DMV TELEVISION LAWYERS
In the fast-paced and ever-changing television industry, having a competent television lawyer by your side is crucial. With specialized knowledge and expertise, a television attorney can provide invaluable assistance and guidance to protect your interests and assets.
COMMON CONCERNS
DMV TV Attorneys
Navigating the television industry and the many, oftentimes confusing, aspects of television agreements can be a difficult task for creators located in Maryland and Washington, DC.
​
At JD James & Associates PC, our team of experienced entertainment attorneys work on television agreements regularly and are familiar with production companies and networks in our local industry, as well as those in California, New York, Atlanta, the UK, Canada, and Africa. Working with competent entertainment lawyers who have the skills and experience to protect your rights is the most important step on your path to successful production and distribution of your projects and is a direct influence on profitability and overall success.
Maryland DC TV Attorneys
Shopping a TV Concept
The process of shopping concepts for television acquisition involves various creative and legal considerations. These include attaching producers, directors, and on-screen talent with letters of intent and attachment deals, as well as creating marketing materials and navigating the complex process of concept pitches, negotiation, and acquisition. This discussion will explore the creative and legal processes involved in shopping concepts for television acquisition.
Most production companies and networks will not respond to inquiries from producers and other rights owners who reach out without representation. It is critical to consult a competent television attorney if you are reaching out to networks in order to ensure a response.
Due Diligence Investigations
When shopping concepts for television acquisition, it is important to engage in due diligence investigations to ensure the viability and legality of the potential project. This involves obtaining a chain of title review, a title report, script clearance, and errors and omissions insurance if you are acquiring the concept from someone else. It is important to secure formal ownership rights when shopping concepts created by others.
Attachments
​
The television acquisition process involves various stages and sometimes, depending on the strength of the concept or production company, may require the attachment of established producers, directors, and on-screen talent.
Producers and directors play crucial roles in bringing a television concept to life, while talent adds depth and appeal to the project, in addition to increasing the reliability of profitability predictions. When compiling a list of potential producers, directors, and talents for a television concept, it is important to consider their qualifications, experience, and expertise.
Acquisition and Distribution Agreements
Acquisition and distribution agreements are another important component of shopping television concepts. These agreements outline the terms and conditions between the producer and the distributor with respect to a production company or network’s acquisition of the right to develop, produce, sell, and/or distribute a concept. The agreements provide a framework for the relationship between the two parties with respect to those rights as well as advance and future profit participation.
Production companies are useful to producers in connecting with talent agencies and networks due to their established relationships and past performance with successful projects. Producers can identify suitable production companies by reviewing their production credits. Talent agencies are also a potentially viable partner for producers due to their established relationships with buyers at networks as well as their exclusive employment agency deals with actors.
Producers are responsible for overseeing the entire production process of a television show or film, including all matters from development and financing to production, post-production (editing) and advertising. Producers oversee attachments and work closely with directors, providing creative input and collaborating on the overall vision of the project. Some producers may also focus on finance, administrative tasks, and marketing, while others may contribute credibility and publicity to the project.
​
Presentation and Marketing
Presentation and marketing is the most important task of shopping a television concept. During this phase, producers develop pitch decks, sizzle reels, trailers, pilot episodes, and other materials for the purposes of clearly communicating the concept to acquisition executives at production companies, talent agencies, and networks. Producers may sell rights to a concept in multiple territories, including the US, UK, Canada, Mexico, and several other territories in Europe, Asia, South America, Africa and elsewhere. Typically, this involves a step-by-step process of outreach, confirmation of interest, and acquisition meetings, culminating in a written offer from the buyer.
Due to the various complexities, proper consideration of the legal requirements and consulting with a competent entertainment attorney is essential for a smooth and successful television acquisition process.
Maryland DC TV Lawyers
TV Show Acquisition Deals
When negotiating and signing a television show holding or acquisition deal, intellectual property owners face several major legal concerns. These concerns revolve around protecting their rights, ensuring fair compensation, mitigating risks, and securing credit in order to create further opportunities. To navigate these complex legal matters, it is crucial to hire a competent and experienced entertainment attorney.
Licensing and Intellectual Property Rights
Licensing is the key aspect of negotiating a television show holding or acquisition deal. Both holding and acquisition deals are in fact considered licensing agreements.
A license is a contractual agreement that allows one party, known as the licensee, to use and/or earn revenue from the property of another party, known as the licensor. In the context of a television show, the licensor grants the licensee the rights to broadcast, distribute, and exploit the show.
​
Holding Deals vs. Acquisition Deals
​
In holding agreements, licensors license the right to produce, sell, or distribute their intellectual property. Licensees may also choose not to exercise any of the rights granted. This may cause projects to sit untouched. However, the rights conferred last only for a period of time. Upon expiration all rights revert to the licensor, who may produce the project or exploit it as they see fit.
In contrast, acquisition deals involve complete acquisition, or purchase, or all rights related to the intellectual property in perpetuity (forever). Acquiring these rights allows production companies to negotiate with confidence when shopping the acquired intellectual property to networks and other buyers.
