SEMINARS & LECTURES

Producer's Representatives for Independent Filmmakers

2012-01-26T15:09:00.000-08:00

I will be teaching a seminar on producer representatives for the California Lawyers for the Arts on Saturday, February 11, 2012 from 10 AM to 11:30 AM. Ken Edwards Center, 1527 4th Street, Santa Monica, CA 90401

Producer's representatives assist filmmakers in arranging financing, marketing and distribution of their films. They play a distinctly different role than talent agents, managers, distributors, sales agents or attorneys. This seminar explores how to choose a producer's rep, and how they can help filmmakers devise a distribution strategy, navigate the festival circuit, and avoid common pitfalls. Topics include conducting due diligence of potential distributors, understanding the common terms of distribution agreements, how producer's reps are compensated, determining the terms of a fair deal and understanding what producer's reps look for in a client and/or film. Handouts include a list of producer's reps, a self-defense checklist, and a sample producer's rep retainer agreement.

For more info

SAVE THE DATE

2011-12-08T12:51:00.000-08:00

Risky Business Seminar in New York April 27, 2009

Volunteer Lawyers for the Arts will be scis sponsoring a one day seminar with Mark Litwak on Friday, April 27, 2011 in Manhattan.

This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, adding performance, termination and arbitration provisions, using lab access letter to retain possession of the negative, and a schedule a minimums.

Other topics include criteria for selecting a distributor; what is negotiable and what is not; compliance with state and federal laws when seeking investors; retaining an attorney or producer's rep; confirming arbitration awards in Superior Court; and enforcing judgments. The seminar includes a handout with a distribution contract, articles, a self defense checklist and other materials.

Video Clip Dallas Seminar, dealing with investors

2011-07-06T12:24:00.000-07:00

SEMINARS & LECTURES: Risky Business Seminar in Dallas Saturday April 9,...

2011-01-26T17:37:00.001-08:00

SEMINARS & LECTURES: Risky Business Seminar in Dallas Saturday April 9,...: "Mark Litwak is bringing his Risky Business one day seminar to Dallas. Explore various independent film financing methods and learn how to ..."

Risky Business Seminar in Dallas Saturday April 9, 2011

2011-01-26T17:37:00.000-08:00

Mark Litwak is bringing his Risky Business one day seminar to Dallas.

Explore various independent film financing methods and learn how to select the best distributor for your project. Topics include financing via pre-sales, debt, and private investors; production incentives; negotiating tactics; typical contract terms; cross-collaterization; and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using a lab access letter to retain possession of the negative, termination and arbitration clauses, performance milestones, and compliance with state and federal laws.

Recommended text: Risky Business: Financing and Distributing Independent Films.

Saturday April 9, 2011

Trinity River Arts Center-KD Studio Theatre
2600 Stemmons Frwy Suite 180
Dallas, TX 75207
United States

$75.00 - $200.00

An extensive handout accompanies the course. The handout covers:

SELF DEFENSE CHECKLIST

ORGANIZING YOUR COMPANY
Choice of Business Entity
Sole Proprietorship
General Partnership
Limited Partnership
Corporation
Company Formation Checklist
Limited Liability Company
Comparison of Entities

COLLABORATIONS AND CO-PRODUCTIONS
International Co-Productions
Co-Production Checklist

RAISING MONEY
Loans
Pre-sale Agreements
Contract: IFTA International Schedule of Definitions
Entertainment Finance Companies
Equity Investments
Finders

TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION
How Much is My Film Worth?
How Distributors Evaluate a Film
Sources of Revenue
Increasing Your Leverage
Film Festivals
Working the Festival Circuit
Balancing Risks and Rewards
The Acquisition/Distribution Agreement
Tactics and Strategy
Markets and Festivals
Investigate the Distributor

PRINCIPAL TERMS OF THE DISTRIBUTION AGREEMENT
Territory
Media
Term
Distribution Fee
Distribution and Marketing Expenses
Advances and Guarantees
Consultation Rights
Warranties and Representations
Accounting
Arbitration
Insurance
Termination
Assignment
Allocation of Package Revenue
Security Interest
Governing Law
Territorial Minimums
Retain Your Masters
Return of Materials
Delivery
Contract: Lab Access Letter
Contract: IFTA Rider to International Distribution Agreement

WHEN A DISTRIBUTOR DEFAULTS
Selecting a Distributor
Creative Accounting
Conducting an Audit
How Revenue is divided
Creative Accounting Pitfalls
Accounting Terms
Defensive Tactics

More Info

SELF DEFENSE FOR WRITERS AND FILMMAKERS COMES TO BOSTON

2010-12-10T13:02:00.000-08:00

FOR THE FIRST TIME IN BOSTON
UPCOMING SEMINAR by Mark Litwak

Friday, February 11, 2011, 8 AM to 5 PM

Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves. This seminar, geared towards both artists and attorneys representing artists, explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance milestones, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights. Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.

Location: Law firm of Fish & Richardson, One Marina Park Drive, Boston MA 02210 Sponsored by the Arts & Business Council of Greater Boston / Volunteer Lawyers for the Arts

Sponsor: The Arts & Business Council of Greater Boston, together with Volunteer Lawyers for the Arts.
To Enroll

UPCOMING SEMINARS

2010-11-07T06:23:00.000-08:00

BOSTON, February 11, 2011,

LOS ANGELES, UCLA, Febuary 19, 2011

DALLAS April 9, 2011

More details soon!

