SBS), with over fifteen years industry experience working in the media industry in the UK and Australia. She is part of the SBS legal team who were awarded Sport and Entertainment Team of the Year at the Lawyers Weekly Corporate Counsel Awards in 2021 and has previously worked both in-house and in private practice. Lucinda provides advice across SBS's television, online and radio services on a range of issues including management of the commissioned slate of content, providing pre-publication advice to journalists and producers in the news and current affairs division and advising on sports and content acquisitions.
Janine Lapworth
My practice revolves around clients in the creative industries. I bring broad corporate, commercial, intellectual property, entertainment and litigation experience, gained at national and international law firms and in senior in-house legal positions at the Australian Broadcasting Corporation in Sydney and ESPN Star Sports in Singapore. I've enjoyed working with a wide range of clients based in Australia and overseas, including international studios, industry groups, technology start-ups and other creative businesses. I currently sit on the board of Australian Theatre for Young People.
Amy Noble
Amy Noble is Fremantle Australia’s Director of Business Affairs and Legal. Amy has a Masters of Law from the Queensland University of Technology and began her legal career in 2004 at Phillips Fox, now DLA Piper. She went on to work as a contracts executive for Thomson Reuters in London and as a Senior Solicitor at Clayton Utz in Brisbane. Amy shifted her focus in 2010 to work in-house as a lawyer for Screen Australia. Since 2014, she has been a senior member of the Sydney business affairs and legal team at Fremantle Australia one of Australia’s largest independent producers of television shows.
Theo Dorizac
Theo Dorizac is General Counsel of SBS leading the Legal, Rights Management, Archives and Business Information Governance and Records Management teams which encompass key legal capabilities including prepublication advice, commercial and technology transactions and dispute resolution; rights and licensing, archives, document management, retention and governance. Theo joined SBS in 2014 and has extensive experience collaborating with and advising media executives, producers and journalists. Prior to joining SBS, Theo was a Corporate Counsel at Nine, legal and compliance lawyer at Channel 4 in the UK and started his career as a solicitor in private practice in New Zealand.
Chris Chow
Chris Chow is the founder and Managing Director of Creative Lawyers. He specialises in advising clients on contractual, commercial and intellectual property matters in the entertainment and creative industries. Chris has spent his entire career working with clients involved in music, film, TV, games/software, content and otherwise creative endeavours, helping them achieve practical solutions, protect their rights and assist in dispute resolution. Chris founded the firm in 2012, and it has since become a one-stop-shop for clients in the entertainment and creative industries.
Chris Coote
Christopher Coote & Co is a firm of Chartered Accountants based in Lindfield on Sydney’s Upper North Shore and offering a full range of accounting and taxation services. The main specialisation of the firm is in the Screen Industry. For over 30 years the firm has offered specialist services to screen producers both nationally and internationally. The firm provides a full screen industry service from Opinions for financiers before production commences, complete audit of the production for both investors and Screen Australia, applications for Substituted Accounting Period, final taxation return for claiming rebates and distribution of the Rebates to financiers and producers.