How do you present your best pitch and protect our concept?

Submitting your pitch to any outside party can feel like a fraught experience. How do you showcase the best aspects of the project, without completely losing control of your concept? What materials should you send, and how do you protect them? Today BLAKE& WANG offers you some tips from our decades of experience in entertainment law and helping clients get successful pitches.

How to present your project well

Whether you’re looking to ship a TV series or a film, the process is equally applicable. The key to protecting and presenting your project properly will lie in having it as well developed as possible.

This means that a script will always be favorable to a treatment, a polished and finished script to a rough draft, and so on. Try to prepare pitch materials beyond the script, too, like posters and websites. And, wherever possible, package your project. The presence of A-list performers attached to the project will get the attention of development executives. The studios know that the performers-and, in turn, their agents and managers-like the project, meaning less risk for them in choosing your material over the thousands of scripts they receive each year. Remember that another key to submitting a project and having the networks pay attention is using an entertainment lawyer. San Francisco, and in fact the entirety of the US, places strictures on lawyers that make a pitch brought through a law firm more secure (and possibly enticing, if your firm has the right connections like BLAKE &WANG P.A does). We take a look at this in greater depth below.

What if you don’t have these materials?

So, what is your position if you don’t have a script, let alone packaging? It’s not impossible to pitch like this. In fact, it’s often seen in projects revolving around real-life events and stories. Your concept may well be good enough to speak for itself. Here, it’s critical the producer ensures the underlying rights to the project are watertight. As these are not matters of well-developed intellectual property, where copyright offers protection, you may need to secure your rights to the material through contract law.

Agree or not, copyright requires a tangible form of expression-i.e, a mere idea cannot be copyrighted. Of course, the lines between ‘idea’ and ‘treatment’ can be difficult to determine-but ask yourself this: do you want to be the producer arguing that your pitch was more than an idea in court? Some networks won’t even accept pitched ‘ideas’, feeling that the chances of the project being unique enough to be a standout without leaving them open for claims of a stolen concept later are relatively slim. If you intend to take this route, your pitch will be harder.

With years of experience under his belt, Brandon Blake of BLAKE & WANG P.A knows what type of materials networks and studios look for in pitches. Your key lies in top-quality materials-don’t ask the development execs to ‘imagine’ how good the project will be with their help. Rather put on the table your ability to finish the job, which will get you the assistance and financing you need.

And above all, choose a reputable lawyer from one of the top entertainment law firms. San Francisco, L.A and NYC-indeed the entirety of the U.S.A-require lawyers to be associated with regional and national bar associations, and to adhere to strict legal standards. Although your lawyer represents you, many networks and studios will hear pitches brought to them by a legal firm they would not hear from you alone. Your law firm will save all material and correspondence, keeping a meticulous record of the submission and chain-of-title, protecting both of you and making stolen concepts/ideas a non-issue.

As always, we offer our articles for information purposes, and they do not replace qualified legal counsel. Always discuss matters of legal complexity with your own legal team. BLAKE& WANG P.A have decades of experience helping producers to pitch their work successfully, so don’t be afraid to reach out to us today.

The ins-and-outs of international co-production explained

What is co-production? Why would you even consider looking outside of the US market for production companies to partner with? Today BLAKE & WANG P.A takes a closer look at the intricacies of co-production agreements, and why it may be worth considering one for your next project.

When they say ‘co-production’, what do they mean?

Co-production between production companies can cover a huge variety of ground. It can be as simple as, say, hiring a Canadian post-production house to do your editing. While a very limited relationship, it’s a type of co-production. There’s a huge amount of ‘informal’ co-production undertaken every day, and there’s really no geographical limit on who you work with-you can choose from companies based almost anywhere in the world.

There is, however, a difference between these ‘informal’ co-productions and an ‘official’ co-production.

Why would I consider an official co-production agreement?

When you form an official co-production with a foreign production company, you will have the chance to take advantage of some additional international incentives, tax credit schemes, and more. There will also be the matter of access to TV markets, and the opportunity to market in the country/countries of your co-producer as a ‘local production’.

This is dependent, however, on the treaties made between nations. Canada, for example, can be called the ‘king of co-production’…it has co-production treaties with more countries globally than any other. China has also been active in this market recently. Many EU countries have co-production treaties, and there are some EU-wide incentives available. Don’t assume, however, that just because a company is part of the EU it automatically has treaties with other EU countries, as this is not legislated. Rather contact the film commission in the country to determine your potential co-production partners.