Risky Business Seminar at UCLA February 19, 2011

2010-10-11T12:34:00.000-07:00

Mark Litwak once again offers this one day Saturday seminar.

Recommended text: Risky Business: Financing and Distributing Independent Films.

Through Jan 19: $250 / After: $275

7 hours of MCLE credit available for attorneys.

sign up at www.UCLAextension.edu
Reg # W1624,

An extensive handout accompanies the course. The handout covers:

SELF DEFENSE CHECKLIST

ORGANIZING YOUR COMPANY
Choice of Business Entity
Sole Proprietorship
General Partnership
Limited Partnership
Corporation
Company Formation Checklist
Limited Liability Company
Comparison of Entities

COLLABORATIONS AND CO-PRODUCTIONS
International Co-Productions
Co-Production Checklist

RAISING MONEY
Loans
Pre-sale Agreements
Contract: IFTA International Schedule of Definitions
Entertainment Finance Companies
Equity Investments
Finders

TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION
How Much is My Film Worth?
How Distributors Evaluate a Film
Sources of Revenue
Increasing Your Leverage
Film Festivals
Working the Festival Circuit
Balancing Risks and Rewards
The Acquisition/Distribution Agreement
Tactics and Strategy
Markets and Festivals
Investigate the Distributor

PRINCIPAL TERMS OF THE DISTRIBUTION AGREEMENT
Territory
Media ¬
Term
Distribution Fee
Distribution and Marketing Expenses
Advances and Guarantees
Consultation Rights
Warranties and Representations
Accounting
Arbitration
Insurance
Termination
Assignment
Allocation of Package Revenue
Security Interest
Governing Law
Territorial Minimums
Retain Your Masters
Return of Materials
Delivery
Contract: Lab Access Letter
Contract: IFTA Rider to International Distribution Agreement

WHEN A DISTRIBUTOR DEFAULTS
Selecting a Distributor
Creative Accounting
Conducting an Audit
How Revenue is divided
Creative Accounting Pitfalls
Accounting Terms
Defensive Tactics

Self Defense Seminar comes to N.Y.C.

2010-04-05T14:36:00.000-07:00

Self Defense for Writers and Filmmakers with Mark Litwak, Esq.
Date/Time: Friday, April 30, 2010: 10am – 5pm

Location: Manhattan

* 8 New York CLE Credits Available (Professional Practice, Non – Transitional Only)
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves.
This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.

Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.

Speaker: Mark Litwak is a veteran entertainment attorney with offices in Beverly Hills, California. His practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property, and book publishing. Litwak also functions as a Producer's Rep, assisting filmmakers in the financing, marketing and distribution of their films. Litwak is the author of six books including: Reel Power, The Struggle for Influence and Success in the New Hollywood (William Morrow, 1986), Dealmaking in the Film & Television Industry (Silman-James Press, 1994) (winner of the 1996 Krazna-Kranz award for best book in the world on the film business), and Contracts for the Film & Television Industry (Silman-James Press, 2nd Ed. 1999). He has also contributed articles for The Los Angeles Times, The Business of Film, The Hollywood Reporter, Moviemaker and The Independent. For more information about Mark Litwak, please see www.marklitwak.com.

To register, please complete the registration form.

http://www.vlany.org/education/workshops.php#classes

Fees:
Artists and Full-Time Students:

$100
Attorneys (including 8 CLE credits):

$325
Info: All registration fees are nonrefundable.
Due to the limited number of attendees, you must register in advance and receive confirmation of your registration from VLA. Questions? Please call Ben Brandow at VLA: 212.319.2787 x16.

Self Defense for Writers and Filmmakers

2010-02-13T13:15:00.000-08:00

Self Defense for Writers and Filmmakers with Mark Litwak, Esq.
Date/Time: Friday, April 30, 2010: 10am – 5pm

Location: Manhattan

* 8 New York CLE Credits Available (Professional Practice, Non – Transitional Only)
Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves.
This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights.

Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.

Speaker: Mark Litwak is a veteran entertainment attorney with offices in Beverly Hills, California. His practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property, and book publishing. Litwak also functions as a Producer's Rep, assisting filmmakers in the financing, marketing and distribution of their films. Litwak is the author of six books including: Reel Power, The Struggle for Influence and Success in the New Hollywood (William Morrow, 1986), Dealmaking in the Film & Television Industry (Silman-James Press, 1994) (winner of the 1996 Krazna-Kranz award for best book in the world on the film business), and Contracts for the Film & Television Industry (Silman-James Press, 2nd Ed. 1999). He has also contributed articles for The Los Angeles Times, The Business of Film, The Hollywood Reporter, Moviemaker and The Independent. For more information about Mark Litwak, please see www.marklitwak.com.

To register, please complete the registration form.

http://www.vlany.org/education/workshops.php#classes

Fees:
Artists and Full-Time Students:
$75 on or before March 31, 2010
$100 after March 31, 2010
Attorneys (including 8 CLE credits):
$225 on or before March 31, 2010
$325 after March 31, 2010
Info: All registration fees are nonrefundable.
Due to the limited number of attendees, you must register in advance and receive confirmation of your registration from VLA. Questions? Please call Ben Brandow at VLA: 212.319.2787 x16.

