Larry Zerner
@Zernerlaw
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Copyright Trademark & Entertainment Attorney. Co-Founder of Cal. Society of Entertainment Lawyers. Former Actor. Working to Protect Talent in Movies TV & Music
Los Angeles
Joined October 2008
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If you're a screenwriter who gets handed a contract, but doesn't have a lawyer, here are some things to keep in mind so you don't get completely screwed over. Bookmark this tweet and save it for when that contract comes through 1/
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You know how they de-aged Harrison Ford in the new Indiana Jones movie? Well, if you are an up-and-coming actor, the producers want to put a clause in your contract that says that they can use your voice and image (aged or de-aged) in as many future movies as they want without
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In other news, Warner Brothers announces that Barbie is still $900 million in the red
Greta Gerwig makes history as the first solo female director to cross $1 billion at the box office.
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Q: I'm producing a low-budget movie and my production designer says I have to cover up all of the logos on the actors' clothes. Is he right?
A: No. It is fine to show trademarks in your movie. This is just something that is done on TV so as not to piss off advertisers
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Screenwriter Tip: If you are selling your script for very little $, because it's a low-budget horror movie, insist on retaining derivative rights. I know a writer who took $2k for a script on a $100k movie. But the contract says that the producer now owns sequel rights 1/
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Horror writers, more than any other genre, have to ensure that when they sell a spec script, they have some protection if a sequel or remake is made, because horror, more than any other genre, can see a low-budget spec, turn into a franchise. 1/
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There have been a lot of strike-related posts about bad residual checks. This is a post about why residuals are so great for actors.
As many of my followers know, before I was a lawyer, I was an actor. I'm most known for playing Shelly, the chubby, hockey-mask-wearing
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I got a call from a screenwriter who submitted a script about a long-dead entertainer (50+ years) and the producers wanted to know if the writer had obtained "life rights" from the estate or whether they were in the "public domain." This is insanity 1/
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How bad is it for people who don't have Union protection?
I just reviewed a contract to purchase a feature for a non-WGA writer. They offered $13,500 for the script and the contract had an arbitration clause that required a three-judge panel and said that all of the arbitration
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SO VICTOR MILLER GOT THE RIGHTS BACK TO THE FRIDAY THE 13TH SCRIPT, BUT ONLY IN THE US AND ONLY TO KID JASON, AND SEAN OWNS ADULT JASON AND ALL FOREIGN RIGHTS AND THEY HAVE TO MAKE A DEAL AND THEY CAN'T DECIDE HOW THE MONEY SHOULD BE SPLIT UP!
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Just a reminder that in 28 days (on Jan 1) everything first published in the U.S. in 1923 will enter the public domain. These will be the first works entering into the PD in 20 years.
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This case has an important lesson for screenwriters. McLeod's deal for Copshop was 2.5% of the budget (floor of $75k/ceiling of $125k). When he made the deal, the projected budget was between $3-10 million. When Gerard Butler was cast, the budget zoomed to $43 million 1/
'Copshop' Screenwriter's Lawsuit Against Managers Over Pay Tossed by Judge
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A client just sent me an option agreement for their script that had an extremely low purchase price because it was a "very low budget movie." Here's the thing, maybe the budget will remain very low. Or maybe some big actor attaches themself to the script and now the budget is
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➡️Register your script with the Copyright Office (not the WGA!) before you send it out. This is the only way to protect your script. The WGA script registry is just a waste of your money. 6/
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Here's my longish post on my take on what's going on with the Friday the 13th rights. A lot of this is just guesswork on my part based on my knowledge of the parties and the rights, so take everything with a large grain of salt 1/
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CNN posted a timely story on what's going on with the battle over the Friday the 13th rights and interviewed your favorite(?) lawyer/slasher victim. Give it a gander.
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It's 4 pm and I still don't see a cert petition filed with the Supreme Court in the Friday the 13th case. What does this mean? Well, it means the case is officially over and Victor Miller owns the rights to his screenplay in F13 (but only in the US). 1/
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➡️If you can possibly do so, have a lawyer look at the agreement, but if not, don't be afraid to walk away. Saying "no" is the only power you have when negotiating a deal, so don't be afraid to use it.
If you want to add other things to this thread, please do so. End/
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If you write a script on spec and then are lucky enough to sell it (after the strike ends), don't let the buyer include a "work-for-hire" clause in the contract. You are assigning the script to them, but it is not WFH.