Owning rights in perpetuity makes the assets become more “bankable”, meaning that they are more legitimate pieces of collateral. Therefore, buyers can confidently acquire the assets with the understanding that their value and ownership may be reasonably predicted in the long term. This allows production companies to more accurately predict their own future value and cash flow, thus increasing their credit worthiness and ability to borrow capital.
When negotiating a licensing agreement, intellectual property owners and buyers must carefully consider the scope of the rights being licensed. They need to determine which rights they are willing to grant the licensee and for what duration. Additionally, owners must ensure that the agreement clearly defines any limitations or restrictions on the use of their intellectual property, such as geographical restrictions or time limitations. A television licensing attorney can help you negotiate the complexities of your licensing deal to ensure that it satisfies your goals.
Protecting Intellectual Property Rights
One of the primary concerns for intellectual property owners when negotiating and signing a television show holding or acquisition deal is the protection of their intellectual property rights. Producers must negotiate to maintain as much freedom to produce similar concepts or to continue with the concept after termination of the holding or acquisition agreement as possible. It is critical to pay attention to details such as the reversion of ownership of the copyrights, trademarks, and other intellectual property at the end of the term of the agreement. An experienced television lawyer can assist you in ensuring you maintain ownership of your concept after termination of a television acquisition or holding agreement.
Negotiating Fair Compensation
Another major concern for intellectual property owners is negotiating fair compensation for the use of their television show. This involves determining appropriate licensing fees, royalties, and profit-sharing arrangements. Intellectual property owners should conduct thorough market and industry practices research to ensure that the owner's rights are protected and they receive the best possible terms in the negotiation process. A Maryland or DC television acquisition agreement attorney can advise you on standard compensation and compare it to the specific qualities of your show and package.
Contractual Guidance
An entertainment attorney can provide invaluable guidance in negotiating and drafting the contractual agreements associated with television show holding or acquisition deals. They can ensure that the agreements accurately reflect the negotiated terms, address key legal concerns, and provide clear provisions for dispute resolution and termination.
Risk Mitigation
Intellectual property owners face various risks when entering into television show holding or acquisition deals. An experienced entertainment attorney can identify these risks and develop strategies to mitigate them. Entertainment attorneys can conduct due diligence on the acquiring party, review proposed contracts for potential pitfalls, and advise on risk management measures to protect the IP owner's interests, such as dispute resolution measures.
Compliance with Legal and Regulatory Requirements
The entertainment industry is subject to various legal and regulatory requirements. Working with a detail-oriented entertainment attorney can help IP owners ensure compliance with these obligations, including compensation regulations, tax regulations, licensing laws, copyright, trademark, and other industry-specific regulations.
Long-Term Protection
An entertainment attorney not only assists with the immediate negotiations and agreements but also provides long-term protection for the intellectual property owner. They can help establish a comprehensive intellectual property strategy, including monitoring for potential infringements, and enforcing IP rights, such as profit participation. This may include conducting audits or pursuing legal action when necessary. It is important to consult with an entertainment attorney prior to entering into a holding or acquisition agreement in order to secure as much protection as possible. It is likely equally important to hire experienced entertaintment counsel if you think you have not been paid according to the negotiated profit participation in your holding or acquisition agreement.
Securing Television Credit
Preserving origination and production credits is of utmost importance in the television industry. These credits not only serve as recognition for the creative contributions of individuals involved in the making of a television show but also hold significant professional and legal implications. It is crucial to understand the importance of preserving these credits and the potential consequences of failing to do so.
Firstly, origination and production credits are essential for acknowledging the creative talent involved in the production of a television show. These credits recognize the contributions of writers, directors, producers, and other key individuals who bring the show to life. Preserving these credits is not only a matter of professional recognition but also a way to honor and respect the work and creative input of these individuals. It helps build their professional reputation and may open further opportunities for collaboration in the industry.
Moreover, origination and production credits have legal implications. They serve as evidence of a person's involvement in the creation and production of a television show. These credits can be crucial in determining ownership rights, contractual obligations, and royalty entitlements. In case of legal disputes, such as copyright infringement or breach of contract, these credits play a significant role in establishing the parties' rights and responsibilities. Failing to preserve these credits may lead to ambiguity, disputes, and potential legal consequences.
Preserving origination and production credits also ensures transparency and accountability in the industry. By accurately attributing creative contributions to the appropriate individuals, it promotes fairness and helps maintain the integrity of the industry. It allows for proper recognition of talent, encourages a collaborative and ethical work environment, and fosters trust among professionals in the television industry.
To ensure the preservation of origination and production credits, it is essential to include specific provisions in contracts and agreements related to the television show. These provisions should outline the requirements for crediting, including the order, format, and prominence of credits. Additionally, it is crucial to establish clear procedures for resolving disputes or issues related to credits to address any potential disagreements promptly and fairly. An experienced entertainment attorney can help you negotiate for or enforce credit provisions in your holding or acquisition agreement.