Risky Business at UCLA February 20, 2010

2009-09-25T17:53:00.000-07:00

Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at at UCLA on February 20. Those who attend this comprehensive one-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.
The seminar is all day Saturday. Limited Enrollment.
Registration number: V4464B. Attorneys receive 7 hours of MCLE credit.
more info at:

An extensive handout accompanies the course. The handout covers:

SELF DEFENSE CHECKLIST

ORGANIZING YOUR COMPANY
Choice of Business Entity
Sole Proprietorship
General Partnership
Limited Partnership
Corporation
Company Formation Checklist
Limited Liability Company
Comparison of Entities

COLLABORATIONS AND CO-PRODUCTIONS
International Co-Productions
Co-Production Checklist

RAISING MONEY
Loans
Pre-sale Agreements
Contract: IFTA International Schedule of Definitions
Entertainment Finance Companies
Equity Investments
Finders

TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION
How Much is My Film Worth?
How Distributors Evaluate a Film
Sources of Revenue
Increasing Your Leverage
Film Festivals
Working the Festival Circuit
Balancing Risks and Rewards
The Acquisition/Distribution Agreement
Tactics and Strategy
Markets and Festivals
Investigate the Distributor

PRINCIPAL TERMS OF THE DISTRIBUTION AGREEMENT
Territory
Media ¬
Term
Distribution Fee
Distribution and Marketing Expenses
Advances and Guarantees
Consultation Rights
Warranties and Representations
Accounting
Arbitration
Insurance
Termination
Assignment
Allocation of Package Revenue
Security Interest
Governing Law
Territorial Minimums
Retain Your Masters
Return of Materials
Delivery
Contract: Lab Access Letter
Contract: IFTA Rider to International Distribution Agreement

WHEN A DISTRIBUTOR DEFAULTS
Selecting a Distributor
Creative Accounting
Conducting an Audit
How Revenue is divided
Creative Accounting Pitfalls
Accounting Terms
Defensive Tactics

UCLA Extension

Risky Business Seminar in New York April 25, 2009

2009-01-13T16:11:00.000-08:00

Volunteer Lawyers for the Arts is sponsoring a one day seminar with Mark Litwak on Saturday, April 25, 2009 in Manhattan.

This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross collaterization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, adding performance, termination and arbitration provisions, using lab access letter to retain possession of the negative, and a schedule a minimums.

Other topics include criteria for selecting a distributor; what is negotiable and what is not; compliance with state and federal laws when seeking investors; retaining an attorney or producer's rep; confirming arbitration awards in Superior Court; and enforcing judgments. The seminar includes a handout with a distribution contract, articles, a self defense checklist and other materials.

Since 1969, Volunteer Lawyers for the Arts has been the leading provider of pro bono legal services, mediation services, educational programs and publications, and advocacy to the arts community in New York. The first arts-related legal aid organization, VLA is the model for similar organizations around the world. For more information about Volunteer Lawyers for the Arts, please go to: www.vlany.org.

Risky Business at UCLA February 21, 2009

2008-11-19T13:30:00.000-08:00

Mark will once again present his yearly "Risky Business: Financing & Distributing Independent Films" all day seminar at the UCLA campus on February 21, 2009. Those who attend this comprehensive seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting.

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.

The seminar is all day Saturday. There is limited enrollment so enroll early to assure a place.

Registration number: U6442. Attorneys may receive 7 hours of MCLE credit.

More info at: Link https://www.uclaextension.edu/index.cfm

https://www.uclaextension.edu/index.cfm

An extensive handout accompanies the course. The handout covers:

SELF DEFENSE CHECKLIST

ORGANIZING YOUR COMPANY
Choice of Business Entity
Sole Proprietorship
General Partnership
Limited Partnership
Corporation
Company Formation Checklist
Limited Liability Company (LLC)
Comparison of Entity Choices

COLLABORATIONS AND CO-PRODUCTIONS
International Co-Productions
Co-Production Checklist

RAISING MONEY
Loans
Pre-sale Agreements
Contract: IFTA International Schedule of Definitions
Entertainment Finance Companies
Equity Investments
Finders

TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION
How Much is My Film Worth?
How Distributors Evaluate a Film
Sources of Revenue
Increasing Your Leverage
Film Festivals
Working the Festival Circuit
Balancing Risks and Rewards
The Acquisition/Distribution Agreement
Tactics and Strategy
Markets and Festivals
Investigate the Distributor

PRINCIPAL TERMS OF THE DISTRIBUTION AGREEMENT
Territory
Media
Term
Distribution Fee
Distribution and Marketing Expenses
Advances and Guarantees
Consultation Rights
Warranties and Representations
Accounting
Arbitration
Insurance
Termination
Assignment
Allocation of Package Revenue
Security Interest
Governing Law
Territorial Minimums
Retain Your Masters
Return of Materials
Delivery
Contract: Lab Access Letter
Contract: IFTA Rider to International Distribution Agreement

WHEN A DISTRIBUTOR DEFAULTS
Selecting a Distributor
Creative Accounting
Conducting an Audit
How Revenue is divided
Creative Accounting Pitfalls
Accounting Terms
Defensive Tactics

UCLA Self-Defense for Writers and Independent Filmmakers: Protecting Your Legal Rights July12 & 13, 2008

2008-05-17T10:48:00.000-07:00

Mark will present his annual legal defense seminar the weekend of July 12, 2008.