The difference is that for non-WFH, you can terminate the
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As a lawyer who has done deals for writers, who aren't in the unions, I see how producers will try to push them around and make requests that could never be made of a union performer. Here are just a few of the hard-fought benefits WGA members have obtained through collective
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I've gotten a lot of new followers lately (thank you very much). If you don't know much about me, two of my greatest (?) achievements as a lawyer are that I represented a guy for making full-scale batmobiles and that I was (briefly) Harley Quinn's lawyer (that's DC canon).
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➡️Your 1st contract will probably be an option/purchase contract. That means the producer will have an exclusive period ("the option period) to purchase your script. My first rule is: The less money they pay you for the option, the shorter the option period 1/
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I got a hold of the new Friday the 13th lawsuit and can give you a little more information. The Plaintiffs are Sean S. Cunningham Films, Ltd. and Horror, Inc. The Defendants are Warner Bros., Paramount & New Line. 1/
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➡️If they are paying you a very small amount for your script, don't agree to give them sequel/remake rights or other rights (e.g., book rights, live stage rights). If they want those rights, make them pay for them separately. 7/
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Just a heads up. Tomorrow (12/29} is the last day for Horror Inc to file a cert petition to the Supreme Court in the Friday the 13th case. If it happens, I'll let you know
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The lawsuit only affects NEW movies, games, products. It does not stop the release or distribution of any of the previously released movies
Hey
@Zernerlaw
can you answer a question for us? How is it they are able to release all this sweet Friday the 13th merch and collections while the case is still in court. Any chance that it gets shut down because of it?
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But if someone is spending $5 million to turn your script into a movie, they can easily pay you $150,000 in the budget.
➡️Don't agree to a work-for-hire clause if it's a spec script. You can't ever terminate the transfer if the contract says it was a work-for-hire. 5/
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The producer will tell you that the typical option period is 12-18 months. Yeah, well the typical producer pays for the option (WGA minimum for an option is 10% of the purchase price). As this producer is paying $0 or close to it, limit the option period to 3-6 months 2/
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I have no inside knowledge of the status of a new Friday the 13th movie. But based on all the recent signals, I'm predicting that we will get a major announcement very soon
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➡️Include a clause that says that if they buy the script but don't make a movie within a set period of time (3-5 years), you can get the rights back by paying them back the money they paid you. You never know when someone else might want your script. 8/
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If the producer doesn't like it, tell them they can always pay you for a longer time, but you don't want to tie your script up for 18 months with a producer who is no longer actively trying to set up your script. 3/
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➡️How much should the purchase price be? Well, that depends strongly on what the budget is. A good rule of thumb is that the script fee is between 2.5-5% of the total budget. As the budget goes up, your % goes down. 4/
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The 2nd Circuit is issuing rulings for cases argued last February so there is a very good chance that the decision in the
#Fridaythe13th
case (Horror, Inc. v. Miller) will come down in the next 30 days. Keep following and I'll let you know as soon as it posts
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➡️Make sure that the contract says that you will get a screenplay credit. Since this isn't a WGA deal, there is no WGA arbitration to turn to if there is a credit dispute. Just insist on the credit since you are the original writer. 11/
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I'm back from my walk and I've read the 2nd Cir.'s decision in the Friday the 13th case. Here are my thoughts.
First, no real surprise here. The 2nd Cir. upheld the decision of the trial court that when Victor Miller wrote the F13 screenplay 1/
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➡️Make sure that the contract contains an attorney's fees provision. If they don't pay you, and you have to sue, you need that expressly stated in the contract in order to get your attorney's fees (USA only). 9/
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If you are non-WGA and selling your script for what is expected to be a low-budget movie, try to add to the contract a clause that if the budget climbs over a certain amount ($3-5 million), the producers will go WGA. It's a long shot, but I've seen it work.
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We can only cross our fingers and hope. If you want to read the decision, here's a link. . And here's a pictures of my dogs (just because). End.