The US lacks co-production opportunities

Oddly, the US is lagging when it comes to having these international treaties in place. It’s slightly baffling to see, as an entertainment lawyer. San Francisco, Los Angeles, and New York may bost film hubs unrivaled worldwide, but we don’t even have a treaty in place with Canada or Mexico, our immediate neighbors.

We do, however, have in place with China. The Chinese film market is currently thriving, and production companies have access to some things we only see at studio level-glassless 3D, VR, 3D technologies, and much, much more-is being found in wide use. Yet even then, our treaty is limited, and we can neither market US-made productions as ‘local’ in China or gain many film incentives through the treaty in place. Still, it’s a worthwhile market to explore.

Taking advantage of foreign co-productions

To truly take advantage of the opportunities of foreign co-productions, however, one needs access to other international co-production partners. It’s becoming common practice to find multi-part co-productions across 3 or more nations. As countries globally have moved to protect their national TV/ film industries, the preference is to support local production and incentivize those who support it in turn.

There are key opportunities to access foreign co-production incentives if you know where to look, and with one of the key entertainment law firms Los Angeles trusts on your side, BLAKE & WANG P.A is here to help you take full advantage of available international incentives. Don’t hesitate to reach out to us today.

As always, this is a complex area of entertainment law to approach, and you should always seek legal counsel specific to your situation before acting on anything you see in our advice columns.Top of Form

Aspects of production legalities you need to consider before you start filming

Successfully filming a project is only half the battle. The other is ensuring you receive all the revenue you deserve from your work. Much of the process of ensuring your future revenue stream will actually start long before the camera rolls in pre-production. Today, BLAKE &WANG P.A takes a closer look at pre-production legalities you need to consider to successfully market your work later on.

Key contract considerations in pre-production

Pre-production may well be your busiest time as a producer. This is where you will begin to consolidate, as well as map out, the requirements you’ll need to make a successful film or TV pilot. It’s absolutely key to start assembling your legal paperwork at this time. Far too many producers wait until production starts before they get the documentation for the project together, and by then it can be too late.

Remember, no matter how enthusiastic you are to get started, it’s always easier to have your contracts signed earlier rather than later. It doesn’t matter if you’re dealing with writers, co-producers, crew or cast-it’s easier to have your contracts signed in pre-production. Once production starts, and especially once it’s over, members of the production staff may decide to hold out for more backend, seek deferred compensation, or otherwise not sign.

Why? Under copyright law, if someone has contributed to a copyright they gain rights to that work. Unless, of course, a valid, binding contract was signed! This means any member of the cast or crew who had not signed a contract before production started can be recognized as an ‘author’ and part-owner of the production!

E&O insurance and you

This isn’t the only reason you may need pre-production contracts, although it’s a major one. If the production is to get a commercial release, you will require E&O insurance (errors and omissions insurance). No insurer will agree to cover the film without production legal completion.

E&O insurance is key to your distribution, too. No reputable distributor will take the risk without it in place. Thus you need your completed paperwork for everyone involved in the film, and for the ‘chain of title’ for the project. You will also need an opinion letter from an entertainment  lawyer. San Francisco, LA or New York, you’ll need this in place to specify that the film is:

●Complete, and

●That the production company is the sole owner of the project

Everything you need to know about Chain of Title

Of course, it’s equally as important that copyrights and trademarks for the work are filed too. This is all part of securing the rights to the project. Nor should you assume it will be simple-the process of filing copyright is no longer simple at all, especially since the process moved online and the US Copyright Office expanded its options.

The way you file copyright determines which of the following categories your work falls in:

●Original, or

●A derivative work,

●Or a ‘joint work’

This classification will help determine whether or not you even have distribution rights for your film, or whether you need to seek license from others.

The role of trademarks in protecting rights

Trademarks can also be an important part of the protection process, especially if you’re working on an animated project or a project based on comic books or other graphic works. Trademarks should never be filled through a third-party (other than a trusted lawyer), either, and neither should copyright. Don’t allow your writer or co-producer to handle this ‘on your behalf’. This is one of the leading causes of ‘chain of title’ problems we see. Works are filed only in the name of the original filer, not as an original work for the production company. You can imagine the years of paperwork and litigation that ensue.