Filmmakers learn how to make shrewd business decisions and protect their interests in negotiations with production and distribution companies. Instruction covers how to anticipate problems before they arise and how to encourage other parties to live up to their contractual obligations through performance incentives, default penalties, and arbitration. In the event of a dispute, learn what remedies are available to enforce your rights. Topics include creative accounting; customary terms of contracts; negotiating tactics and strategies; properly securing rights to your work; and how to avoid being sued for copyright infringement, defamation, or invasion of privacy.

Attention is paid to how to protect oneself by modifying warranties, obtaining E&O coverage, using lab access letters to retain control of masters, and utilizing termination clauses. The seminar includes an extensive handout with sample forms, contracts and a self-defense checklist.
Registration No. U2433, Additional info at: http://www.uclaextension.edu/index.cfm?reg=U2433&href=/courseListings/course_display/courseDetails.cfm&inweb=1
[http://rs6.net/tn.jsp?t=tzglcncab.0.0.8f8tz4bab.0&p=http%3A%2F%2Fwww.uclaextension.edu%2Findex.cfm%3Freg%3DU2433%26href%3D%2FcourseListings%2Fcourse_display%2FcourseDetails.cfm%26inweb%3D1&id=preview]

LEGAL EASE - A LEGAL RIGHTS WORKSHOP FOR WRITERS, June 21, 2008, 11:00AM - 12:30PM at GREAT AMERICAN PITCHFEST

Mark will be a speaker at the upcoming Great American Pitchfest.

Screenwriters need to protect themselves from the people they write about and producers they contract with. They also need to take care when collaborating with others.

This seminar explains how writers can avoid legal problems by properly securing rights, obtaining releases and not infringing the rights of others. Related topics include registering your work, submission releases, and annotating and clearing your script.

Topics include:

When you need to purchase the rights to a person's life story What is in the public domain Defenses to defamation and invasion of privacy Title and Copyright searches Reserving rights Reversion and Turnaround clauses Watering down warranties E & O insurance Story theft Shopping Typical compensation and terms of studio contracts Defenses and privileges to defamation and invasion of privacy How to preserve the integrity of your screenplay and avoid costly lawsuits.
.
Date: Saturday - June 21, 2008
Time: 11 a.m. - 12:30 p.m.

The fifth annual Great American PitchFest will take place on June 20-22, 2008 at the Burbank Marriott Hotel & Convention Center, 2500 N. Hollywood Way, Burbank, CA 91505. For additional information: http://www.pitchfest.com/

STATE BAR PANEL

On June 25, 2008, Mark will moderate a panel on Intellectual Property In Entertainment & Media" put on by the California State Bar Intellectual Property Section at the Beverly Hills Hotel. The panel will discuss clearance issues in documentary filmmaking. http://www.calbar.ca.gov/ipsection [http://rs6.net/tn.jsp?t=tzglcncab.0.0.8f8tz4bab.0&p=http%3A%2F%2Fwww.calbar.ca.gov%2Fipsection&id=preview]

Upcoming Speaking Engagements

2008-03-24T18:45:00.000-07:00

Mark will be moderating a panel on International Co-Productions held by the Producers Guild of America on March 26, 2008 at the DeMill Screening Room at 9336 W. Washington Blvd., Culver City. Non PGA members and students can attend by paying a fee. To attend or inquire RSVP by March 24, 2008 to pgaseminars@yahoo.com

Please put your first and last name in the subject line of your “RSVP” email response.

Mark will be speaking at a film finance seminar titled “Getting Films Funded” held at the WGA theater on March 29, 2008. http://www.filmfinancingseminars.com/

On June 25, 2008, Mark will moderate a panel on Intellectual Property In Entertainment & Media" put on by the California State Bar Intellectual Property Section at the Beverly Hills Hotel. The panel will discuss clearance issues in documentary filmmaking. www.calbar.ca.gov/ipsection

Self Defense for Writers & Filmmakers in N.Y. April 26, 2008

2008-03-03T06:49:00.000-08:00

Volunteer Lawyers for the Arts is sponsoring a one day seminar with Mark Litwak on Saturday, April 26, 2008: 10 am – 5 pm in Manhattan. Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves.

This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses. Participants learn what remedies are available to enforce their rights in the event of a dispute.Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiating tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.

Speaker: Mark Litwak is a veteran entertainment attorney with offices in Beverly Hills, California. His practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property, and book publishing. Litwak also functions as a Producer's Rep, assisting filmmakers in the financing, marketing and distribution of their films. For more information about Mark Litwak, please see www.marklitwak.com.

Lawyers can receive Eight (8) New York CLE "Areas of Professional Practice" credits.

Artists and Full-Time Students: $100 if registering on or before Friday, March 28th; $125 after March 28th. Attorneys (including 8 CLE credits): $275 if registering on or before Friday, March 28th; $375 after March 28th.To register, please complete the registration form at: http://www.vlany.org/forms/Litwak08.Registration.pdf

Since 1969, Volunteer Lawyers for the Arts has been the leading provider of pro bono legal services, mediation services, educational programs and publications, and advocacy to the arts community in New York. The first arts-related legal aid organization, VLA is the model for similar organizations around the world.

For more information about Volunteer Lawyers for the Arts, please see www.vlany.org.

Risky Business at UCLA February 23-24, 2008

2008-01-30T17:42:00.000-08:00

Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at at UCLA on February 23-24. Those who attend this comprehensive two-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting.

Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.

