Written by Camryn Carmichael. Photo by Avery Melhado.
For new creatives, writing collaboration agreements or establishing a chain of title can be written off as a complicated, though necessary, evil. Entertainment lawyers Malissa Georges and Sasha Levites, however, know these documents are a lifeline.
On day three of the Savannah Film Festival, the New York-based partners of Frankfurt-Kernit Law Firm provided critical insight and context for the legal documents artists, subjects, and talent may see or sign during their workshop, “Entertainment Law 101.”
The film industry is a rollercoaster at the best of times, and many new directors, producers, and writers assume that working with close friends means credits, compensation, and copyrights can be made based solely on trust. Levites made clear, to students especially, this isn’t a sustainable business strategy in the real world.
“The biggest issue that I see day after day is people getting into these relationships without having any sort of agreement in place,” said Levites. “There are so many things that go into it, and unfortunately, things do fall apart sometimes.”
According to Levites, who regularly represents writers, producers, and filmmakers, the best way to preserve careers, friendships, and projects is to have a clear layout of expectations. That way, when things go according to plan, there is clear documentation for how to proceed written before emotions run high.
“We always recommend entering into some sort of a collaboration agreement which lays out exactly, as between you and me, who owns this project,” she said.
Another integral legal step, according to Georges (who represents clients in unscripted media like reality TV shows and documentaries), is writing material release forms, location release forms, and understanding fair use.
“Usually it’s a box of photos from the attic,” she said. “And they sign a materials release and say, ‘Okay, these are my materials. Use them in the documentary.”
Of course, Georges has to inform her clients that the “box of photos” that the issue of copyright could get confusing when determining how to credit the implementation and interpretation of these found materials.
“You really have to look at, what am I being given? Who’s giving it to me? And can they actually confer the rights that materials release contemplates?” said Georges.
Given that the photographer or exact source of these materials is often difficult to determine and track down, she informed the audience that they can rely on fair use under copyright laws.
Georges and Levites recommended that students and other audience members always pay close attention to every document they sign. Especially after they shared some of the headaches and horror stories that their new clients went through in the past. Realistically, legal counsel is not always a practical solution. For those who can’t afford to talk to lawyers, it is recommended to research the myriad templates available online from credible sources like the Writers Guild of America to, at a minimum, have everything in writing.
“You really need to put those agreements on paper before you do anything or before you get too far down the road,” said Levites. “Once you’ve set foot on set or you’ve picked up your camera, there are only more complications and difficulties in memorializing whatever deal you thought you had initially struck.”
