Term
| 1 of 6 elements to form a contract - An offer |
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Definition
| A proposal by one person/party to another indicating a present intent to enter into a valid contract |
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Term
| 2 of 6 elements to form a contract - Acceptance |
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Definition
| Does not necessarily have to be spoken (implied). Saying yes in some way. Accepted using the exact terms. (Mirror image rule: both parties have to agree to the same thing; get it in writing) |
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Term
| 3 of 6 elements to form a contract - Consideration |
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Definition
| Both parties to the agreement must give and receive something of legal value |
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Term
| 4 of 6 elements to form a contract - Capacity of the parties |
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Definition
| Minor doesn't have capacity to enter into agreement w/o the consent of a parent or legal guardian. Contract can be voidable if minor comes of age. Anyone over 18 and anyone who has the mental capacity to understand the nature and extent of the contract. |
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Term
| 5 of 6 elements to form a contract - Legality of contract/subject matter |
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Definition
| Illegal clauses void rest of contract unless clause voids just illegal aspects. |
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Term
| 6 of 6 elements to form a contract - Contractual intent |
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Definition
| Both parties must be conversant with all the essential details of the contract, and neither party can be fraudulently induced/forced into the agreement. |
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Term
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Definition
Ownership of several broadcast facilities in the same community. Forbidden by FCC
Allows common ownership of two or more stations in a single market ONLY if there are 8 unique station owners left in the market once the duopoly is formed |
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Term
| Limited multiple ownership |
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Definition
| Ownership of multiple broadcast facilities by single owners are limited regardless of where the facilities are located. |
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Term
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Definition
| Cable companies must carry certain television stations in the area |
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Term
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Definition
| Cable companies given option to carry a station from further away if they so choose |
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Term
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Definition
| Language/material that, in context, depicts or describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities. Network TV can't show indecent material except for certain hours of the day. ***No indecent material between 6am and 10 pm. |
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Term
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Definition
| Language so grossly offensive to members of the public who actually hear it as to amount to a nuisance. Restricted between 6am to 10pm |
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Term
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Definition
| FCC forbids that newspapers cannot own TV stations in the same community in which it prints its paper. MORE exceptions since 2007. In the top 20 markets, the FCC is going to presume that a combination of a newspaper and radio station is in the public interest. Also presumes that a TV station and newspaper is in the public interest IF the TV station is not ranked among the top 4 stations in the area AND at least 8 independently owned major media voices (major newspapers/full power TV stations) would remain in the market. |
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Term
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Definition
| Limited amount of airwaves for TV/radio, therefore should be used for the public good. Regulated so we don't have everyone making their own stations and saturating spectrum |
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Term
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Definition
| FCC (Federal communications commission) job to allocate airwaves/spectrum space to people who are most deserving and to make sure people are receiving a wide/diverse amount of content. |
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Term
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Definition
| Statue saying contract has to be in writing to be enforceable |
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Term
Contract must be in writing if ...
(6 points) |
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Definition
1) It can not be performed in 1 year
2) Concerns an interest in realty
3) In consideration with marriage
4) Someone takes on the obligations of someone else
5) sale of goods over $500
6) An executor's promise to pay a decedent's debts |
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Term
| What is the Children's television act of 1990? |
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Definition
| Certain amount of broadcast time must be dedicated to children's education. |
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Term
| What is necessary in order to get your own station? (5 Points) |
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Definition
1) US citizen
2) Demonstrate good character
3) Financial ability to operate a broadcast facility
4) Applicant must be able to prove that he/she has technology to use the frequency
5) Applicant must meet all FCC requirements/program guidelines |
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Term
| What is the length of the FCC Broadcast agreement? |
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Definition
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Term
| What is necessary to keep your station? |
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Definition
| Demonstrate you are meeting all FCC requirements. |
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Term
What is an exercise price?