The seminar is all day Saturday and three hours Sunday morning. Limited Enrollment.
Registration number: T5551U. Attorneys may receive 8.75 hours of MCLE credit.

more info at: http://www.uclaextension.edu/index.cfm?reg=S2964%20&href=/courseListings/course_display/courseDetails.cfm&inweb=1

An extensive handout accompanies the course. The handout covers:
SELF DEFENSE CHECKLIST

ORGANIZING YOUR COMPANY
Choice of Business Entity
Sole Proprietorship
General Partnership
Limited Partnership
Corporation
Company Formation Checklist
Limited Liability Company (LLC)
Comparison of Entity Choices

COLLABORATIONS AND CO-PRODUCTIONS
International Co-Productions
Co-Production Checklist

RAISING MONEY
Loans
Pre-sale Agreements
Contract: IFTA International Schedule of Definitions
Entertainment Finance Companies
Equity Investments
Finders

TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION
How Much is My Film Worth?
How Distributors Evaluate a Film
Sources of Revenue
Increasing Your Leverage
Film Festivals
Working the Festival Circuit
Balancing Risks and Rewards
The Acquisition/Distribution Agreement
Tactics and Strategy
Markets and Festivals
Investigate the Distributor

PRINCIPAL TERMS OF THE DISTRIBUTION AGREEMENT
Territory
Media ¬
Term
Distribution Fee
Distribution and Marketing Expenses
Advances and Guarantees
Consultation Rights
Warranties and Representations
Accounting
Arbitration
Insurance
Termination
Assignment
Allocation of Package Revenue
Security Interest
Governing Law
Territorial Minimums
Retain Your Masters
Return of Materials
Delivery
Contract: Lab Access Letter
Contract: IFTA Rider to International Distribution Agreement

WHEN A DISTRIBUTOR DEFAULTS
Selecting a Distributor
Creative Accounting
Conducting an Audit
How Revenue is divided
Creative Accounting Pitfalls
Accounting Terms
Defensive Tactics

RISKY BUSINESS COMES TO TUPELO

2007-10-17T17:37:00.000-07:00

Mark will be bringing his one day Risky Business seminar to Tupelo, Mississippi on Friday, November 30, 2007.

Those who attend this comprehensive all day seminar will learn how independent films are financed and distributed.

Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. This seminar is being organized by the Tupelo Mississippi Film Commission and is co-sponsored by Tupelo Convention & Visitors Bureau; Tupelo Film Commission; BancorpSouth; MS Film Office; MS Arts Commission; and Gardner-Watson Ice House.

More info at: http://www.tupelo.net/filmfest/pages/MarkLitwak.html

Cost of the seminar is General - $65 • Attorneys - $175.00
Lunch is included. Attorneys receive

FOR MORE INFORMATION ON REGISTRATION AND SPECIAL EVENTS CALL 1-800-533-0611 or 662-841-6521or email prasberry@tupelo.net

UCLA Self Defense Seminar May 5 & 6

2007-02-25T11:44:00.000-08:00

Mark will once again present his annual legal self defense seminar at U.C.L.A.

Writers and filmmakers will learn how to make shrewd business decisions and protect their interests in negotiations with production and distribution companies. Instruction covers how to anticipate problems before they arise and how to encourage other parties to live up to their contractual obligations through performance incentives, default penalties, and arbitration.

In the event of a dispute, learn what remedies are available to enforce your rights. Topics include creative accounting; customary terms of contracts; negotiating tactics and strategies; properly securing rights to your work; and how to avoid being sued for copyright infringement, defamation, or invasion of privacy.

Attention is paid to how to protect oneself by modifying warranties, obtaining E & O coverage, using lab access letters to retain control of masters, and utilizing termination clauses. The seminar includes an extensive handout with sample forms, contracts. and a self-defense checklist.

Applies toward Business and Legal Affairs requirement in Certificate Program in the Business and Management of Film, Television, and Digital Entertainment Media.

Advance enrollment required; no enrollment at the door. 8.75 hours of MCLE credit available for lawyers.

Registration number: S8428U. Additional info online at: http://www.uclaextension.edu/index.cfm

RISKY BUSINESS SEMINAR COMING TO NEW YORK

2007-02-09T01:37:00.000-08:00

Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar for the Volunteer Lawyers for the Arts of New York on April 28, 2007 in Manhattan from 10 AM to 5 PM.

Those who attend this comprehensive two-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.

The seminar will be held at One New York Plaza. Six hours of CLE credits are available for lawyers. For additional information or to register call Jonathan Tominar at VLA: 212.319.2787 x10. http://www.vlany.org/education/workshops.php

Upcoming seminars Los Angeles, Hawaii, & Vancouver

2006-09-26T20:20:00.000-07:00

UCLA, Risky Business. October 28 and 29.

All day Saturday, half day Sunday. X 403.22 Management, Reg# S2964U

This comprehensive seminar explores how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. How filmmakers can protect their interest by watering down warranties, getting added to the E & O policy, using lab access letters to retain possession of the negatives, and utilizing termination and arbitration clauses. Other topics include:

- Criteria for selection of a distributor
- Collaborations and co-productions
- Building interest with film festivals
- How distributors evaluate a film
- Orchestrating the release of your film
- Compliance with security laws when seeking investors

Registration and General Information
(310) 825-9971 or (818) 784-7006

http://www.uclaextension.edu/

University of Hawaii at Manoa, Honolulu, Hawaii. November 18 & 19.