 Of course, getting your pre-production in order is only part of the process of securing your rights and ensuring your project makes maximum revenue possible. You will also need to concentrate on post-production arenas, especially securing a distributor or sales agent and ensuring the negotiation process leaves you, not them, with power over your project’s revenue. You are always best seeking the extensive experience of reputable entertainment law firms Los Angeles, San Francisco, or NYC, BLAKE & WANG P.A can assist with these matters, and we have close to 2 decades of experience in these negotiations to draw on. Feel free to contact us to discuss your project today.

As always, you will need reliable legal counsel for complex matters like this, and this article is provided for informational purposes only.

Do I need packaging to pitch my project?

Packaging is a critical part of shopping projects to networks and studios. While this fact has its critics, it’s worth putting that aside if you’re keen to get your indie film or TV production in front of eyes from the top studios. Indeed, smart packaging can be a considerable boon to the indie producer, elevating your pitch to the right level to attract bigger interest then you may have thought possible. Today BLAKE & WANG P.A  take a closer look at why packaging works, and how to make it work for you.

The ins-and-outs of packaging

The term may sound mysterious, but the concept is simple. You ‘attach’ an A-list celebrity (or three), and possibly a major director or other notable crew, to your project-in-development before you pitch it to the studios.

In other words, you ‘package’ some big name stars up with your work to make it more attractive to the development execs you’re pitching to. Typically this is done between script and pre-production. The question you’re probably asking, however, is why you would do this. You have a killer pilot script and a great pitch package, do you need all that extra work?

The answer is yes, you do. Packaged projects are getting the bulk, if not all, the attention from studios and production companies currently. It’s not being arbitrarily done, either-there’s sound business logic behind the packaging model.

Why studios love packaged projects

Seeking out performers, especially quality A-list performers, takes time. It’s also not always easy to sell a project to a top-class performer. Of course, each actor or actress is unique, and some can even have unusual things they’re looking for in a project. As the entertainment lawyer San Francisco trusts most, Brandon Blake even once had to find an interesting Western for an actor with a thick Irish accent, as he wasn’t interested in accepting any other work!

Yet there are some generalities that hold true. The A-list wants to play the hero, or at the very least a character it’s easy to have empathy for. They want to be attractive, and have a meaty story to bite into. If you’re not bringing their usual salary to the table, then there had best also be potential for a great run in the festival scene and stellar reviews.

Does that already sound intimidating? It’s no less work for the studio, either! Imagine being a newer development exec with a script to take forward to the bosses. Wouldn’t having a major name already interested and committed make that pitch less intimidating? Seeing‘ important’ names approving a script or concept before they get involved gives the studio added confidence in the appeal of the project overall-and it’s potential to become a money-earning finished project and not die in development hell.

What documentation your packaged project needs

Of course, the studio isn’t just going to take your word for it. You will need to document the attachment of your prime cast to the project. This will vary slightly, depending on if you are creating a TV series or feature film. In TV development, especially for reality TV, the attachment of a performer or celebrity host is even more important-perhaps even the single most important factor.

While managers and agents are often blamed for ‘getting in the way’ of development, Brandon Blake’s experience has been otherwise. The talent makes the decisions, no matter how excited a manager or agent may be about a variety of projects.

For sure, however, you will need the assistance of one of the top entertainment law firms. Los Angeles can be a crowded place, and most agencies and management companies will require producers to be represented by either an entertainment lawyer or an agent. Luckily, BLAKE & WANG P.A has the experience to help you get your film or TV project packaged today. This article is, of course, provided as information only, and should not be assumed to replace qualified legal counsel at any time.

Your quick guide to packaging, and why studios love it

What is packaging, and do you need it? Will a network really only look at a packaged project? Today, BLAKE & WANG P.A demystify this common term, and take a closer look at everything you need to know about the world of packaging.

What is packaging?

Simply put, packaging (in the feature film/TV series context) is when your project-in-development already had one or more well-known performers attached to the project before you pitch it. Potentially, this can also be a famous director or other notable parties. The packaged project will typically be between script and pre-production at the point it’s packaged. The idea can seem intimidating on paper, but it’s more than doable, even for indie productions. Indeed, as the entertainment lawyer Los Angeles trusts with its pitches, our very own Brandon Blake has been helping clients package projects successfully for many years now.

Why you would want (and need) to package your project

That’s all well and good, but why would you want to be packaged? Many screenwriters feel like a great pitch package and pilot script will sell itself. Maybe that should be the case. In truth, however, it’s the packaged projects that will get the majority of studio or production company attention. The studio has many reasons for doing this, and most of these make good business sense. Despite there being some push-back against packaging currently, it’s a model that does make sense.

