Legal Issues for the Film and Television Industry
Calling all entertainment lawyers, this one is for you! Unravel the latest in the producer offset guidelines 6 months on. Split into two practical sessions, you will explore the legalities of digital platforms, new guidelines, synchronisation licensing, clearance related issues and WHS. Walk away with a clear understanding of the urgent issues in Visa’s, finance and contracts including children’s ATTRA. Ensure that your current and future projects will be built upon a sound legal foundation. 229N09
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Content and Production: The Legal Issues
Chair: Janine Lapworth, Senior Consultant, Simpsons Solicitors
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Synchronisation and Communication Licences for Musical Works in Film and Television
Analyse synchronisation and communication licences for musical works and sound recordings (‘Music’) to be included in AV content for use and exploitation on various platforms including:
- AV content:
- for ancillary and promotional use on social media
- with primary use on social media
- with primary use on YouTube
- Ancillary and promotional use on YouTube
- The relationship between Synchronisation and Communication Licences in practice: changing expectations
- The Law vs. practice: analyse the gaps and imperfections
- Understand how to capture available revenue streams
Presented by Steve Rosser, Principal, Steve Rosser Law
9.50am to 10.35am The Employment Issues in Film and TV: The ATPA, ATRRA and Cast Contracts
- Minimum rates and employment conditions
- Performer repeat and residual entitlements
- SVOD commissions and ATRRA
- Key clauses for cast deal memos
Presented by Andy Barclay, Manager, Business and Legal Affairs, Screen Producers Australia
10.35am to 10.50am Morning Tea
10.50am to 11.35am Safety and Risk on Production
No film production is immune to safety issues. Even careful preparation won’t always stop things from happening but having worked through a Risk Assessment in advance can be the difference between a sprained knee and something far more serious. In this session, you will explore:
- Covid
- Harassment
- WHS
Presented by Roxanne Fisch, Special Counsel, Clyde & Co
11.35am to 12.20pm IP Clearance Issues and Preserving Rights in Film and Television
IP issues are integral and central to most aspects of the Film and TV industry, despite being neglected until the last minute. From start to finish you will encounter aspects of IP including copyright, branding, IP rights, licensing, and the right to produce and distribute, so that is important that you understand the entire spectrum of what is involved.
In this session you will explore these important issues with Scott Coulthart who has spent many years advising film and TV producers and many others across the entertainment industry generally. You will walk away with practical skills including:
- How to deal with related IP
- Navigating IP clearance issues
- Protecting and preserving all relevant IP and related rights
Presented by Scott Coulthart, Partner, Mills Oakley
12.20pm to 1.05pm A Tale of Two Distribution Agreements
- Real world examples of what works and what will get you into trouble
- Legal and commercial considerations
- Where your bargaining position lies: how far you can push the other side
- Back end and net profit deals: avoiding accounting hazards
- Practically applying contractual principles in film and TV
- Mechanics of distribution agreements and other contracts
- Covenants, warranties, indemnities and commercial terms
Presented by Dan Pearce, General Counsel, Holding Redlich
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Financing in Production and Immigration Issues
Chair: Sonia Borella, Director, Borella Buchanan and Consultant, Simpsons Solicitors
ESSENTIAL GUIDE: FILM AND TELEVISION FINANCE
Professional Skills
2.00pm to 3.00pm The Producer’s Offset: The New Guidelines 6 Months On
- Analysis of the PDV and producer offsets
- New guidelines issued March 2022 applicable to projects beginning principal photography from July 2021
- Substituted accounting period for SPV
Presented by Matthew Carter, Media Accountant, Above the Line Accounting
Practice Management & Business Skills
3.00pm to 4.00pm Feature Film Financing: Where are we now?