Saturday, Self Defense for Writers and Filmmakers. Sunday, Financing and Distributing Independent Features. Call 808-956-8400 to register. More info:

http://www.outreach.hawaii.edu/pnm/programs/2006/EVENT-L08602.asp
http://www.outreach.hawaii.edu/pnm/programs/2006/EVENT-L08607.asp

Film Business & Law Seminar, California Lawyers for the Arts at Loyola Law School

September 30, 2006. Mark will give the keynote address on finding distribution for independent films. Seminar is on Saturday from 9 AM to 4 PM. Fee includes breakfast and seminar handbook. Lawyers can obtain MCLE credit. To enroll call (310) 998-5590.

FTX West Film & Television Expo, Vancouver, Canada, October 12-15.

This Trade Show and Conference will be held in the world-class Vancouver Convention & Exhibition Centre and consist of 106 booths and over 65 exhibitors from across North America. There will be an estimated 5000 attendees expected during the event, gathering from across North America to see the latest and greatest technologies in the film, television and gaming industries.

Mark will be teaching several classes:
Risky Business, Part 1, Financing 1 – 3 PM, and Risky Business Part 2, Distribution, 5:30 to 7:30 PM. October 13, 2006. See description below.

Self Defense for Writer's & Filmmakers, 9 to 1 PM, October 14, 2006. Writers and filmmakers need to understand their legal rights and how to defend themselves from those who may seek to exploit them. Production companies and distributors often know all the tricks of the trade, while writers and filmmakers know little about how to protect themselves. This seminar explains how writers and filmmakers can prevent problems from arising by properly securing underlying rights, and by encouraging the other party to live up to agreements by adding performance incentives, default penalties and arbitration clauses. In the event of a dispute, participants learn what remedies are available to enforce their rights. Related topics include creative approvals, typical compensation and terms of studio contracts, merchandising deals, and negotiat-ing tactics and strategies. The seminar includes more than 100 pages of useful contracts, checklists, forms and materials.

http://www.ftxwest.com/pages/fms/fms.html

Risky Business at UCLA Oct. 28-29, 2006

2006-08-30T18:38:00.000-07:00

Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at at UCLA on Oct. 28-29. Those who attend this comprehensive two-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.
The seminar is all day Saturday and three hours Sunday morning.

more info at: http://www.uclaextension.edu/index.cfm?reg=S2964%20&href=/courseListings/course_display/courseDetails.cfm&inweb=1

SELF-DEFENSE" AT UCLA June 3 & 4, 2006

2006-05-21T09:50:00.000-07:00

Once a year Mark offers his class: Self-Defense for Writers and Independent Filmmakers: Protecting Your Legal Rights, at UCLA Extension.

Writers and filmmakers who are in charge of their own projects may be taken advantage of in their dealings with those whose experience is greater. For this reason, writers, directors, and producers must understand their legal rights and how to defend themselves against exploitation. In this intensive seminar, filmmakers learn how to anticipate problems before they arise in their negotiations with production and distribution companies and create incentives to encourage the companies to live up to their agreements, including performance incentives, default penalties, and arbitration clauses. In the event of an unresolvable dispute, participants learn what remedies are available to enforce their rights. Topics include creative approvals, typical terms of contracts, negotiating tactics and strategies, as well as how to properly secure rights to one's work and avoid being sued for copyright infringement, defamation or invasion of privacy.

To enroll in the course online, after February 15th, go to www.uclaextension.com and enter Course Reg#: R8427.

Or call Registration and General Information at: (310) 825-9971 or (818) 784-7006

The class is held on the UCLA main campus. Hours: Saturday 10-5 PM, Sunday 9-Noon. Location: Rolfe Hall

RISKY BUSINESS SEMINAR COMES TO DALLAS

2006-03-12T14:13:00.000-08:00

Mark will be bringing his one day Risky Business seminar to Dallas on April 8 at Southern Methodist University.

Those who attend this comprehensive all day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.

This seminar is being organized by Random Order Entertainment and is co-sponsored by the Dallas Producers Association, Indie Slate magazine, MLD Equipment, MPS Studios, Texas Association of Film/Tape Professionals (TAFTP) and Women in Film - Dallas.

The cost to attend the seminar is $99, $65 for students and $79 for DPA, TAFTP and WIF members.

For more info go to: http://www.randomorder.net/

2006-02-20T13:45:00.000-08:00

Mark to speak on the Use of Tax Incentives to Fund Movies on March 22, 2006

Mark will be speaking on a panel on the subjeect of "Funding Tinseltown, The Next Generation of Tax-Motivated Indie Financing" on March 22, 2006. The public forum is sponsored by the Entertainment, Media, Intellectual Property and Sports Law Section of New York County Lawyer's Association. It will be held at 14 Vesey Street in New York City.

For additional information: dlamb@nycla.org or call 212 267.6646.

Mark Speaks about his UCLA Self Defense Class

2006-01-02T11:19:00.000-08:00

SAN JUAN SEMINAR ON NOVEMBER 10

2005-11-07T03:31:00.000-08:00

NALIP AND SAN JUAN CINEMAFEST SPONSOR FREE PANELS ON PITCHING, FINANCING AND DISTRIBUTING FILMS

The Puerto Rico chapter of the National Association of Latino Independent Producers Association (NALIP), in conjunction with the San Juan Cinemafest and the Puerto Rico Film Corporation, will sponsor a full day of free panels on feature film pitching, finance, and distribution for indie filmmakers, beginning at 10 a.m. on Thursday, November 10, at the Normandie Hotel in San Juan, according to Frances Lausell, president of NALIP-PR.