​
Negotiating and signing a television show holding or acquisition deal involves significant legal considerations for intellectual property owners as well as production companies and networks. To navigate these complexities and protect their rights and financial interests, hiring a competent and experienced entertainment attorney is essential. An attorney with expertise in intellectual property and entertainment law can provide the necessary guidance, negotiate favorable terms, and ensure compliance with legal requirements. By prioritizing intellectual property protection and profitability in these deals, IP owners can establish successful partnerships and maximize the value of their creative works.
Maryland DC TV Lawyers
Casting Deals
Negotiating and signing a television casting deal can be a complex process for actors, as it involves various legal considerations that can significantly impact their careers and quality of living in the long term. It is crucial for actors to hire a competent and experienced entertainment attorney to ensure that their rights are protected with the best possible deal. In this section, we will explore the major legal concerns actors face when negotiating and signing television casting deals and the benefits of hiring a competent entertainment attorney.
Understanding the Scope of the Deal
When negotiating and signing a television casting deal, it is crucial for actors to have a clear understanding of the scope of the agreement. This means knowing the type of deal they are entering into. Each deal may present different terms and conditions, and actors need to ensure that they comprehend the implications of the agreement before signing. It is wise to hire a qualified entertainment lawyer to assist you in understanding the terms of your casting agreement, negotiating for better compensation, protecting your brand and intellectual property rights, and ensuring the agreement aligns with your goals.
Compensation and Royalties
Compensation is among the most important factors of any talent deal. Actors should ensure that the contract clearly states their salary, any additional bonuses or incentives, and the payment schedule. It is also essential to address royalties, particularly in cases where the show may be syndicated or distributed through other mediums. If the actor has been offered a producer credit, compensation should reflect the added contribution the actor is bringing to the show, such as experience, reputation, fans, and cachet. Knowledgeable entertainment attorneys can negotiate on behalf of actors for fair and reasonable compensation to ensure they are adequately rewarded.
Contract Duration and Renewal
​
Actors need to be mindful of the length of their contractual commitments. The contract should specify the initial duration of the engagement, including any options for renewal. Understanding the terms of renewal is crucial to avoid being locked into a long-term commitment without adequate compensation or flexibility. One of the results of being stuck in such a situation could be an actor’s inability to join more highly viewed or compensated tv shows. Actors should negotiate favorable renewal terms that protect their interests and allow for future career growth with the guidance of a competent Maryland entertainment lawyer.
Termination and Breach
Contracts should outline the conditions under which either party can terminate the agreement. Actors should be aware of any clauses that allow the production company to terminate the contract without cause or notice, as this can have severe consequences on their career. Similarly, actors must understand their obligations and the potential consequences of breaching the contract, such as being dropped from a tv show. Although it may be difficult to influence the manner in which an actor’s character is treated post termination, it is essential to hire a detail-oriented television lawyer to negotiate fair termination provisions and ensure that actors are protected in case of unexpected termination.
Intellectual Property Rights
Intellectual property rights play a crucial role in television casting deals. Actors should understand the extent to which they are granting the production company the right to use their image, likeness, voice, and performance in the television show. Actors should ensure that the contract clearly defines the scope and duration of the rights granted.
Actors should also consider the potential future uses of their performance and negotiate for fair compensation for the exploitation of their work. This is especially important considering today’s increasing use of artificial intelligence (AI) among production studios. Actors should pay close attention to the terms of talent deals to ensure they understand the long-term rights and duties involved. Due to AI television and film production technology, contracts may now include perpetual rights to use an actor’s digital likeness, including an actor’s face, body, and voice forever in exchange for one fee. The best practice for actors is to hire an experienced entertainment attorney to ensure all current and future revenue streams are taken into account in a casting agreement.
Confidentiality and Non-Disclosure
​
Confidentiality and non-disclosure clauses are common in television casting contracts. Actors are often privy to sensitive information about the show, its plot, and other behind-the-scenes details. It is essential for actors to understand and adhere to the confidentiality obligations outlined in the contract, including restrictions on social media posts and plot spoilers. You can be held to be financially responsible for the financial losses that result from confidentiality breaches. An entertainment lawyer can help you avoid disclosing any confidential information and take necessary precautions to protect the show's integrity and avoid potential legal disputes.
Given the complexity of television casting deals as well as the potential benefits and legal risks involved, it is highly recommended that actors hire a competent and experienced entertainment attorney throughout the negotiation and signing process.
Hire A Maryland DC Television Attorney
The above article provides an overview of some of the major legal issues involved in the entertainment business, with a focus on the television industry. It is not legal advice. It is critical to consult an entertainment attorney if you are reaching out to networks or entering into an entertainment agreement.
CONTACT US.
GET A FREE CASE EVALUATION
MARYLAND
Silver Spring
1110 Bonifant Street
Suite 210-A
Silver Spring, MD 20910
​​
Ellicott City
8407 Main Street
Ellicott City, MD 21043
​​
WASHINGTON, DC
​​
Downtown
1900 L St NW
Suite 600
Washington, DC 20036
​​​
Email
JDJames@JDJamesAssociates.com
​​​
Phone
844-455-2637
Fax
301-576-7021
Actors