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➡️Try to get some net profits in the deal. This is really too complicated to deal with in a Tweet, but have the agreement say that your net profit definition is on a "most favored nations" basis with other talent (actors, director). That will give you some protection 10/
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If you're selling a spec, put a clause in the contract that you have 1st opportunity to write any sequel or remake, and if they don't use you, they still must pay you 50% of what you got in the original deal. That gives the producer an incentive to hire you again 2/
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An up-and-coming writer asked me when he should hire an attorney. The glib answer is "everytime you sign a contract." But, lawyers are expensive and when you're just starting out, may not always be totally necessary. Here are my thoughts. 1/
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Well, it was my card first.
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A little legal info on the TV deal (Reminder: I don't represent Victor Miller or Horror, Inc.). The TV show is being produced by both Victor AND Horror, Inc. Do you see in the article where it says that Victor and Rob Barsamian will exec. produce. Rob IS Horror Inc. (not Sean)
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There are internet reports that a new Friday the 13th movie is in development. As far as I can tell, this is just clickbait and there is no truth these stories. The case has not settled yet and the 2nd Cir. has yet to issue an opinion. Keep following for updates.
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and, if they don't, you still get some money. You don't want a situation where the producer is making money off your IP and you're out in the cold.
P.S. This works for any genre, but horror especially.
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So, if you wrote a script about real people and a producer tells you that you need to get their "life rights" in order to make the movie, tell them they don't know what they're talking about (and then give me a call). End.
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LPT for low-budget filmmakers: Don't brag to buyers about how little the film cost:
1) They will use this info to lowball you on a purchase price.
2) It only cost so little because you and your crew were working for little or no pay. Make them pay the full value for the film
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For those of you who like the Friday the 13th lawsuit, now
@RealCliveBarker
has sued for a declaratory judgment that he can terminate his 1986 transfer and get back his rights to the "Hellraiser" franchise.
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Note to writers. WGA members are entitled to retain dramatic stage rights under the Separated Rights provision of the MBA. If you're not in the WGA, and selling an original script, try to retain these rights. You never know when someone may turn your film into a live show.
'Paranormal Activity' Stage Play in the Works (Exclusive)
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Mark Your Calendar! The 2nd Circuit has scheduled oral arguments in Horror Inc. v. Miller (the Friday the 13th case) for February 13 at 10:00 AM. Each side will have 12 minutes to argue.
I will provide analysis as soon as the Court posts the recording of the hearing
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Before you sign with a distributor, make sure to take some time to check them out. Contact the filmmakers for their other releases and see what they have to say about them. Are they getting paid? Did the distributor do what was promised? A contract can only do so much.
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You don't need someone's "life rights" to make a movie about them (this goes double for dead people.) This was decided 40+ years ago in Guglielmi v. Spelling-Goldberg Productions. In that case, Rudolph Valentino's nephew sued over a TV movie about the famous actor 2/
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So no new F13 movie can be made until the parties can reach a deal over how to split the money from any new movie. Hopefully, after 5 years, someone will lock Cunningham, Miller, and their lawyers into a room (Saw style) and tell them they can't come out without a deal 7/
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I'm seeing screenwriters tweeting they registered with Copyright Office & WGA (or, god forbid, only at the WGA). Remember, the WGA registration is 100% useless and unnecessary. Save yourself the $20 and only register at
@CopyrightOffice
and you'll be fine.
#ScreenwritingTwitter
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If you're making a movie about a real person, and someone asks you whether you have gotten permission from that person to portray them in the film, just pull out this quote from Olivia De Havilland's lawsuit against FX Networks for portraying her in Feud. 1/3
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For all those people in my mentions who keep saying that Paramount, not New Line, owns the trademark to Friday the 13th 👇👇👇
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Update in Horror, Inc. v. Miller (
#Fridaythe13th
case). The 2nd Circuit Court of Appeals has proposed oral arguments for the week of February 10th, 2020.
This means there will probably be a decision by June 2020.
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My Twitter feed is full of people asking me if the release of a new Part 7 by
@NECA_TOYS
means the Friday the 13th lawsuit was over and the parties settled. As far as I know, the answer is that the parties have not settled yet. 1/
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Hopefully, we'll hear some good news in the future. In the meantime, this Friday is Sean's 80th birthday! So, everyone please wish Sean a very happy birthday (no trolling) and we will see what 2022 brings. Happy New Year everyone!
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The 6% Rotten Tomatoes score for the killer Winnie-The-Pooh movie is a good reminder that just because a valuable IP falls into the public domain doesn't mean that anyone can just exploit it and make money. You still have to make a good product.