(Financial Term) |
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Definition
| A fixed price stated in the contract, several payments over a period of time |
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Term
Contingent Payment
(Financial Term) |
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Definition
| A method of purchasing a script by allocating profits and losses rather than having a set price. Back end deal percentage of either gross or net profit is given after release. |
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Term
Bonus Based on Budget
(Financial Term) |
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Definition
| A bonus based on budge is money that is over the contract price, determined on the percentage of the budget of the movie |
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Term
Bonus Based on Credit
(Financial Term) |
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Definition
| A bonus based on credit is an amount over the exercise price that is determined by the type of credit that one gets |
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Term
Double Add Back Provision
(Financial Term) |
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Definition
| A Double Add Back Provision is an amount over budget doubled over gross to decrease net |
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Term
Cross-Collateralization
(Financial Term) |
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Definition
| Cross-Collateralization is allocating revenues and expenses over all films produced by the same artist. Applies whenever the producer or director is retained by the studio for multiple projects. |
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Term
What is a Development Fee?
(Financial Term) |
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Definition
| A Development Fee is a method of acquiring the services of the director. A set sum to guarantee that the producer will be available for a specific project. |
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Term
What is a Turnaround Provision?
(Financial Term) |
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Definition
| Turnaround Provision is the right to take a project to a different studio during the progress-to-production period. New studio must reimburse the first studio for all of the first studio's costs expended on the project to date. |
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Term
What is Key Man Insurance?
(Financial Term) |
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Definition
| Key Man Insurance is a form of life and health insurance that provides the enterprise with funds to compensate it for any loss it suffers due to injury or death of its most important participants |
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Term
What does a Union do?
(Financial Term) |
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Definition
| Unions negotiate standard contracts between their constituents and the production company/studio |
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Term
What is a Grievance Procedure?
(Financial Term) |
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Definition
| It describes how problems can be addressed. |
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Term
| What is a Runaway Production? |
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Definition
| A Runaway Production is a film made outside of the US for the purposes of distributing to people within the US |
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Term
| What is Colorization Process? |
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Definition
| Colorization process is a method of colorizing a film by assigning specific colors to a pixel version of the film |
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Term
| What is a Holdback provision? |
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Definition
| A Holdback provision is a period during which certain retained rights can not be exercised. This provision affords some guarantee the producer can maximize his profit on the material before it is transferred to another medium. |
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Term
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Definition
| An Option is a contract between producer and writer to see if the script can go further. Exclusive option: all others are useless |
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Term
| Describe 3 ways to pitch a script: |
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Definition
3 ways to pitch a script are:
1. Step out line: what the story's going to look like, bullet points
2. Treatment: synopsis, plot line, key dialogue
3. Spec Script: completed script in hope of getting optioned |
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Term
| Describe the 3 Things that must be in the contract with a writer: |
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Definition
1. Writer must guarantee all copyrights issues are cleared
2. Writer is releasing all copyrights to producer
3. Distinguished whether work for hire or independent contractor entering into purchase agreement |
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Term
| 1 of 5 Standard Contract Clauses: What is Separation of Rights Clause? |
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Definition
| A Separation of Rights Clause provides that after a certain amount of time, rights revert back to original owner if film has not been made. |
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Term
| 2 of 5 Standard Contract Clauses: What is a Loan Out Provision? |
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Definition
| A Loan Out Provision allows that if the writer's employed elsewhere, the writer can be contracted out. |
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Term
| 3 of 5 Standard Contract Clauses: What is an Editor's Right Clause? |
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Definition
| An Editor's Right Clause enables a writer to retain significant control in what is done with his script |
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Term
| 4 of 5 Standard Contract Clauses: What is a Termination Right? |
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Definition
| A Termination Right Allows the right for anyone who pitches a project to terminate the project under certain contingencies. |
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Term
| 5 of 5 Standard Contract Clauses: What is a Certificate of Authority |
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Definition
| A Certificate of Authority mandates that the film is an original work of the screenwriter or the screenwriter has obtained all rights or releases to avoid potential copyright infringement litigation. |
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Term
| What does the WGA (Writers' Guild of America) do? |
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Definition
| The WGA (writers' guild of America) determines how much the writer receives, minimum, for the script, unless signatory. Work for hire: step agreement: will pay certain amount per draft |
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Term
| What is the Chromotoid Process? |
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Definition
| Chromotoid process does colorizing based on making prints of a black and white film in red, green, and blue then combining those prints |
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Term
Describe Actors' Equity?
