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| Acknowledgements | |
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| About the Authors | |
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| Introduction | |
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| How to Use This Book | |
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| The Third Edition | |
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| Hollywood Studio Pictures | |
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| Independent Features | |
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| Micro-Budget Pictures | |
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| Documentaries and Reality | |
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| Made for Television | |
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| Deal Making | |
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| Hollywood Deal Making | |
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| Independent Film Deal Making | |
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| Contracts | |
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| Material Terms | |
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| Oral Contracts | |
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| Offer, Counteroffer, and Acceptance | |
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| Forms of Paperwork | |
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| Reliance Letters | |
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| Short-Form Agreements | |
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| Deal Memos | |
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| Certificates | |
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| Letters of Intent | |
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| Formal Agreements | |
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| Standard Terms | |
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| Letter Agreements | |
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| One-Sided Agreements | |
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| Precedent | |
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| The Development Process | |
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| Public Domain | |
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| Copyright Reports | |
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| Obtaining Rights | |
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| Fact-Based Stories | |
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| Satire and Parody | |
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| Optioning Rights | |
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| Writer Deals | |
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| Copyright Registration and Recordation | |
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| Titles | |
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| Getting the Star Elements | |
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| The Pay-or-Play Offer Strategy | |
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| The Empty-Handed Approach | |
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| Independent Divisions of Major Agencies | |
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| Personal Managers | |
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| Entertainment Lawyers | |
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| Casting Directors | |
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| Experienced Producers | |
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| Directors | |
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| Actor Production Companies | |
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| Film Festivals, Film Workshops, Seminars, and Grants | |
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| Private Money and Soft Money Financing | |
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| Private Funding | |
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| Family and Friends | |
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| Avoiding Equity Financing Pitfalls: “Show Me the Money” | |
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| Soft Money | |
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| Grants | |
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| Production Assistance and Tax Incentives | |
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| U.S. Federal Tax Incentives | |
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| Tax Shelters | |
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| Co-Production | |
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| Key Film-Production Incentives | |
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| Cash Rebates | |
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| How Tax Credits Work | |
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| Key USA State Incentives | |
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| Key International Incentives | |
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| Other Financing Sources | |
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| Financing Sources | |
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| Talent Fee Deferrals | |
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| Producer Fee Deferrals | |
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| Soundtrack Album | |
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| Music Publishing | |
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| Product Placement | |
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| Conclusion | |
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| Presales | |
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| Presales | |
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| The Producer's Representative (“Producer's Rep”) | |
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| International Sales Agents | |
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| International Sales Agent Deals | |
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| Producer Fees | |
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| Expenses | |
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| Territory | |
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| Sales Commissions | |
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| Media | |
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| Derivative Productions | |
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| Term | |
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| Guild Residents | |
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| Approval of Sales | |
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| Form of Contracts | |
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| Accountings | |
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| Credit | |
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| Delivery | |
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| Escrow Collection Accounts | |
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| Cutting Rights | |
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| Marketing, Publicity, and Advertising | |
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| Selling Spec Movies Before Completion to Domestic Distributors | |
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| Production Loans | |
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| Entertainment Bankers | |
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| Production Loans | |
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| Key Terms in Production Loan Agreements | |
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| Interest Rate | |
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| Commitment Fees (Points) | |
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| Legal Fees | |
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| Commitment Letters | |
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| Opinion Letters | |
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| Security Interests | |
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| Loan Repayment | |
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| Documentation | |
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| Completion Guarantees | |
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| Setting up the Production | |
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| The Form of Production Company | |
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| Sole Proprietorship | |
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| Partnerships | |
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| General Partnerships | |
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| Joint Venture | |
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| Limited Partnership | |
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| Corporations | |
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| Limited Liability Companies | |
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| Business Accounting | |
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| Independent Contractors or Employees | |
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| Loanout Corporations | |
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| Production Accounting | |
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| Insurance | |
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| Script Clearance | |
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| Fireman's Fund Clearance Procedures | |
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| Production Checklist | |
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| Hiring Writers | |
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| Certificates of Engagement | |
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| Hiring Directors | |
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| Directors Guild of America (DGA) | |
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| Key Deal Terms In Director Deals | |
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| Conditions Precedent | |
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| Director's Services | |
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| The Pay-or-Play and the Pay-and-Play Issue | |
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| Director's Compensation | |
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| Deferred Compensation | |
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| Director Credit | |
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| Credits on Non-DGA Films | |
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| Approvals, Controls, Final Cut | |
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| Suspension and Termination | |
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| Effect of Suspension | |