Participants will include NALIP Executive Director and independent producer Kathryn Galán, veteran entertainment attorney and producers’ representative Mark Litwak, long-time personal manager and award-winning producer Marilyn Atlas, financing executive Pamela Peak, and Venevisión International Film and Theater Division Manager Julio Noriega.

Kathryn Galán has established NALIP as the preeminent national Latino media organization in the U.S., dedicated to increasing the quality and quantity of Latino/a film, television and documentary projects by supporting Latino/a writers, producers, directors and creative talent and advocating on their behalf. NALIP runs regional programs plus four national Signature programs: the Latino Writers Lab™ held in New York each spring and Santa Monica, California each fall; the intensive 10-day Latino Producers Academy™ held in Tucson, Arizona each summer; a national Conference that welcomes over 600 makers and funders each spring, and the Latino Media Resource Guide™, the go-to source for information on Latino directors, writers, producers, craftspersons, funders, diversity opportunities, distributors, and film programs.

Mark Litwak’s entertainment law practice includes work in the areas of copyright, trademark, contract, multimedia law, intellectual property, and book publishing (“Dealmaking in the Film and Television Industry,” “Risky Business: Financing and Distribution of Independent Film”). As a producers’ rep, Litwak assists filmmakers in the marketing and distribution of their films through such renowned film festivals as Cannes, Toronto, Telluride, and others. At this year’s Sundance Film Festival, three of his clients had films acquired for distribution: HUSTLE & FLOW, which won the Audience Award (Paramount), THE MATADOR (Miramax), and MARILYN HOTCHKISS BALLROOM DANCING AND CHARM SCHOOL (Goldwyn).

Equally at home in the worlds of film, television, and live theater, Marilyn Atlas is a founding member of Women in Film’s Luminas Committee, which supports the portrayal of women in non-stereotypical roles in film and television, and is committed to finding projects that reflect diversity and non-stereotypical characters. Among her credits as a film producer are REAL WOMEN HAVE CURVES for HBO, which won the Audience Award at the Sundance Film Festival, A CERTAIN DESIRE, starring Sam Waterston, and ECHOES, which won the Gold Award at the Texas International Film Festival.

Julio Noriega heads up the film and theatrical division for Venevisión International, which over the past 30 years has been one of the most important providers of Spanish language programming for Latin America and the world, positioning its productions in more than 20 languages and currently reaching 97% of the entire U.S. Latino population, thanks to its association with Univisión Communications.

“NALIP-PR’s mission is to help develop and expand Puerto Rico’s film industry and film community,” said Lausell. “By organizing activities such as this one, we hope to provide an opportunity for local filmmakers to obtain practical information directly from working professionals in the industry, as well as a giving them a chance to network and establish contacts which could prove of great value in the future.”

Contact: Frances Lausell
Phone: 787-268-0063
Cell Phone: 787-640-5290
E-mail: isladigital@aol.com

Risky Business Seminar at UCLA Oct. 29-30

2005-10-26T21:54:00.000-07:00

Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at at UCLA on Oct. 29-30. Those who attend this comprehensive two-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.

Women in Film Summit October 29- November 1.
Women in Film & Television International Summit October 29 to November 1, 2005.

Mark will speak at the 9 AM panel on Intellectual Property and Copyright issues at WIF Summit. Women In Film Los Angeles will host the 2005 The Summit provides a forum for filmmakers from all over the world to network, greet old friends and forge new relationships. There will be four days of panels, lunches, cocktail parties, screenings and special events with all activities being held at the Park Hyatt Hotel on Avenue of the Stars in Century City.

Women In Film & Television International (WIFTI) is a global network comprised of some 36 Women In Film Chapters worldwide and over 10,000 members dedicated to advancing professional development and achievement for women working in all areas of film, video, and other screen based media.

Additional info at: http://www.wif.org/info_page.cfm?id=18

Mark to Speak in Detroit Oct. 15, UCLA Oct. 29-30

2005-09-14T19:00:00.000-07:00

MARK TO SPEAK IN DETROIT ON OCT. 15, HOLD SEMINAR AT UCLA OCT. 29-30
Mark will present his "Risky Business: Financing & Distributing Independent Films" seminar at ArtServe Michigan on Oct. 15 in Detroit, and at UCLA on Oct. 29-30. Those who attend this comprehensive two-day seminar will learn how independent films are financed and distributed. Topics include organizing your company, raising financing via pre-sales, debt and limited partnerships, negotiating tactics, principal terms of the acquisition/distribution agreement, cross-collateralization and creative accounting. Particular attention is paid to how producers and filmmakers can protect their interests by watering down warranties, getting added to the E& O policy, using lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses.

To register for the ArtServe seminar, click here.

To register for the UCLA seminar, click here.

MARK TO SPEAK AT VSDA ON JULY 27

2005-07-24T20:08:00.000-07:00

When all's said and done, distribution is usually the hardest part about independent filmmaking. On July 27 at 10:00 a.m., Mark will speak at a seminar called "Getting Your Film Out There: From Production to Festival to Distribution" at VSDA in Las Vegas. Mark will speak about how filmmakers can identify the methods, and strategies, and channels to get their films before an audience.

The seminar is part of VSDA's Filmmaker Program. More information is available at the VDSA website. WWW.FILMMAKERPROGRAM.ORG

Risky Business comes to Detroit, October 15, 2005

2005-05-20T18:31:00.000-07:00

Risky Business: Financing & Distributing Independent

Mark Litwak will be bringing his Risky Business seminar to Detroit for the first time this fall. The seminar will be held at State University Community Arts Auditorium, Detroit, MI.

