The Florida Bar Entertainment, Arts and Sports Law Sectionin association with The Jacksonville Film Festivalpresents
The Sixth Annual
Independent Film and the Law
Live Presentation: Friday, October 14, 2011
The Cummer Museum of Art & Gardens • 829 Riverside AvenueJacsonville, FL 32204 • (904)356-6857
Course No. 1390R
(Max. Credit: 4.5 hours)General: 4.5 hoursEthics: 1.0 hour
ENTERTAINMENT, ARTS& SPORTS LAW SECTION
Joseph Z. Fleming, MiamiChairCassie Willard, OrlandoChair-electKimberly D. Kolback, MiamiCLE ChairCarolyn Herman, Jacksonville BeachProgram Chair12:30 p.m. – 12:55 p.m.
12:55 p.m. – 1:00 p.m.
Carolyn Herman, Esq., Chair, Associate Proessor o Proessional Skills, Florida Coastal School o Law, Jacksonville
1:00 p.m. – 2:15 p.m.
Providing Those Elusive (andPotentially Expensive) Deliverales
Moderator: Lucille Ponte, Proessor o Law, Florida Coastal School o Law,Jacksonville
D. Porpoise Evans, Greenberg Traurig, Miami
Cassandra Willard, Esq., Full Sail University,Winter Park
Melissa Ross, Independent Producer and Host/Producer, WJCT, Jacksonville
When signing that all important distributionagreement, many lmmakers ignore Exhibit A:Deliverables – those items that must be urnishedbeore the lm will be released and oten beoreany advances will be paid. This panel will discusswhat deliverables are usually required, rangingrom the technical (e.g., ormatting and soundelements) to the paper documents ( e.g., titleand music clearances, location and materialsreleases, crew agreements, and E&O insurance).Also discussed will be how to keep the expenseo urnishing these items to a minimum withoutcompromising the integrity o your lm or theethical obligations to your clients in assuring thatthey provide accurate inormation.
2:15 p.m. – 2:20 p.m.
2:20 p.m. – 3:35 p.m.
The Hangover Part II:
Moderator/Panelist: Carolyn Herman,Esq., Jacksonville Beach
Kim Swartz, Esq., Mitchell, Silberberg &Knupp, L.L.P., Los Angeles, CADarryl Cohen, Esq., Cohen, Cooper &Estep, L.L.C., Atlanta, GAKent Lindsey, Producer/Actor, Lindsey Films, Inc., Jacksonville
When securing talent or a lm, lmmakers con-ront a variety o issues beyond simply salarydemands. This panel will discuss how to dealwith talent representatives such as unions, tal-ent agents, and managers; employing minors;the key dierences between the various typeso talent; (e.g., actors, crew, directors, extras);and the ner points o talent contracts, e.g.,residuals and reuse ees, morality clauses, andtouring and promotion. Also discussed will be theethical issues presented by the attorney-talentrelationship, and, in particular, ee arrangementsand conficts o interest.
3:40 p.m. – 4:55 p.m.
Securing that InitialFinancing and/or DistriutionAgreement
Moderator: Kim Swartz, Esq.,Los Angeles, CA
Jerey McFarland, Esq., Driver, McAee,Peek & Hawthorne, Jacksonville William Whitacre, Esq., Maitland Thomas Kastelz, Esq., Jacksonville Lawrence Haber, Esq., Law Ofces o Lawrence H. Haber, P.A.,Altamonte Springs
Financing a lm is oten much more dicult – and rom a risk perspective, may be evenmore precarious than actually lming it. Thispanel will take the mystery out o compliancewith the ederal and securities laws (e.g.,Regulation D lings v. private investor memos)and discuss the pros and cons o utilizingproducer representatives, oreign sales agents,domestic distributers, digital rights aggregatorsand all-rights v. split rights deals. Specicallydiscussed will be the ethical concerns associatedwith ensuring compliance with the security lawsand in engaging in a multijurisdictional practice.
4:55 p.m. – 5:00 p.m.
Carolyn Herman, Esq., Jacksonville Beach
Networing Function atCummer Museum (included inregistration fee)
Immediately Following Seminar
Thanks to Our Sponsors
Florida Coastal School o Law
The Cummer Museum oArts and Gardens
Tim Ellis, Esq.Joanne Yau, Esq.Audio Motion Music Inc.
FRIENDS OF THE SEMINAR
Henry Coxe, Esq.World Financial GroupCarolyn Herman, Esq.