Early reviews are in for Winnie-the-Pooh: Blood and Honey - currently it's
#Rotten
at 6% on the
#Tomatometer
, with 17 reviews:
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If you're a screenwriter and your manager is also a "producer" on the film you just sold, it's important make sure that their producer payment isn't coming out of your pocket
‘Copshop’ Screenwriter Sues Zero Gravity Management For Breach of Contract
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Me: Posting updates on the Friday the 13th Case
Random Twitter User the Next Day: "Hey Larry, what's going on with the Friday the 13th case?
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I'm currently walking my dogs, but we'll have a full report as soon as I get back home
JUST IN: “Friday the 13th” screenwriter wins copyright termination appeal against producer. Full story to come. Here’s background:
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Here's a quick legal story about the dangers of being too smart for your own good.
I was suing this film distributor for copyright infringement for continuing to distribute my client's films after the contract term ended. This guy was quite a piece of work, and his first
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Nailed it.
Horse shit. Either he is lying right out of his mouth or someone is lying to him. A) Horror is the best thing the box office currently has going, B) You don't NEED a big budget for a Friday the 13th movie and C) Everyone knows a new movie would do crazy numbers. What is going on?
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There's been a little bit of activity in Horror, Inc. v. Miller (the Friday the 13th case).
On June 4th, Horror Inc.'s lawyer mailed a letter to the Court of Appeals, arguing that there was a new case recently decided which could have bearing on the case 1/
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This lawsuit filed against Mariah Carey is just garbage. The songs sound nothing alike and you can't protect the title of a song. The complaint doesn't even allege that the two songs sound alike.
Link to Complaint:
Mariah Carey is being sued for copyright infringement over her famous song 'All I Want For Christmas is You.'
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Oral arguments in Horror Inc. v. Miller (the
#Fridaythe13th
case) start right now! I will post my thoughts here as soon as the 2nd Circuit uploads the audio to their website (which may not be until tomorrow)
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For the 1000th time, it's not illegal to portray someone in a movie or series without their permission (as long as it's not defamatory) (see, e.g., Pam & Tommy, Winning Time, We Crashed, The Dropout, etc.)
Sofia Vergara and Netflix are being taken to court by Griselda Blanco's kids.
Exclusive details 👉
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I've received a lot of questions about Paramount announcing a new Friday the 13th box set and how that is possible with the lawsuit. The answer is that the lawsuit only applies to new works (sequels, remakes, games, game levels) and not to the existing movies at all.
#StaySafe
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On July 1, 2000, I left my old law firm and opened Zernerlaw. I was a little scared and not sure what the future held. 23 years later I am proud to say that I have the privilege of representing some of the nicest and most creative people in the entertainment industry. Thank
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I have a Friday the 13th joke, but I can’t tell it until the f@#! lawsuit ends.
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A few years ago, I got a call from a semi-famous person. They were making a movie about a seminal event in his life without his permission and he wanted to know if he could sue to stop the film. 1/
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When will the 2nd Circuit issue their ruling in Horror Inc. v. Victor Miller (The Friday the 13th case)? Who knows?
But if they have a sense of timing, then possibly Friday, November 13th.
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He took my advice, made a deal as a consultant for the movie, and was heavily involved in the marketing for the movie, which only helped him in the long run. The moral is that suing is not always the answer and sometimes a deal can be made which is a win/win for all. End.
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I not only represent talent in the Entertainment industry, I'm also a 40+ year
@sagaftra
member ready to fight for a better deal. I've seen first hand how the studios will screw over talent if given half a chance. Let's do this.
#SAGAFTRAstrong
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You just want to avoid falling into McLeod's situation, where they're making a decently budgeted movie, but still paying you as if it's a low-budget movie. One more reason it helps to have a lawyer on the deal who can help you avoid this (although McLeod did have a lawyer) End/
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Seriously, I couldn't think of a better person to help Sean & Victor resolve their dispute then Master of Horror
@StephenKing
. C'mon Steve, make 'em see the error of their ways.
Just thinking about the legal thicket one would have to go through to get permissions makes my head ache. And my heart, that too. But gosh, shouldn't someone tell Jason's side of the story?
