Legal Issues for the Film and Television Industry
Issues covered include: new platforms, technology, music licensing, screenrights opportunites, defamation, employment, tax, financing, sexual harassment, off shore productions, production offsets, production cash flow
Description
At this highly specialised industry conference our esteemed panel will speak on some of the most current and key film and television law issues. Split up into two practical sessions, the morning’s focus on legal content explores the dealing with new digital platforms, defamation parameters and new policy trends. The afternoon examines production issues with a specific focus on employment, finance and tax.
Attend and earn 7 CPD hours in Substantive Law
This conference was recorded in NSW on 11 September 2019
Session 1
Content – The Legal Issues
Chair: Grant McAvaney, Head of Disputes & Litigation | Legal, Australian Broadcasting Corporation (ABC)
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.55am: New Platforms and New Rights: Understanding the New Media Environment
- The nature and definition of IP rights
- How technology is redefining rights
- Dealing with SVOD and TVOD platforms such as Netflix, Amazon and Stan
- Issues to consider when licensing IP rights for film and television
- Update on the ACCC’s review into digital platforms and the Australian and Children’s Screen Content Review
Presented by Nick Cole, Principal, Cole Media & Entertainment Law
9.55am to 10.45am: Legal and Practical Aspects of Music Licensing for Film and Television
- Publishing rights vs master recording rights
- Licensing fees: How are these calculated?
- ‘Most Favoured Nations’ (MFN): What does this mean?
- Common licensing issues: co-writers (multiple publishers), covers, approvals
- Blanket licences: APRA/AMCOS, ARIA and PPCA
- Label and publisher contracts
- Commissioned musical score
- Dealing with several complex scenarios
Presented by Steve Rosser, Consultant Solicitor, Media Arts Lawyer
10.45am to 11.00am Morning Tea
11.00am to 11.30am: Maximising Screenrights Opportunities
- How the Screenrights licences work?
- How the licences generate revenue for rightsholders?
- How to maximise educational royalties and other revenue?
- How Screenrights can assist filmmakers?
Presented by James Dickinson, Chief Executive, screenrights
11.30am to 12.25pm: Key Industry Issues, Priorities and Perspectives
A panel discussion on some key industry issues, priorities and perspectives including:
- Structural reform: whether ACCC Digital Platforms Inquiry should be expanded to Australian content industry and potential terms of trade
- Australian content: the value of quotas and potential quotas for online platforms (e.g. Netflix or YouTube) or for public broadcasters
- Film/TV Incentives: changes to the location/PDV Offset and the shift towards television: What impact will this have on local production?
Moderated by Sonia Borella, Director, Borella Buchanan, Consultant, Simpsons Solicitors
Panellists:
Dr Nick Herd, Head of Policy & Research, Ausfilm
Rebecca Hardman, Head of Legal and Business Affairs (Australia), See-Saw Films
Julia Pincus, Senior Business Affairs Lead – Entertainment, Australian Broadcasting Corporation
12.25pm to 1.15pm: Defamation: Current Approach to Defamatory Content
- Defamation global trends: Where are we headed?
- Eye-watering damages: Why have they gotten so high?
- Recent cases and #MeToo
- Checklist: what to do when you get a demand letter
- Defamation law reform: what’s on the table
Presented by Theo Dorizac, Senior Legal Counsel, Special Broadcasting Service (SBS)
Session 2
Employment, Tax and Financing in Production
Chair: Georgina Waite, Head of Business Affairs, Australian Broadcasting Corporation
2.00pm to 2.45pm: #MeToo and Responding to Sexual Harassment: Culture, Compliance, and Practice
- What does the law require?
- What practical steps can organisations take to ensure compliance?
- Does the Industry’s Code of Conduct provide the solution?
- Does an organisation need a formal complaint before it can act?
- Tips for managing complaints and inappropriate workplace conduct
Presented by Amber Sharp, Partner, Bartier Perry Lawyers; Recommended Employment Lawyer, Doyle’s Guide 2019
2.45pm to 3.30pm: ‘Help! My Next Job's an Offshore Production’: A Guide to What You'll Need to do and Issues You'll Face Along the Way
- Contracting including creatives, cast and crew
- Foreign and Australian guilds
- The role of the studio
- Specific production issues
Presented by Janine Lapworth, Sole practitioner, Janine Lapworth
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: How to Optimise Offsets in the Production
- Refresher on the Australian Screen Production Incentive 12 years after inception: location, PDV and producer offsets
- Specific rules relating to producer offset: eligibility, significant Australian content, eligible formats
- Traps for new players: reinvestments, marketplace attachments, tax consolidation
- Recent trends/developments
- Lender expectations/terms of trade
- Utilising co-production structures to maximise soft money
- International soft money: developments and comparisons
Presented by Rebecca Hardman, Head of Legal and Business Affairs (Australia), See-Saw Films
4.30pm to 5.15pm: Production Cash Flow in a Structured Framework
- Customary types of funding and business models for production companies
- Cash-flowing rebates and sales
- Risk analysis/mitigation
- Agreement types
- Security: contracting and registration of security
Presented by Mark Bamford, Partner, Simpsons; Recommended Technology, Media & Telecommunication Lawyer, Doyle’s Guide 2018
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