11th Annual Film and Television Law
Take a wide angle shot of the most important issues impacting film and television law today with 8 in-depth, practical sessions covering everything from the latest legislation to workplace hotspots to contracts, IP, funding, insurance and more. Download an impressive range of perspectives from film and TV industry leaders, the accounting world, eminent lawyers and renowned in-house counsel.
Description
Attend and earn 7 CPD units in Substantive Law
This conference was recorded in NSW on 12 September 2018
Session 1
Hot Topics and Critical Updates
Chair: Sonia Borella, Principal, Borella Buchanan; Consultant, Simpsons Solicitors
9.00am to 9.05am Opening Comments from the Chair
9.05am to 9.50am: Sexual Misconduct in the Spotlight
- The role and dangers of social media in sharing experiences
- Responding to damaging social media posts
- What employers must do, including policies, training and responding appropriately to claims
- Particular danger areas, including jokes, social functions and ‘informal’ complaints
- Importance of strong leadership
Presented by Helen Carter, Director, PCC Employment Lawyers; Accredited Specialist in Employment and Industrial Law and Jacqueline Bate, People and Culture Lead, Australian Broadcasting Corporation
9.50am to 10.35am: How to get What you Want on the Screen: A Roadmap for Avoiding Traps of Defamation, Clearances and Release
- Pre-and post-publication defamation review and advice, identification of imputations
- Performer and participant releases
- Specific provisions relating to Indigenous Culture and intellectual property rights
- Misleading and deceptive behaviour: the need for informed consent
Presented by Ian McDonald, Special Counsel, Simpsons Solicitors
10.35am to 11.20am: Chain of Title: A Successful Outcome
- Copyright in the chain of title context
- The rights an investor would expect to have included in the chain of title
- Thinking about chain of title during development: What are the key things to consider?
- Various types of ‘underlying rights’ and how to make sure they are secured – for example, a film based on a pre-existing play or series of comedy skits
- Originality considered: Is there a difference between ‘inspired by’ or ‘adapted from,’ and if so, what rights do you need to secure?
- Moral rights
Presented by Clare Mirabello, Principal, Mirabello Media and IP Law
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Australian Television Repeats and Residuals Update
- Animation agreement: the latest
- Additional updates, eg. writers agreement
- Secondary royalties: writers, directors and others who have entitlements
- 2018 Budget wrap up location incentive
Presented by Jennifer Lalor, Principal, Lalor Law
12.20pm to 1.05pm: Applying Contract Law Principles to Film and TV Contracts: Practical Guidance
- Preliminary documentation and letters of offer
- Contracting talent who are not represented
- Capturing and defining services in a services contract
- Production delays and termination rights
- Fees, calculation of profit participation and accounting
- Warranties and indemnities
Presented by Ben Kay, Partner, Kay and Hughes
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Funding, Offsets and Insurance
Chair: Georgina Waite, Head of Business Affairs, Australian Broadcasting Corporation
2.00pm to 3.00pm: Screen Australia Funding: Application, Assessment, Contracting
- A walk-through and discussion of the Screen Australia funding process:
- Application, eligibility, assessment and contracting
- Grant vs investment funding
- What projects/activities are funded as (i) grants or (ii) investments?
- What level of approval/oversight is required
- What level of documentation is required
- Updates re contracting process for development funding
Presented by Oscar O’Bryan, Senior Lawyer, Screen Australia
3.00pm to 4.00pm: The Producer’s Offset
- Examining the producer’s offset
- Eligibility
- Provisional certificate
- Final certificate
- Qualifying expenditure
Presented by Matthew Carter, Media Accounting, Above the Line Accounting
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Film Package Insurance: Keep the Cameras Rolling
- Change of technology and risks associated with negative film/content media
- Identifying risks of cast insurance
- Death & Disgrace; #Me Too
- Identifying risks and costs for the pre-production
- Risks and costs which may arise for errors and omissions (Motion Picture Producers Liability): slander, defamation, plagiarism, breach of copyright, invasion of privacy or theft of rights
- Identifying risks and costs which may arise for public liability insurance
Presented by Joe Lo Surdo, Managing Director, Sura Film and Entertainment