The global lockdowns have certainly had a profound effect on the international economic landscape. Unsurprisingly, some industries have been harder hit than others, with travel and recreational pursuits taking possibly the hardest hit of all. For movie theaters, which weren’t always doing all that well even in the pre-COVID business world, recent losses have reached staggering proportions. We’ve now heard that giant exhibitor AMC entertainment is looking to reopen theaters come July-so BLAKE & WANG P.A, as one of the top entertainment law firms Los Angeles has, are taking a closer look.

Staggering first-quarter losses-and a remarkable turnaround

We certainly can’t debate that they need to kick start revenue generation. From a mere $130million in the red last year, we’ve seen AMC Entertainment losses drop to $2.18 billion through the first quarter (and the COVID crisis). This amounts to a 22% drop in revenue when compared with the same quarter last year. Free cash flow plummeted to $275 million in the negative. The declared adjusted net loss is $231 million. In its centenary year, those results are both sobering and straight-up depressing.

Nor is that the only hit they’ve taken recently. Wall Street has continually lost faith, expecting a Chapter 11 bankruptcy at any moment. Moody’s and S&P have downgraded them, and S&P has even accused their ‘distressed debt swap’ of being a veiled default.

 Yet despite this bad news, we’ve seen a remarkable plan of action rolled out. From renegotiating with landlords to have first quarter rents forgiven, to other sweeping talks with stakeholders, no one can accuse AMC of slacking. The plan they’ve rolled out seems quite formidable-on paper, at least.

Theatres set to reopen in July

As it stands now, and with that hard work done, AMC plans to reopen almost every U.K and U.S theatre from July, in time to showcase Warner Bros’ release of Christopher Nolan’s Tenet. An ambitious lineup follows, with Disney’s Mulan (July 24th),Unhinged, Saint Maud, Antebellum, Sponge bob Square Pants, Wonder Women 1984, A Quiet Place II and Black Widow all scheduled, amongst others.

This is in addition to 10 theatres already reopened in areas of the EU and plans to reopen globally by July.

 But what about the ongoing public health crisis? That has been covered by the plan too. They have made promises to:

●Carefully coordinate their openings with national and international officials

●Use guidance from former and current Harvard University School of Public Health faculty to shape a safe environment for staff and guests. This is supplemented by a partnership with the Clorox Company.

●Use both guest health education and ‘aggressive marketing communications and promotional activity’ to ‘jumpstart’ consumer demand and bolster trust.

Will it be enough to get the fabled ‘bums on seats’? We shall have to see. AMC Entertainment certainly has high hopes of it being enough, pointing to pre-COVID February revenue increases as a baseline to believe the movie theater industry can be revived from its current slump. This mass turn-around and wide-spread salvage strategy has certainly affected the share price for AMC, boosting it from the lows it had sunk to after the ratings downgrade.

When these announcements were made via conference call earlier this week, the incumbent CEO ended with the lines “We will do everything in our power to make sure that this company thrives and prospers. With that, see you at the movies.” While this probably won’t be a blockbuster summer for going to the movies, AMC Entertainment has certainly tried their hardest to avoid becoming as redundant as the Blockbuster rental chains once did. We can only hope public buy-in is strong enough to show results.

If you’re looking to keep up-to-date with the constantly shifting goalposts COVID-19 has dumped on the TV and film industry, look no further than BLAKE & WANG P.A, one of the best entertainment law firms San Francisco has to offer. We always have our fingers on the pulse of new developments, so rest assured we have the knowledge to help you position yourself in this novel landscape.

With AMC’s dismal Q1 earnings-and their recently announced turn around plan-fresh on everyone’s minds, analysts can be forgiven for being concerned over the perceived stand off  between AMC and Universal studios. After all, Universal is currently handling the overseas distribution of MGM’s 007 film, No Time to Die, due to open in the US on November 25th,and possibly earlier internationally. We can’t blame them, either. After all, it wasn’t that hard to find the statement buried deep on page 3 of the AMC earnings report: “While we are inactive dialogue with Universal, no movies made by Universal Studios are currently on our docket.” BLAKE & WANG P.A take a closer look at the current state of relations, and where the future may take us.

The source of the poor relations between AMC and Universal

These developments come about a month after a very public note from the AMC CEO announcing a ‘public ban’ of Universal titles from AMC theatres. The cause of this angry letter?

The PVOD release of  Trolls  World Tour from DreamWorks Animation.

It’s tempting at first to laugh about a children’s movie being the cause of drama, but if we take a closer look at the economics, it does make sense. Universal earned $100 million from that release, deep in the heart of the lockdown. They have stated that they will do a theatrical day-and-date VOD for the film as well once theatres full reopen-but the chances of a wary public biting seem slim. Why not stay at home, socially distant, instead? There’s areal revenue loss for AMC in the move, and maybe the hurt feelings aren’t so irrational.

Smoothing ruffled feathers

In a statement made earlier in the week, however, the AMC CEO paints a rosier picture:

“So, look, relations are warm with Universal. They have always been warm, and I’m using that as a good word. There’s nothing personal about this issue with Universal. I have great respect for Universal’s executives. It’s just an issue about money. We are in active dialogue with Universal.”

Universal has yet to respond, but given that the statement was very recent, that doesn’t really indicate much at all.