- A refresher: previous landscape
- Impact of COVID:
- Bonding
- Insurance
- Temporary Interruption Fund and other measures
- Impact of streamers and the recent moves to regulate the streaming space
- Impact of macroeconomic levers
- Recent changes to State funding
Presented by Ted Cawrey, COO, Elevate Production Finance
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Foreign Productions and Visas
- Entertainment sector isas options post Covid-19
- 408 Visa process and requirements: sponsor/supporter, production information, visa applicant + dependents, character + health
- Temporary Activities Sponsorship process and requirements
- Union consultation requirements: Media, Entertainment and Arts Alliance (MEAA)
- Australia Director’s Guild (ADG), Foreign Actor’s Certification Scheme (FACS)
- Processing times and costs
- Red flags and problem cases
Presented by Karen Lo, Partner, Ajuria Lawyers
Presenters
Janine Lapworth
Janine Lapworth joined Simpsons Solicitors after running her own entertainment law practice for several years. She has 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. She works with a wide range of clients based in Australia and overseas, including international studios, industry groups, tech start-ups and other creative businesses. Janine’s current areas of practice are diverse, from television production and distribution to publishing and general intellectual property advice and contracting
Steve Rosser
Steve has over 25 years Legal and Business Affairs and executive experience in the global media and entertainment industries. He is admitted as a lawyer in both the UK and Australia. Rated as one of Australian TV’s “most powerful and influential dealmakers”, Steve has worked extensively in legal positions in-house, most significantly with 17 years at FremantleMedia Australia and Asia Pacific where he was the Director of Commercial and Legal Affairs. Steve has unrivalled experience in rights acquisition, protection and management, project development, production, financing, sponsorship and distribution across all platforms and media. His comprehensive commercial experience and insight in working with creative talent, both behind and in front of the camera, has established his strong reputation and extensive network.
Roxanne Fisch
Roxanne is a Special Counsel in the Sydney office with extensive experience in workplace relations providing strategic solutions to a broad range of clients on employment law and industrial relations matters. Roxanne has also spent several years working in the UK, where she advised clients on complex asylum cases and appeals, UK immigration and human rights. Her core focus is on achieving commercially sustainable solutions for her clients within the complex legislative framework governing their workplaces and mitigating against disputation across the whole employment life cycle.
Scott Coulthart
Scott has a wealth of experience in the creative, technology and big data industries and regularly advises leading companies in those industries about protection and commercialisation of their products, data and intellectual property. He brings specific industry experience and expertise on technology and data related contracts and contracts in the entertainment industry (music, film, TV, radio and online). Scott is known for cutting through complexity and providing easily digestible and practical advice. His clients include technology companies, data licensing companies, health services providers, scientific research and education institutes and film production companies.
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. Sonia is a former Partner of Holding Redlich, where she chaired the firm's national media, entertainment and technology group. She is also a former member of the advisory committees of each of Ausfilm and Screen Producers Australia.
Matthew Carter
Matthew Carter 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.
Ted Cawrey
Ted Cawrey is COO of Elevate Production Finance. Before becoming COO, Ted had a legal career specialising in entertainment, technology and finance in both Australia and England. After almost a decade at London’s leading media law firm Olswang, Ted led an 18-strong team of specialist media finance lawyers at Ingenious Media. He advised on the financing of hundreds of film and television productions, as well as the set up, governance and operation of numerous film and TV finance funds. He has worked on a huge array of studio and independent films including the Planet of the Apes franchise, Harry Potter and the Goblet of Fire, The Dressmaker, multiple Oscar® winner Slumdog Millionaire, Disney’s National Treasure: Book of Secrets and the Martin Luther King biopic Selma. He is an AACTA member and member of the Brisbane International Film Festival and the Gold Coast Film Festival.
Karen Lo
Karen Lo is a partner at Ajuria Lawyers, widely regarded as one of Australia's leading specialist immigration law practices, offering immigration advice and assistance to businesses across all industry sectors, ranging from start-ups to multinationals. She oversees the entertainment division at the firm helping bring in talent to Australia for indie productions to large productions with hundreds in production crew numbers. Karen specialises in employer-sponsored work visas and has advised on and managed corporate immigration programs for clients including lobbying the Government and other stakeholders on their behalf to bring about positive change in immigration law and policy. Prior to joining Ajuria Lawyers, she worked in the then Department of Immigration and Border Protection, processing complex Partner Visas and worked for the Office of the Migration Agents Registration Authority, delivering sanction decisions against migration agents who had committed serious breaches of the Code of Conduct, including migration fraud.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here