Author: Nadia Davari

Nadia has over 14 years of experience as an entertainment and corporate attorney. She has served as the outside counsel and in legal and business affairs for several media companies and start ups, including MavTV, Channel Factory, Prescience, and Lightning Entertainment. She works with a wide range of clients including digital media companies, new business start-ups, production companies, movie studios, television networks, investors, and talent. She is well-known for her superior negotiating and drafting skills in development, production, distribution, licensing, and acquisition of entertainment content in animated, scripted and unscripted television, and motion picture content. Nadia graduated from UCLA with a B.S. in molecular, cell and developmental biology and attended USC Law School where she participated in the Hale Moot Court Honors program.

As you may have already seen in your entertainment industry agreements, for the services rendered, talent usually can expect to receive an advance or a fixed flat fee that is a guaranteed and, at times, can also receive contingent compensation.  The “fixed fee” is the typical fee that you would expect to receive for the services you perform. But what is this “contingent compensation” that is not guaranteed where you may or may not ever receive any fees pursuant to the “contingent compensation” provision you have negotiated?  Why is that despite having language in your agreement discussing a payment, there…

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Chances are, if you have been in the business of making content, you have already heard of an “option-purchase agreement” and as a writer or as a producer, you may even have negotiated one. Generally, you can buy the copyright to intellectual property or literary work (such as a play, book, article, song, video game, music, or a screenplay) from the copyright owner either outright or through what is referred to as an “option-purchase agreement”.  An “option to purchase agreement” is an agreement entered into by the purchaser and the owner, which gives the purchaser the exclusive, but temporary, right,…

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A non-profit may be a tax-exempt organization (i.e. a business that has been granted tax-exempt status by the Internal Revenue Service and/or the applicable state) that serves the public interest by providing goods and/or services without pursuing profits for private use. So a non-profit corporation is a certain type of corporation that has been organized to meet specific Internal Revenue Service (“IRS”) and state approved tax-exempt purposes. Tax-exempt status may provide certain benefits such as sales taxes exemption, property taxes exemption, and the organization is not required to pay taxes on its income and the money it receives in connection with…

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Sometimes, the difference between the survival or the ruin of your business depends on keeping certain information relating to your work confidential. Common in many business settings, a non-disclosure agreement, also referred to as a confidentiality agreement or an NDA, is a legally enforceable agreement drafted to protect sensitive information by creating a confidential relationship between someone who is disclosing confidential information and a person with whom such information will be shared.  A non-disclosure agreement creates a legally binding obligation to privacy in connection with the information that is specified in the agreement. So if such confidential information is revealed…

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Every Time You Use Someone Else’s Work or Creation Do You Always Have to Get the Approval of the Owner? When you are selling a t-shirt, making your film, T.V. project, website, digital content, writing your script or designing a mug you may want to use a piece of content or work that someone else created that is not in the public domain. Do you need to first ask the owner before you can use it? Not always. A work doesn’t have to be in the public domain for you to use it without licensing it or asking the permission…

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While running an enduring and successful business there are many legal issues that will arise which are hard to predict or to know in advance. This will require you to form a relationship with an attorney that you feel comfortable with.  Below, we discuss a few common legal issues that you may want to consider. Before starting your business it’s generally wise to form an entity. Otherwise, you’re personally responsible for the debts and obligations that your business incurs. There are several options for business structures.  When choosing the legal entity for your business, consider how you will borrow money…

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Succinctly described, a release is a legal document that is executed by the releasing party terminating legal liability by the released party. So ideally, the release gives the filmmaker the rights to film another person, location, or someone else’s materials and the right to use that footage in their project, to edit and exploit it throughout the universe, in any and all media, whether now known or hereinafter devised in perpetuity without the fear of ensuing liability. This will help in ensuring the filmmaker, as the copyright owner, has a clean chain of title for their content when such content is distributed and made public. The release is for the protection of the content creator.   While there may be…

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You were exited to start your business with a business associate(s) or a friend(s). The last thing you thought about was a separation. You probably considered a long-lasting future not noting that circumstances, people, relationships, and businesses change or that you may realize there is an unequal share of responsibilities, you have different work ethics, or you disagree even on key goals. So now you suddenly find yourself wanting to leave.  Below are some points to consider: Seek Advice: Attorneys and financial experts can provide advice on what to expect, how to approach, what to ask for, and when to…

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Hi Nancy! Wonderful to talk to you. You have over 20 years of experience in film, television & commercial production, VFX & animation. From your perspective, how has the entertainment business evolved over the years?  The silos are breaking down. And the hierarchy is breaking down. For example feature films used to be the ultimate measure of success. Now Intellectual properties are used to build an audience following whatever that may be. It could begin with a graphic novel, then a game, then a series or vice versa. The new entertainment companies  are diversified tech companies who understand the value…

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“Do I need to set up an entity for my new project or my new business? If yes, why and when is the right time?” Sometimes, I hear my clients complain: “I’m launching a new venture, or I have a new movie I want to make but I want to have all funds available for getting the project off the ground. Why should I incur the additional expenses of forming a limited liability entity, legal, accounting and administrative expenses, entity taxes, ongoing record-keeping requirements, and other costs?” You may already know that you don’t need a limited liability entity to start…

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Question: “I’ve Spent So Much Time Working on My Project.  Now that I’m Done, How do I Protect My Creation and My Work?” Hearing the excitement in my clients’ voices: “Finally, I finished my script”, or “I just made up my mind on my new logo”, or  “I have a movie I just shot”, or  “I have a brand new design for the product line I am selling” or “I just finished my website” is music to my ears.  Such excitement is generally followed by: “How do I protect my work?” or “I don’t want anyone to use my work…

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DISCLAIMER:  This article is for general information only. It’s not legal advice and doesn’t create an attorney-client relationship. This information is provided “as is” without warranty or representation of any kind. You should contact an attorney for legal advice. This information may not be applicable to your situation, or may be outdated, or laws may have changed, or the information may otherwise be unreliable, or may be subject to exceptions and qualifications, which may or may not be noted or stated and laws vary by jurisdiction. You shouldn’t act or rely on this information without seeking advice from a lawyer and receiving…

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