Getting performers, especially A-list, attached to a project takes time, and time burns money out of a project. While all actors and actresses look for different things in projects, the A-list typically wants to either play a heroic role, or one which will gain audience empathy. They want to be portrayed attractively, and they want a story with life and potential. If the role is low-paying, like a typical indie film, they will also want to know their name will be tied to a film with solid potential for good reviews and a strong festival run. Lastly, they may be looking for specific, idiosyncratic things they want to experiment with-for example, Brandon Blake once managed to source a project for a star who wanted to try a Western, despite a strong Irish accent!

The studio, packaging and you

That’s a lot to manage. Seeing that someone ‘important’ likes a script/concept before they get involved tells a studio that the project is potentially viable before they get involved. Maybe a studio development exec is nervous to put a script from an untried source to their boss, in case the idea falls flat. Having a major name attached to a project in this way makes it feel so much more comfortable to put in front of them.

Fair? Perhaps not entirely, but you can’t deny it makes economic sense. Packaging creates a more attractive ‘package’ of your pilot script and pitch, giving the studio the added perception of security that weighty names can lend to the project, and encourages them to take a chance on indie developers and projects that may otherwise seem too risky.

The documentation of your attachment will be particularly important if you’re looking to produce a TV series, even more so for Reality TV. Attaching performers, or a celebrity host, may even be the most important factor needed to get eyes on the project.

While packaging has sometimes created backlash that agents and managers are ‘getting in the way’ of development, it’s been our experience at BLAKE & WANG P.A that this couldn’t be further from the truth. Agents and managers can get excited about projects the talent declines. You can certainly expect it to be them driving the decision about whether they wish to attach to your project or not with confidence.

It’s highly unlikely that most agencies or management companies will accept your approach without representation from one of the trusted entertainment law firms. San Francisco, L.A or New York, BLAKE & WANG P.A has helped producers successfully package their productions, so don’t hesitate to get in touch with us today.

As always, we present these articles for information purposes only, and you should always consult an experienced entertainment lawyer before acting on any complex legal matters.

Do I develop for TV series or web series? Everything you need to know to help you make a smart decision

Knowing exactly how to develop your series is the first hurdle you’ll experience as a budding producer. Today, Brandon Blake of BLAKE & WANG P.A takes a closer look at the matter from his experience gained over decades as a (highly successful) pitch-focused entertainment lawyer. Los Angeles development companies can seem like an intimidating first milestone to conquer, and you may feel that the ‘surety’ of having a developed web series to present would be an easier bet, but it can also be a painful way to sell your idea short. The smart producer develops for the format they want the project to finish in first and foremost-but how do you even select that? Let’s take a look.

The current state of the TV industry

The last decade has seen an exponential boom in the television industry. The ‘web series’ has also moved from the fringes of the entertainment industry to something altogether more mainstream. Indeed, we could probably consider a bunch of high budget series as ‘webseries’ under some key criteria!

SVOD, TVOD , and AVOD platforms (think Amazon, Netflix, Disney Plus, and Hulu) have conquered the TV industry. Netflix alone has 50 million subscribers, more than the top 5cable-TV companies can come up with altogether. With this growth has come a demand for original content smart producers want to fill.

This means that, no matter if a streaming platform is the ultimate destination you envision for your series, there remains a few finer distinctions to consider. Did you independently produce a series? Or did you co-partner with a major network, streaming partner, or TVproduction company? Is it worth pitching to an established group in the hopes of development money, or should you try to produce your TV series independently? Let’s take a closer look at the key factors in deciding how to develop your for-TV or for-streaming project.

Format should help determine your best development route

Scripted 1-hour dramas or 30-minute sitcoms will fare better developed in a traditional television development model. Why? Having one or two recognizable faces among your cast members is a shortcut to larger audiences. There’s more content out there right now than people to view it. A recognized (or even beloved) face can give you a chance at developing an audience you’d never have otherwise. Obviously, this talent comes at a price-and a steep one, if we’re talking A-list talent. It may well be better to develop for a network or platform, rather than trying to raise that money independently, if you wish to capitalize on this draw card.