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| Effect of Termination | |
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| Director and Producer's Remedies | |
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| Remakes, Sequels, Prequels, and Television Productions | |
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| Works Made for Hire; Waiver of Moral Rights | |
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| Transportation and Expenses | |
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| Publicity Services and Publicity Controls | |
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| Insurance Coverage | |
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| Videocassette, Laserdisc, Videodisc, and 35mm Print | |
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| No Quote Deal/Confidentiality | |
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| Hiring Actors | |
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| The Screen Actors Guild | |
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| The Star Deal | |
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| Deal Terms | |
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| Role | |
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| Compensation | |
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| Start Date | |
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| The Work Period | |
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| Credits | |
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| Perquisites | |
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| Dressing Facility | |
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| Still Approvals | |
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| Likeness Approval | |
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| Merchandising, Soundtrack Album | |
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| Commercial Tie-Ins and Endorsements | |
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| Doubles, Dubbing, Outtokes, Nudity | |
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| Premieres and Previews | |
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| Videocassette, Videodisc/DVD, 35mm Print | |
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| Insurance Matters | |
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| Tax Matters | |
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| Favored Nations | |
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| Hiring Producers and Other Production Personnel | |
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| Producers | |
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| Other Production Personnel | |
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| Casting Directors | |
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| Releases and Miscellaneous Production Matters | |
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| Film Permits | |
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| Location Agreements | |
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| Releases | |
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| Personal Releases | |
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| Crowds and Background Extras | |
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| Prop Releases | |
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| Using Clips | |
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| Working With Animals | |
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| Music in Film | |
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| Licensed Music | |
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| Composers | |
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| Music Income | |
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| Other Composer Issues | |
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| Theme Music | |
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| Music Supervisors | |
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| Soundtrack Albums | |
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| Selling Your Completed Independent Feature | |
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| Film Festivals | |
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| Industry Screenings: For Connoisseurs Only | |
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| Distributor Screenings: Assembling the Troops | |
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| Selective Private Screenings: What Distributors Do Alone in the Dark | |
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| Recruited Audience Screenings: Do Your Research | |
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| Sending DVDs to Distributors and Sales Agents | |
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| Publicity and Marketing: From Teaser to Pleaser | |
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| Making the Deal: Read the Fine Print | |
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| Administering the Deal: The Best Execution You Will Ever Attend | |
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| Distribution, Sales Agency, and Licensing Agreements | |
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| Key Terms in Domestic Distribution Agreements | |
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| Picture Specifications | |
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| Presentation, Company Credits | |
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| Advance | |
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| Bonuses | |
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| Rights Granted | |
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| Reserved Rights | |
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| Security Interest | |
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| Term | |
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| Territory | |
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| Prints and Advertising | |
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| Delivery | |
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| Assumption of Producer's Obligations | |
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| Gross Participation | |
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| Participation After Deduction of Distribution Fees | |
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| Distribution Expenses | |
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| Sums Payable to Producer | |
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| Access to Materials | |
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| Collection Account | |
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| Consultation/Approval Rights | |
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| Cutting Rights | |
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| Premieres/Festivals | |
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| Accounting | |
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| Additional Terms | |
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| International Territorial Licensing Agreements | |
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| Delivery | |
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| Essentials | |
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| Delivery Schedule issues | |
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| Made for Television | |
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| Digital Promotion, Marketing, and Distribution | |
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| The Long Tail | |
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| The Official Website | |
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| Blogs | |
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| Social Networking | |
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| Viral Marketing | |
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| Movie Websites | |
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| Search Engines | |
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| Building Awareness Before Your Project Is Produced | |
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| Grassroots Marketing | |
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| Selling and Distributing Your DVD Online | |
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| Digital Distribution | |
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| Developing the Plan and Goals | |
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| Key Issues in Online Distribution | |
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| The Threshold Issue | |
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| The Grant of Rights | |
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| Exclusivity | |
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| Territory | |
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| Licensing Period | |
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| Advertising and Promotion | |
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| License Fee/Payment Terms/Audit | |
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| Cross-Links | |
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| Delivery of Materials | |
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| Piracy/Unauthorized Playback and Duplication | |
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| The Protection of Intellectual Property | |
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| Residuals and Contingent Payments | |
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| Breach/Injunction | |
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| Representations, Warranties and Indemnities | |
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| No Sales Guarantees | |
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| Conclusion | |
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| Profits | |
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| Profit Definitions | |
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| Revenue | |
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| Costs | |
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| Distribution Fees | |
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| Distribution Expenses | |
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| Financing Costs | |
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| Production Costs | |
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| Third-Party Profits | |
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| Typical Splits of Profits | |
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| Profits on Independent Pictures | |
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| The Last Scene and Closing Credits | |
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| Index | |