(Stage and Live Performance) |
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Definition
| Actors' equity: insurance that covers live stage shows. Equity and contracts cover actors, stage managers, members of the chorus. Negotiates minimum AND maximum hours, wages, health and pension benefits, and the safety of working conditions. |
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Term
What are the 2 requirements to be a member in an Actors' Equity?
(Stage and Live Performance) |
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Definition
1) The person must be working in a current Equity production
2) The person must be a member of a “sister” union for at least a year |
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Term
May non-union actors audition for an equity performance?
(Stage and Live Performance) |
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Definition
| Non-union actors can audition for an equity performance as long as 30 days after being hired for that production they join the union |
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Term
What does an Agent do?
(Stage and Live Performance) |
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Definition
| An agent who negotiates on behalf of an actor for an Equity production must be franchised by the union. |
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Term
What does a producer do? (6 Points)
(Stage and Live Performance) |
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Definition
1) Initiates and controls creative, financial, technical and administrative aspects of a production. Must adhere to union regulations.
2) Runs everything involved from beginning to end of production.
3) Finances production either from his own money or by finding investors.
4) In charge of budget.
5) Responsible for selecting and supervising cast and technical personnel.
6) Deals with any production problems encountered. |
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Term
Can Actors use non-franchised agent?
(Stage and Live Performance) |
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Definition
| Actors cannot use non-franchised agent unless producer contacts an actor directly. |
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Term
What is an Alien Performer?
(Stage and Live Performance) |
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Definition
| Alien performers are nonresidents of the United States. |
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Term
| Can an Alien Performer be hired for an Equity production? |
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Definition
| Alien Performer can be hired for Equity productions if only the union first approves that employment. |
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Term
| What is required for Auditions under an Actors' Equity Performance? |
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Definition
| Required that before any performer is hired for a production, the producer must hold open auditions, tryouts for which no appointment is needed. Designed to provide job opportunities for as-yet unknown actors. Certain guidelines: certain locations, certain timings, etc. |
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Term
| What is the Billing Requirement for Stage and Live Performance? |
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Definition
| Billing: requires all names of AE actors are visible on playbill, including chorus |
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Term
| What is a blacklist and is it legal? |
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Definition
| Blacklist is an agreement not to hire someone. This practice is prohibited. |
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Term
What is the producers responsibility regarding Clothes and Makeup?
(Stage and Live Performance) |
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Definition
| Producers are the ones who provide the clothing and makeup. Must clean costumes periodically. |
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Term
| May the Union have representative at the production to make sure union rules are being followed? |
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Definition
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Term
Under an Actors' Equity what is the rule regarding nudity and sex acts?
(Stage and Live Performance) |
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Definition
| Nudity: no sex acts are permitted under union rules. Any nude scenes have to be approved by AE. |
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Term
| For AE what are the allowed number of performances? |
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Definition
| Allowed 8 performances per week. Cannot be performed on more than six out of seven consecutive days. |
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Term
| For Stage and Live Performance how is transportation handled? |
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Definition
| Transportation must be provided for out of town performances |
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Term
| What are the rules for child actors for Stage and Live Performance? |
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Definition
| Child Actors: check book, must have work permit if under 16, tutors must be available, separate dressing rooms, supervision by adult, etc. |
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Term
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Definition
| Can be held liable only in accordance with how much control he/she has over that area. Website is allowed to link to or access another website |
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Term
| 6 Elements of Forming a Contract |
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Definition
1) An offer
2) Acceptance
3) Consideration
4) Capacity of Both Parties
5) Legality of Contract/Subject Matter
6) Contractual intent |
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Term
| 5 Standard Contract Clauses for Writers |
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Definition
1) Separation of Rights Clause
2) Loan Out Provision
3) Editor's Right Clause
4) Termination Right
5) Certificate of Authority |
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