If this seems like a route that you would prefer to take, consider using entertainment law firms. San Francisco, LA, or NYC-it doesn’t matter. You’re going to need help getting your foot in the pitch door, and will need someone with the contact sand experience to help make it happen. Development is not free, of course, but it can save money through having other financial partners covering production costs. You will need to do a lot of work on pitch materials, ensuring that you will stand out from the crowd and impress (sometimes jaded) development execs who see multitudes of his sort of material daily. Selling your idea will be key in seeing it taken to the next phase.

Are there niches worth developing independent pilots for?

In opposition to these dramas or sitcoms, reality TV and children’s television has a wide-open market for independent production. Costs for pilot production are often manage able, and will give development execs validation the concept can succeed. Strong pilots are an excellent way to get attention, in fact. Yet there are network execs that have picked up strong reality pitches without even an attached sizzle reel. It will come down, in the end, to the novelty and pull of what you’re selling. And remember-if you need the exec to‘ use their imagination’ to see what you could do, it’s often better to rely on that same imagination then present low-budget versions of your final vision.

What about web series?

We’ve looked at the web series in greater depth before, but in short-this is an ideal format for developing a directional or writing portfolio. In itself, it’s unlikely to become revenue-generating due to platform limitations, however. To generate revenue from a series, experienced producers will typically work with a network/platform, or even major production company, to allow bills to be picked up and ensure better marketing and distribution. Additionally, networks generally seek ‘fresh’ content, not things that have already appeared elsewhere. It would take multiple millions of views per episode to sway a production company differently.

If you feel you’d like to see a series ultimately end up on TV or a streaming service, or you wish to push for a surer form of revenue generation from your work, it’s better to decide on developing as a television project and not a web series.

BLAKE & WANG P.A have almost 2 decades of experience in supporting pitches and getting your project in front of the right eyes to help make your dreams a reality. Why not get in touch with us to discuss your project today?

As always, we offer this article for informational purposes only. Complex matters of entertainment law should always be discussed with your own legal counsel before you make a decision.

2 ways to protect the title of your feature film or TV series every producer should know

Have you ever noticed how many film and TV projects share similar, or even identical names? Sometimes projects will even deliberately reference another title within their own. Ina world where copyright is strictly policed, this can be baffling to the producer trying to protect their own project’s title properly. Today BLAKE & WANG PA take a closer look at the ways you can protect the title of your film project in closer detail.

Wait-doesn’t copyright protect my film’s title?

As the entertainment law firm Los Angeles chooses for its copyright issue, we’ve had plenty of experience in this arena. The fact that copyright doesn’t outright protect the title of a project is inevitably baffling to our clients. Under the law, however, it’s not considered as part of the ‘creative content’ of the project, which is what copyright law is there to protect. So, if you can’t copyright your title, what can you do to protect it? Fortunately, there are two options available to you that can be leveraged to protect your title.

1.Trademarking your title to protect it Trademarking your title is open to you on TV and film projects alike, although trademarking does not specifically protect the title of a creative work in every use itself, either. The intention of a trademark is to act as a ‘source identifier’. Service marks and trademarks are used to establish who made a product or provided a service first, preventing customer confusion about the ‘goods’. Think of how immediately identifiable Apple and Coke are to the consumer through a combination of name , font, color, and appearance.

So how can it protect your project’s title? Some creativity will be needed, for sure. Your intent should be to create a mark that is both valid and will offer your title the protection you need. Even if you don’t file your trademark at the federal level, ‘common law’ or state trademark law is available in many jurisdictions and can offer you some protection at that level.

2. MPAA registration for feature films

Many feature film producers, especially in the indie arena, don’t realize that there is a second method open to them to protect their title. This is registration through the MPAA. This will provide direct protection to a title, and allows reservation of titles for theatrical feature films. There are costs involved in the registration process, of course, but many of our feature film clients trust us to obtain MPAA protection for their anticipated future feature film projects as well. This can be well worth doing, as the registration is assigned first-come, first-serve, and you don’t want to miss out on a title you have your heart set on. Entertainment lawyers Los Angeles-wide will advise you to start early with this process for the best results.

BLAKE & WANG PA have close to two decades of experience in matters just like this, so feel free to get in touch today. Copyright and associated issues can be bewildering to navigate when you are not in the legal field, but ensuring that your project is adequately protected is critical to maintaining your legal rights to your work as well as ensuring you can properly control your profits and the use of your work. It’s well worth investing in some time with our professional team to ensure everything is correctly handled to your benefit. As always, we provide this summary of your options regarding title registration for general information only. Always consult with a qualified entertainment attorney before making a decision about complex issues like this.