This comprehensive seminar explores how independent films are financed and distributed. Topics include financing via pre‑sales, debt and limited partnerships, negotiating tactics, typical contract terms, cross‑collaterization and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E & O policy, using lab access letters to retain possession of the negative, utilizing termination and arbitration clauses. The seminar includes a handout with a distribution contract, articles, a self‑defense checklist and other materials. Other topics include criteria for selecting a distributor; what is negotiable and what is not; compliance with state and federal laws when seeking investors; retaining an attorney or producer's rep; confirming arbitration awards in Superior Court; and, enforcing judgments.

For additional information and to register, visit: http://www.artservemichigan.org/index2.html

FINANCE AND DISTRIBUTION SEMINAR, UCLA October 29 & 30, 2005

2005-05-07T12:45:00.000-07:00

Financing Independent Features and Negotiating a Distribution Agreement
U.C.L.A. EXTENSION
X 403.22 Management 1 unit $225
8.75 hours of MCLE credit available.

Explore how independent films are financed and distributed. Seminar topics include financing via pre-sales, debt, and limited partnerships; negotiating tactics; typical contract terms; cross-collaterization; and creative accounting. Particular attention is paid to how producers and filmmakers can protect themselves by watering down warranties, getting added to the E&O policy, using the lab access letter to retain possession of the negative, and utilizing termination and arbitration clauses. Applies toward Business and Legal Affairs requirement in Certificate Program in The Business and Management of Film, Television, and Digital Entertainment Media. Required text: Risky Business, Financing and Distributing Independent Films, available at LuValle Bookstore or online.

Reg# R4427B
UCLA: Public Policy Bldg.
¤Saturday, 10am-5pm,
October 29
¤Sunday, 9am-12pm,
October 30, 2 mtgs.
Mark Litwak, entertainment attorney and producers representative; author of six books and Automated Contracts in the Film and Television Industry, a software program

"SELF-DEFENSE" AT UCLA APRIL 16 & 17, 2005

2005-05-07T12:24:00.000-07:00

Mark will be teaching his class: "Self-Defense for Independent Filmmakers: Protecting Your Legal Rights" at UCLA Extension again this spring.

Self-Defense for Independent Filmmakers: Protecting Your Legal Rights
Independent filmmakers who are in charge of their own projects may be taken advantage of in their dealings with those whose experience is greater. For this reason, writers, directors, and producers must understand their legal rights and how to defend themselves against exploitation. In this intensive seminar, filmmakers learn how to anticipate problems before they arise in their negotiations with production and distribution companies and create incentives to encourage the companies to live up to their agreements, including performance incentives, default penalties, and arbitration clauses. In the event of an unresolvable dispute, participants learn what remedies are available to enforce their rights.

To enroll in the course online, go to www.uclaextension.com and enter Course Reg#: R0176U. The class is held on the UCLA main campus. Hours: Saturday 10-5 PM, Sunday 9-Noon. Location: 3126 Rolfe Hall

Sponsors of past Lectures and Seminars by Mark Litwak

2005-04-01T09:54:00.000-08:00

Universities & Institutes

The American Film Institute (AFI)
American University
The Boston Center for Adult Education
Columbia University
Florida State University
Harvard University
Hollywood Film Institute
Loyola Law School
The New School for Social Research
The Northwest Film and Video Center
NYU
Regents College, London
The Royal College of Art, London
San Diego State
San Francisco State
UCLA
University of British Columbia
University of California, Riverside
University of Colorado, Denver
University of Hawaii
University of Pennsylvania
University of Puget Sound, School of Law
University of West Los Angeles School of Law
University of Wisconsin
Washington Film and Video Association

Movie Industry Organizations

911 Media Arts Center, Seattle
American Society of Journalists and Authors
Arizona Film Society
Assoc. of Independent Video and Filmmakers (AIVF)
The Authors Guild
Centro Cinematografico Del Caribe, San Juan, Puerto Rico
Creative Financing Conference
Digital Hollywood
FilmIt.com
Film Video Arts (New York)
Film Investment Seminar, Providence R.I.
The Independent Feature Project, West
Indie Film Group (Seattle)
International Film Financing Conference (IFFCON)
Latino Producers Academy (NALIP)
The National Film Board, Toronto
National Writers Association
Northwest Screenwriters Guild
The Oregon Media Producer's Assn.
Philadelphia Independent Film/Video Assoc.
SAG Indie Conference
Showbiz Expo
Video Software Dealers Assoc (VSDA)
Women in Film (Orlando & Los Angeles)

Film Festivals

Cannes Film Festival (Conference on Audiovisual Law)
Mill Valley Film Festival
Bermuda Film Festival
Seattle Film Festival
SXSW Film Festival
Hamptons International Film Festival
Vancouver Film Festival
Los Angeles Independent Film Festival
VC Film Festival
Hollywood Film Festival
Santa Barbara Film Festival
Palm Springs Film Festival
Austin Film Festival

Bar & Professional Associations

Century City Bar Association
California Continuing Education of the Bar (CEB)
California Lawyers for the Arts
Entertainment Law Society
Texas Bar Association
Multimedia Law Institute
Volunteer Lawyers for the Arts (New York)
Washington Lawyers for the Arts