Warner Bros’ play for screens

While it is quite worrying-and possibly shortsighted-to see a theater chain that needs every draw card possible engage in a spat with one of the major studios, it may not be as big a deal as you’d expect overall. Warner Bros is currently looking to monopolize every possible screen for the projected July 17th premiere of Tenet. Likewise, most reopening theaters, including AMC theaters, are banking on the film to make that date, and for the screenings to actually happen. That’s not 100% guaranteed at this moment, especially with the pandemic only corralled for now, not defeated outright.

Add to that the fact that Disney has yet to recall it’s furloughed distribution ops to handle the projected July 24th release for Mulan, and there’s rather bigger fish to fry for AMC currently. Universal has nothing on the cards until the late August release of Let Him Go.

Will the dispute have been resolved by then? No one can say. It’s also a little early to tell if AMC has the bargaining power they clearly believe they do, given the hit the lockdown theater closures have had on their baseline earnings. Can they pressure Universal to dance to their tune? Or will it all slide under the table, forgotten? It will be interesting to see how things develop over the next few months.

Corona and the global lockdowns have had a profound impact on the entertainment industry worldwide, and it can be a little difficult to know how best to position yourself to make sure you’re in the right place at the right time for success. Why not get one of the best entertainment lawyers in Los Angeles on your side? BLAKE & WANG P.A have almost 2 decades of experience in the industry, and all the expertise you need to stay on top of the tumultuous state of the post-COVID entertainment industry.

AMC Entertainment this week announced a surprisingly robust plan of action and the re-opening of its theatres globally by July. On the heels of agonizing-but hardly unexpected-first-quarter results, it’s been enough to re-inject some much-needed life into their share price. Among the lineup proposed to see the theater through to the end of the year, however, there’s one notable absence-anything by Universal Studios. That ‘oversight’ was hardly a surprise to BLAKE & WANG P.A’s very own Brandon Blake, as an entertainment attorney. Los Angeles has been buzzing with news of their dispute for a while now-and here’s the key takeaways you should know.

AMC’s Q1 earnings released

To take a moment to look at the bigger picture, one of the key announcements this week was the overall state of AMC Entertainment’s Q1 earnings. It will come as no surprise to anyone that the COVID-induced theater closures had a profound negative impact on their earnings, leaving the company in a startling debt hole.

Nevertheless, they also came out the gate swinging. News of a drastic reshaping of rental terms, an extensive health and safety policy shaped by Harvard Public Health minds, the rollout of theater openings from July, and plans to ‘jumpstart’ the public into returning to theaters have had a positive effect on AMC shares that hasn’t been seen since their Moody’s/S&P down grade.

The Universal/AMC spat has nothing to do with this, of course. Yet it still managed to slip into the earnings release. Buried deep on page 3, we find the statement, “While we are inactive dialogue with Universal, no movies made by Universal Studios are currently on our docket.”

The context behind the spat

This addition to the quarterly report comes just over a month after a public note from AMCCEO and President, Adam Aron, to Universal Studios Chairman Donna Langley. The note was, in effect, a public ban of all of the studio’s future titles.

What could bring on that degree of ire amidst already trying times? The PVOD release of DreamWorks Animation’s Trolls World Tour. It seems a little surreal that a children’s movie could cause such backlash, but with Corona forcing everyone to reevaluate their business models, maybe it shouldn’t be so surprising. Any entertainment attorney Los Angeles trust scan tell you any loss of income at all right now is too much for comfort.

The PVOD release has, to date, netted Universal $100M, as well as AMC’s ire. While the studio has made statements to the Wall Street Journal that it will also use a day-and-date theatrical VOD once theatres reopen, one can, however, ask if they expect anyone to go and see it. Would it not be more comfortably seen in your own home, safely distant from possible disease vectors? Realistically, it’s a Universal success that will hurt AMC greatly, at a time they can least afford it.

In conclusion

While AMC may well have just cause to be angry at Universal, it also has bigger concerns right now. Warner Bros are keen to grab up any available screen for the projected July 17threlease of Tenet, yet it’s not entirely certain the film will make that release date with the shifting state of global health and international restrictions. Likewise, Disney continues to claim July 24th for the release of Mulan, yet has made no efforts to call back furloughed distribution staff for the film. AMC also has the considerable logistics of their own theatre reopening to manage, set to begin rolling out in mere weeks.

Universal, meanwhile, has the Costner-Lane crime drama Let Him Go as the first slated theatre release for the year, all going well. With August 21st as the date, AMC has plenty of time to sort out its issues with the studio. Kajillionaire and Candyman in September, and the sci-fi movie Bios in October, look fit to flesh out the remaining Universal lineup.

So while the first ‘ban’ was certainly called in a temper, it does seem that AMC is making moves to mitigate the knock-on effects from hurting their current public image. Do they really have the room to bluff and bargain that they think they do, with dismal earnings and a desperate need to get any-and-all visitors into theaters worldwide once they reopen? That, only time will tell.

 Are you looking for entertainment news and advice you can trust? As one of the best entertainment lawyers in Los Angeles, BLAKE & WANG P.A’s Brandon Blake has the industry insight you need to help you navigate the muddy post-Corona waters of the entertainment industry, so don’t hesitate to get in touch with us today.

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.

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

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.

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.

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.