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Entertainment Law on the Internet
(1).
Initially, we should all understand there really is no specialty area
specific to Entertainment Law. The practice of entertainment law is
merely an amalgamation of contract, privacy, first amendment, tort and
intellectual property law as it applies to the entertainment industry.
Any attorney practicing within the entertainment field must surely be
familiar with the various
Guild Minimum Basic Agreements. Let's see how we can accomplish this
with the Internet, and let's start with the writers. Go to the LawWorm.com
Index page, click on "Entertainment Law," then click on WGA. Put your
pointer over "WGA," on the left of the page, then click on "Health
& Pension." Click on the www.wgaplans.org link. Next, Click on
Contributions at the top of the page. Click on "General Instructions"
at the bottom of the text. Scroll down to item 17 and read Applicable
Health and Wealfre Contribution beginning 5-2-03. Hit the back tab on
your browser to return to the "Producers-Writers Guild of America
Pension Plan" front page, then close the page by clicking the "X" at
the upper right of your screen, then hit ALT-TAB or click the
LawWorm.com-mcle tab on your task bar to return to the course material.
Q. How much must employers pay, in addition to minimum rates, to the WGA Health Plan as of 5-03?
a. Five percent of writer's compensation.
b. Six percent of writer's compensation.
c. Seven and one half percent of writer's compensation.
REMINDER: Always use your task bar or the Alt-Tab funtion to alternate
between the course and the website you are/were working on.
(2).
Return to the previous page. Click on the double arrow appearing after
"For Writers," on the left of the page. Click on the "Schedule of
Minimums," icon. Click on "Shedule of Minimums," link. Scroll down to
page 9. Review the material under "Theatrical Budget Thresholds." Hit
ALT-TAB to return to the course.
Q. The Threshold for a high budget photo-play is:
a. $ 1,000,000.00 or more.
b. $ 5,000,000.00 or more.
c. $ 10,000,000.00 or more.
(3).
Return to the previous page. Scroll up to page 6 and read the values
under "Theatrical Compensation, Fist period, 11-1-043 - 10-31-05.
Return to the course material.
Q. What is the minimum for a Low Budget Screenplay Including Treatment?
a. $ 53,256.00
b. $ 61, 705.00
c. $ 97, 015.00
(4).
Return to the previous page. You have some questions on the credits
issue of your writer client's creative rights. Click the double arrow
to the right of "For Writers," on the left of the page. Click on the
"Creative Rights for Writers," icon. Click on "How to Establish and
Protect a Writer's Rights." Scroll down and read the material under
"The Individual Contract - Above and Beyond the MBA. Return to the
course material.
Q. While provisions that improve on the Guild-wide minimum terms may be
freely negotiated, the receipt of on screen writing credits must be
determined according to the MBA and Credits Manuals.
a. True.
b. False.
(5).
Your client is an Internet company that wishes to hire a WGA member
writer to author material which is intended for original use on the
Internet. You must thus enter into a signatory agreement with the WGA
before you can hire the WGA writer. Does such a sample agreement exist,
and, if so, where can you find it? Start with the LawWorm.com Index page. Click on "Entertainment Law," then click on "Internet Writing Contract." Read the contract.
Q. Compensation for writers of materials intended for primary and initial use on the Internet shall be:
a. Pursuant to that established in the WGA Minimum Basic Agreement for
free television writers subject to certain exceptions listed in the
contract.
b. Pursuant to that established in the WGA Minimum Basic Agreement for
low budget theatrical writers subject to certain exceptions listed in
the contract.
c. Pursuant to that established in the WGA Minimum Basic Agreement for
low budget theatrical writers subject to certain exceptions listed in
the contract.
NOTE: THE GUILD OFFERS A SPECIAL CONTRACT FOR WRITING ON THE INTERNET
AND MUST BE CONTACTED IN THIS REGARD. THE SAMPLE GIVEN HERE, ALBEIT FOR
WRITING ON THE INTERNET PRIOR TO 2001, IS GIVEN AS A SAMPLE OF WHAT TO
EXPECT AS THE CURRENT CONTRACT WILL BE MUCH THE SAME.
(6).
Return to the previous page and again, refer to the "Internet Contract."
Q. The company shall be entitled to use the writer's material on the
Internet for how long before being required to make "residual" payments
to the writer for its continued use?
a. Twelve months.
b. Eighteen months.
c. Twenty-four months.
(7).
Suppose you are negotiating an "above scale" deal for your client's
already completed spec. screenplay. It would be nice to know what the
production company/studio you are negotiating with has been paying for
similar material presently and in the recent past. Where can you find
such information on the Internet? Start with the LawWorm.com Index page, click on "Entertainment Law," then click on Done Deal. Next click on Archives on the left side of the page.
Q. Script deals detailing log lines, writer, buyer, agency and prices paid are currently
archived by the month back to:
a. 1999.
b. 1998.
c. 1997.
(8).
Wouldn't it be nice to readily have sample entertainment related
agreements available to you on
the Internet? Well, they are. Return to the previous page and click the
"back" tab on your browser until you have returned to the "Done Deal"
main page. Click "Examples" on the left side of the page.
Q. Sample agreements available are:
a. Option Agreement.
b. Management Representation Agreement.
c. Rights Option.
d. Single Project Agreement
e. All of the above.
(9).
Let's check out what is available on the Net from the Director's Guild. Start with the
LawWorm.com
Index page, click on "Entertainment Law" then click on DGA. Click on
the "DGA" tab on the bottom of the page. Next click on "Basics" on the
left side of the new page. Click on "Pension and Health" at the top of
the new page. Click on "Here," then click on "Pension Plan" at the top
of the new page. Scroll down to "Basic Plan." Read the information.
Q. A party is considered vested and thus eligible for retirement benefits upon accruing how many Credited Service Months?
a. 60
b. 90
c. 120
d. 150
e. 180
(10).
Return to the previous page. Once again click on "DGA" at the bottom of
the page, then click on "Basics" on the left of the new page. Click on
"Rate Cards" at the top of the new page. Scroll down and click on
Television Minimums. Find the program rate for two hour prime. Click
the "X" at the top right corner of your screen to close the pdf page.
Return to course
Q. The minimum salary for a director of a two hour Network prime time show, effective July 1, 2004, through June 30, 2005 is:
a. $50,392.00.
b. $89,811.00.
c. $92,056.00.
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