How to choose the right contract for profit participation from your leading stars

Are you a producer or director looking to build a project around a specific actor? Perhaps you’re wondering what the best way to contract with your star would be, to ensure you get the best outcome possible? Is profit participation on the table? As the entertainment attorney Los Angeles trusts, Blake and Wang PA are perfectly placed to help you make the right contractual decisions-so let’s take a deeper look into the world of independent film production and star actor agreement.

Choosing the right contract

Firstly, so you’re fully armed with all the information, we should probably point out that the Screen Actors Guild (SAG) do offer boilerplate contracts indie filmmakers can use for their cast. Stop and think a moment, however, before you rush off to use one as a done deal. This is, after all, one of the top actor unions in the country. Is this really who you want to manage every intricacy of the contract you are about to use?

That is not, for a second, to disparage the SAG at all. They are an incredible organization that has worked tirelessly to protect performers’ rights. They have been of huge influence in ensuring safe film and TV productions with higher workplace standards. However, allowing an actor-focused union to draft the contract you will be using to protect your interests as a film maker is not in your own best interest, the same way that allowing someone else’s lawyer to draw up the agreement would not be. While it’s a quick and easy solution, it’s not going to be the best for you.

A key missing area on SAG boilerplate contracts

So, what’s missing from the SAG boilerplates that you consider? Firstly, there are no options open for equity share/ profit participation. If you’re hoping to attract a Big Name by building a project around them, then this will likely be a glaring absence. It’s also key to formulate profit participation carefully, as getting this wrong could lead to increased residual and Pension Health and Welfare obligations.

Creating a better solution

The most common way of defining profit participation for your actor comes in the form of adjusted gross receipts. Don’t let the terminology frighten you! You may well be conditioned to avoid sharing ‘gross’ with actors if at all possible, but it’s important to realize that not all gross profit is created equally.

Adjusted gross receipts, or AGR, allow you to take into account the costs of production and are, in fact, defined on the production side. In short, distribution and sales fees are removed from the figures.

Deciding on a percentage to offer

So what percentage would be ‘correct’ to offer? Generally, you’re looking at a range from alow 2.5% to a high 15%. Obviously, the higher amount is more typical for a big name celebrity who’s working at scale, or for considerably less than their usual bankable figure.

But a percentage in itself is meaningless. A percentage of what, exactly ? Here you need to make sure your production company has strictly defined its revenue-sharing definitions. And that, of course, is not something that comes with a ‘Legal Zoom’ or similar template LLC. You may not have read all the way through the proforma that came with the filing service materials, but you didn’t miss anything of value, either. Expect nothing much but old, and often outdated, code provisions. In short-don’t assume you’ve got the definition of AGR somewhere. Ensure you sit down with proper legal counsel and craft it, with precise thought to your goals.

With a specifically crafted contract created with your best interests in mind, and a clear idea of both the percentage you wish to offer your Name, and the definition you are using to outline your AGR and revenue sharing definition, you’ll be in a far stronger position to offer a deal that will work for both of you.

Blake and Wang PA didn’t become one of the entertainment law firms San Francisco loves for nothing. We have decades of experience in helping indie filmmakers like yourself create, ratify and administer contracts across a host of projects. No matter what future you envision for your project, let us help you create a solid foundation today.

WGA show runners may struggle to pitch to networks through agents: an in-depth look at the situation

The process of deciding whether to pitch your project through a specialist entertainment lawyer, a management firm or an agency can be a tricky one. For WGA show runners, it’s been further complicated by some recent demands from the WGA itself. Today, Blake and Wang PA simplifies the issue for you, keeping you on top of industry changes as always.

Are you a WGA writer?

If you’re considering looking for representation for your TV project, whether or not you are signed with the WGA could play a heavy part in your decision-and even limit your options.

The WGA, or Writers Guild Association, has been locked in an ongoing dispute with the Association of Talent Agents for a while now. The WGA is insisting that members fire agents if they have not signed a new Code of Conduct. The key change prohibits the agent from packaging work on behalf of production companies. It also seeks to curtail agencies from creating their own production companies.

What does that mean for you if you are a WGA writer?

Needless to say, none of the larger packaging agencies have bitten on this one. Without a Code of Conduct, you’re not allowed to work with them, either. However, there is some stellar news: there are fantastic smaller agencies that have signed you can work with, and they’re definitely worth consideration.

