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.

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.

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.

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

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.

Many people assumed the Film Tax Deductions that expired back in 2016 may never return, but, the new Section 181 Tax Deduction was passed as part of the Tax Cut sand Jobs Act of 2018, which is great news for anyone looking for private investor financing for a feature film, television series or a live stage production.

 Since the purpose of the old Section 181 Tax Deductions was to create tax incentive for investors involved in entertainment productions made in the United States, likewise, the new version creates 100% deduction for any money invested in a film,television series or stage production that is produced in the US, and qualifies under the original qualification standards of Section 181.

This means, for every $1.00 invested in a film or a television series, the investor can write-off 37 cents from their tax return. Like the original, the new Section 181 Tax Deductions can be taken when a producer sets up a qualifying securities offering, in which the private placement memorandum (PPM) and other provisions of the securities offering have been drafted by a recognized entertainment lawyer in Los Angeles, San Francisco and New York, like ourselves, to incorporate the new depreciation rules found in the 2018 version of Section 181 Tax Deductions of TCJA.

Investors that are subject to United States federal income tax can benefit from the new Section 181 Tax Deduction under the Tax Cuts and Jobs Act 2018.

As Section 181 Film Tax Deduction expired at the end of 2016, many assumed it would never return, until the new Section 181 of the Tax Cuts and Jobs Act emerged with same benefits specifically referencing the original Section 181 Tax Deduction.

Though it is based on the premise of the original text, the new Section 181 Film Tax Deduction is different in a couple of ways that make it even better for investors and producers.

To begin with, there is no cap to the Section 181 Deduction any longer, and even projects budgeted over $15 million can take advantage of the deduction.Although all producers and investors can benefits from it with the help of an entertainment law firm in New York, Los Angeles, and San Francisco, the studios and networks might be the biggest beneficiaries of the deductions,as every film and television series produced in the United States for the next 5 years will be able to take advantage,if the production qualifies under the original qualification standards of Section 181.

The way that the deduction is taken by the production company is now different as well, and rather taken as an expense, it is a form of depreciation. The provisions are complicated for anyone but,the top entertainment attorney in Los Angeles, New York, and San Francisco,like us,who is familiar with the tax law, to create the same benefit for investors as under the original Section 181 Tax Deduction.

Finally, there are no special-zones where certain geographic areas get a higher-cap anymore since the cap has been removed altogether, benefiting investors and producers.

Of the many issues top entertainment law firms in Los Angeles, San Francisco and New York like us assist with, the two I will focus regarding rights are, the idea of ‘derivative work’, and the US Copyright Act requirement for a ‘signed writing’.
In film and television we usually talk about
1) the “underlying work,” such as a book, short story, comic book, etc.,
2) the script, and
3) the film or television production itself.
Not based on previous work, the ‘underlying work’ is considered to be original, and is copyrighted solely in the name of theauthor(s) or the company that commissioned it.Each subsequent work based on the original are ‘derivative works’, and therefore must be licensed from the original author(s).
If a script is based on a story, then the script is a ‘derivative work’, and your rewrite of the script is a derivative of a ‘derivative work’. To proceed, you would need to license the rights, with the help of an entertainment attorney, Los Angeles based, from both the original and the first script authors.
Coming to the second issue, the Copyright Act specifies that a ‘signed writing’ is needed to transfer rights, without providing any specific template. Electronic communication has brought issues regarding ‘signing’, too.The federal ESIGN Act clarifies this, making it a federal law, that digital signatures are considered to be as binding as paper signatures.
Often times, emails are ‘signed’ by the sending party, but they can be altered, which raises concern. Similarly, text messages, Facebook and Twitter posts areconsidered signed writing in some ways, but not expected to be formal contacts by the parties sending them.
The best advice is to be cautious, and never rely on an email or text message to be final disposition of the underlying rights. Every project has the potential to become valuable in the future. Have a formal contract drafted, or have an existing reviewed by the best entertainment lawyers in Los Angeles or New York like ours. It is not just the transfer of rights and the division of royalties and profits, but there are other legal issues that should be taken into account as part of a rights agreement.