MOTION PICTURE FILM PRODUCTION

[Please note that the Nissenbaum Law Group does not serve as an entertainment agency, nor does it shop its clients for production or distribution deals.]

There is a nationwide need for entertainment lawyers who have experience in the film industry. The Nissenbaum Law Group has handled such engagements, most notably, the legal aspects of a major motion picture that was released in 2023. The firm seeks to provide a wide-range of legal representation in regard to transactions involving film studios, producers, directors, performers, distributors and financers, publicists, cinematographers and soundtrack production companies, just to name a few.

The Nissenbaum Law Group not only represents clients in the film industry, but also has a broad-based entertainment law practice—including video games and apps, television, literary, modeling, music and theatre—in the northeast (New York, Pennsylvania and New Jersey) and the south (Texas), as well as other states in accordance with the prevailing multi-jurisdiction rules. Accordingly, the firm is available to represent entertainment clients from Newark to Hackensack, New Jersey; from Manhattan to Brooklyn, New York; from Philadelphia to Pittsburg, Pennsylvania; from Austin to Dallas, Texas. Indeed, the firm welcomes inquiries from high level entertainment clients who are not necessarily based on the west coast, but instead may be utilizing production vehicles, utilize locations and/or solicit talent in other parts of the United States

The firm has extensive experience in the legal aspects of major motion picture production negotiation and drafting. This includes the nuances of monetizing the income streams available from intellectual property in the context of entertainment vehicles that are both digital and also those that involve theatrical distribution.

Film Production Tax Incentives

All of these items must be reviewed in the context of the enormous advantage the film industry has been able to obtain through negotiating tax incentives and tax credits. For example, the New York Office of Motion Picture and Television Development Tax Credit, the Pennsylvania Film Office Production Tax Credit and the Texas Film Commission Tax Credit programs are all positioned to provide significant incentives to produce films in those states. Please click on the following link for a more detailed explanation of the law firm’s practice in this regard: Negotiating Film Incentive Tax Credits For Major Motion Pictures.

Entertainment Law Practice Areas

Some of the key legal matters that have arisen in the firm’s major motion picture practice include aspects of the following:

• International film distribution rights
• Derivative ancillary rights
• Location-based rights, including local ordinances and cast/crew location agreements
• Merchandising rights
• Mitigating potential liability risk on film production set
• Copyright protection for film production
• Formation of production companies (LLC, corporations or limited partnerships)
• Synchronization rights involving music to video
• Special Purpose Vehicles
• Film option agreements
• Chain of Title agreements that are integral to monetizing bundled rights
• Screenplay Purchase Agreements
• Financing and security agreements
• Clearance review to avoid potential intellectual property infringement
• Litigation/Arbitration matters concerning financing and budget disputes
• General legal advice for legal issues relating to film production

Indeed, representing clients with regard to the items on the above list raises some common questions and concerns. They include (a) how to register copyrights and trademarks for entertainment-related intellectual property, (b) how to negotiate both a front-end and back-end deal for the monetization of the film, television or musical production and (c) how to structure the contractual enforcement rights to maintain confidentiality of the dispute so as not to tarnish the brand.

The Nissenbaum Law Group welcomes inquiries from clients involved in any aspect of major motion picture production, including film studios, producers, directors, performers, talent agents, distributors, financers, publicists, cinematographers, soundtrack composers and engineers. The firm not only practices entertainment law from its offices in New York, New York; Philadelphia, Pennsylvania; Dallas, Texas; and Union, New Jersey, but also handles matters in other states in accordance with the local multi-jurisdictional rules.