There’s even better news-the changes to the code of conduct still allow you to work with management firms and entertainment law firms like ours for representation, and that may even be a better fit then an agent.

Why did they take this decision?

Speaking honestly, the measures now put in place are designed specifically to target the ‘big four’ talent agencies: WWM, UTA, CAA, and ICM. They’ve been at the center of many debates with the WGA. With some incredibly big-name performers and directors in their stables, they bring a lot of value to represented projects, after all. Smaller agencies tend not to have the same large talent book in-house, and have to pitch projects to other cast or agencies to assemble the needed talent before approaching the networks or production companies.

The nexus of the issue lies in the ‘big four’ being paid by production companies and networks for packaging services. This bypasses the commission system through 3rd party payments.

What is your opinion on the matter?

It is slightly unrealistic, on the writer’s side, to expect their agencies to fully finance project development. That said, packaging is indeed a conflict of interest. Is it a necessary one, however? Well, the only real person who will be able to foot the bill for the production, at day’s end, is the producer. Writers staying out of the business side of the industry, wanting to be courted by others, will create cost issues under the WGA’s current vision of TV development.

 For WGA writers, the new Code of Conduct changes have created a sticky atmosphere. Fortunately, there are still smaller agencies who have signed the Code of Conduct you may choose to work with. Additionally, don’t forget that there are always management companies and, of course, entertainment lawyers in San Francisco or Los Angeles like Blake and Wang PA.

We’re always happy to hear from you, so feel free to get in touch today. As always, we do not offer the summary above as legal, tax or accounting advice, and urge you to seek legal counsel for your own projects.Top of FoBottom of Form

Pitching season and pilot season-are they still relevant?

If you’ve hung around the business long enough, chances are you’ve heard the terms. ‘Pilot season is coming, it’s time to get your work out there!’ Or maybe you’ve been advised not to pitch outside of ‘pitching season’. Is this open industry secret something you really need to consider, or has the globalization of the modern industry diminished the importance of ‘pilot season’ for the aspiring producer? Blake and Wang P.A take a closer look.

Does ‘pilot season’ even matter anymore?

The short answer for this one is ‘Yes’. ‘Pilot season’ and ‘pitching season’ are both critical times of the year. Even more so if you’re interested in scripted network TV. That’s not to say there hasn’t been industry changes-reality TV tends to accept year-round pitches. Netflix and Amazon are also more open to starting programs year-round instead of in a fixed season. It even seems that Peacock, Disney + and HBO Max will follow suit in order to stay competitive.

If your eye is on major networks, however, and even (though to a lesser extent) cable networks, there’s still a program schedule for scripted programs you’ll need to fit. If you want to make the very best possible pitch with the greatest chance of success, you need to work with this. Making a successful pitch will roll you into pilot season, after which the execs will make the decision on what gets fully developed.

What about pitching season?

No matter how major the network, they’ll start hearing pitches from January on down. Late May to early June, however, is undoubtedly the most hectic time of year for pitches. It’s all tied to Up fronts, which are held in the 3rd week of May annually.

Series, both scripts and concepts, are traditionally pitched from June until the December Holidays. During the Holiday season proper, execs will sort the short-listed concepts to see what gets a pilot order. Come January, we will roll back into pilot season and start the cycle again. A good pitch will get your pilot green lighted.

What if I’ve already produced content?

You may be wondering what to do now if you already have content in the bag. Sizzle reels will be considered overall as part of your series concept, so they don’t change anything at all. You can continue to plan around the dates we outlined up above. If you’ve already shot your pilot independently, it’s a little different. We’ll also look at this in further detail in a separate article. It’s important to realise independently shot pilots, while still unusual, are no longer seen as the remarkable risk they once were. With a great producer, a smart concept could easily take this route to skip much of the traditional process and give Network eyes a finished pilot to consider. One they didn’t have to bankroll, which is always attractive.

Despite the changes made to the industry by streaming services and their non-stop need for new content, pitching season and pilot season are still key milestones the independent TV producer needs to consider. As entertainment lawyers based in New York and Los Angeles both, we’ve represented many successful series concepts and pilots to the networks. Whether you’re aiming for major networks, cable or streaming platforms, the Blake and Wang P.A team have the expertise and experience you need for a successful pitch and pilot season. Why not consider letting the team help you to succeed?

As always, we’ve provided this information to help keep you informed on the state of the industry. It shouldn’t be confused with legal counsel, tax advice, or accounting advice, and we always advise that you hire legal representation to assist you.