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There’s a new Friday the 13th lawsuit. Now, Sean Cunningham is suing Warner Bros. & Paramount over lost profits. I’ll look it over and have a breakdown later today.
via
@thr
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Can Victor and Sean just each make their own separate movies? Not really, because Victor only owns US rights and only to the first script and Sean owns adult, hockey mask-wearing Jason but can't legally use him in a movie without Victor's permission. It's complicated. 4/
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If you're feeling down about the recent developments in the Friday the 13th case, with "Halloween" breaking box office records this weekend, I'm very optimistic that the parties will agree that it is in everyone's best interest to make a deal and get a new F13 movie going ASAP
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If the court isn't going to throw a bone to 103-year-old legend, you know that this is good law and one doesn't need to acquire life rights. If Ryan Murphy can make a whole mini-series about lawyers (People v. O.J. Simpson) without getting any of their rights, you'll be fine. 6/
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For those of you who are at all sympathetic to Marvel in the battle with heirs of the original writers, here’s why you shouldn’t be.
Prior to 1978, when all of these comic books were first created, copyright protection only lasted 56 years. 1/
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Oral arguments were held in the Friday the 13th case on 2/13/20. In the past few weeks, the 2nd Cir. has released opinions from cases argued in Feb. 2020, but also cases argued in Sept. 2019. So, we could get a decision in a few weeks or in a few months. ¯Who knows
\_(ツ)_/¯
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The nephew claimed that the movie falsely portrayed Valentino's life and violated his right to publicity. The Court threw out the case, stating that the First Amendment absolutely protects the rights of filmmakers to make films about real people. 3/
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The court ruled against McLeod, stating that he couldn't prove that he should have earned more money just because the budget went up. But the real lesson here is to make sure that any ceiling in your deal considers what happens if the budget jumps considerably. 3/
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Great question. The answer is that you can't copyright possible movie names. You can get a trademark, but only if there is a series of movies with the same title. Having different animal names preceded by "Cocaine" would not be protectable.
This has to be one of the biggest studio blunders ever. How the FUCK did Universal not copyright Cocaine Shark, Wolf, Snake, Moose, Zebra, Giraffe, and every other animal under the sun? Holy crap.
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Thread: With the announcement by
@Friday13thGame
that they won't be adding new content to the game because of the ongoing lawsuit between Sean Cunningham and Victor Miller, I've seen a lot of people dragging Victor online as if this is his fault. It's not. 1/
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You don't want to be the writer who ends up getting shafted, while the franchise keeps going strong.I understand not being able to afford a lawyer on a deal like this. But stand up for yourself, and make sure that if the film is a hit, 3/
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Time will tell how things will work out. I just hope that everyone can get this together and we can get new movies with Jason in the near future. We've all be waiting a long time. /End
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That means the producer can make endless sequels without paying the writer any additional money. Many low-budget horror movies ended up having numerous sequels (e.g., Paranormal Activity, Blair Witch, etc.). 2/
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But you can usually get a ceiling of $300,000 to $500,000 without too much of a fight. Or agree that the writer gets 2.5% of the budget up to a certain amount but a lesser percentage as the budget climbs (e.g., "2.5% up to $10 million, 1.25% thereafter). 5/
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TIL that Universal Hollywood rents out the Bates Motel and Psycho House for parties and now I'm upset I didn't win that $1 Billion Lottery.
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Hey, while I have everyone's attention reading about the Friday the 13th case, just a reminder that I'm happy to be YOUR lawyer if you need one in the field of entertainment, copyright or trademark law. Just visit my website for all my details.
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The best part of being a lawyer is being able to represent amazing clients and seeing them put out tremendous work. Congratulations to
@RebekahMcKendry
and
@DavidIMcKendry
on the huge success of Glorious, now streaming on
@Shudder
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@KristyBeverly
But you do have the right to use them. People have just been wasting time covering up logos for no reason.
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This is also true for screenwriters. Don't be afraid to put products in your screenplay if you think it helps show character ("She's dressed in Gucci," "He's driving a Porsche 911."). When the movie is made, the producer can decide whether to stay with these choices.
Q: I'm producing a low-budget movie and my production designer says I have to cover up all of the logos on the actors' clothes. Is he right?
A: No. It is fine to show trademarks in your movie. This is just something that is done on TV so as not to piss off advertisers
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For those of you wondering about what's next in the
#FridayThe13th
lawsuit (Horror v. Miller), Sean has until October 31 (irony alert) to file a Notice of Appeal. If no Notice is filed, then they made a deal. If not, the fight continues (for now).
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