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Role of the Producer Producer obtains financing (own, private equity, hedge funds, tax incentives, product placement, pre-sale of rights, limited subsidies).

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Presentation on theme: "Role of the Producer Producer obtains financing (own, private equity, hedge funds, tax incentives, product placement, pre-sale of rights, limited subsidies)."— Presentation transcript:

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3 Role of the Producer Producer obtains financing (own, private equity, hedge funds, tax incentives, product placement, pre-sale of rights, limited subsidies). Organises locations, insurance, effects, etc. Hires authors, actors, and many others. Obtains necessary clearances, rights and licenses. Takes the principal risk. Producer may assign copyright to a distributor or license a number of companies (e.g., by territory, by language, by category of rights). Producer aims to position film in best competitive position to cover costs, pay everyone, to secure a return and make money to create new works. Films released in different formats in a sequential order (windows) to get maximum return and to attract pre-financing. System recognises that rights are best administered by the entity that must exploit the work in a complicated and changing environment. Producer is the one-stop shop.

4 Converging Legal Treatment In US, producer is © owner of the film. work made for hire + complex contracts with director, writers and actors (collective bargaining). In EU, author is © owner and there are multiple RHs. EU producer acquires exploitation rights via legal transfer and/or contractually. Both systems consolidate rights in the producer Collective bargaining agreements set economic remuneration minima, including residuals, for broad range of uses, detailed provisions on working conditions as well as some moral or creative rights. More can be negotiated individually. Upfront payments and residuals Collective (or compulsory licensing) is limited in the AV sector. Distinguish collective licensing from collective administration of remuneration rights….

5 © The supply of content to the digital platform may implicate © Reproduction, Distribution and Communication to Public Rts. © Uploading and storage of content on the digital platform © Reproduction -- VOD and EST © Offer to the public/transmission to the individual user © making available right © communication to the public (if stream is non-interactive) © EST – permanent download copy – reproduction? © VOD – temporary copy © All these are rights (protected by EU/national law) are generally acquired by producers by law and/or contract © What about national limitations on contractual freedom © Issues may arise with respect to music in film…. © Other issues for another time: exhaustion, DRM, exceptions, interoperability, labelling and classification AV Copyright Online

6 Enforced directly against digital platforms in each Member State regardless of individual or collective contractual arrangements A further layer of collective management. Impact on the general uptake of online distribution of AV works. A vehicle for imposing solutions that risk de-stabilising financing and distribution models No right holder should be forced into collective management save where permitted by intl law (e.g., cable retransmission). Could diminish the value of the right which the producer obtains by operation of law and/or contract. Competition with the free offerings on the Internet is rendered even more difficult. A limitation on an exclusive right is potentially inconsistent with international norms. Concerns about a statutory remuneration right at the EU level for the making available online subject to mandatory collective administration

7 Liam Neeson.... Qui-Gon Jinn Ewan McGregor.... Obi-Wan Kenobi Natalie Portman.... Queen Padmé Amidala Jake Lloyd.... Anakin Skywalker Pernilla August.... Shmi Skywalker Frank Oz.... Yoda (voice) Ian McDiarmid.... Senator Palpatine Oliver Ford Davies.... Gov. Sio Bibble Ray Park.... Darth Maul Hugh Quarshie.... Capt. Panaka Ahmed Best.... Jar Jar Binks (voice) Anthony Daniels.... C-3PO Kenny Baker.... R2-D2 Terence Stamp.... Supreme Chancellor Valorum Brian Blessed.... Boss Nass (voice) Andrew Secombe.... Watto Lewis Macleod.... Sebulba (voice) Steven Spiers.... Capt. Tarpals Silas Carson.... Viceroy Nute Gunray/Ki-Adi-Mundi Ralph Brown.... Ric Olié Celia Imrie.... Fighter Pilot Bravo 5 Benedict Taylor.... Fighter Pilot Bravo 2 Karol Cristina da Silva.... Rabé Clarence Smith.... Fighter Pilot Bravo 3 Samuel L. Jackson.... Mace Windu Dominic West.... Palace guard Liz Wilson.... Eirtaé (as Friday 'Liz' Wilson) Candice Orwell.... Yané Sofia Coppola.... Saché Keira Knightley.... Sabé Bronagh Gallagher.... Radiant VII captain John Fensom.... TC-14 Greg Proops.... Beed (voice) Scott Capurro.... Fode (voice) Margaret Towner.... Jira Dhruv Chanchani.... Kitster Oliver Walpole.... Seek Katie Lucas.... Amee (as Jenna Green) Megan Udall.... Melee Hassani Shapi.... Eeth Koth Gin Clarke.... Adi Gallia (as Gin) Khan Bonfils.... Saesee Tiin Michelle Taylor.... Yarael Poof Michaela Cottrell.... Even Piell Dipika O'Neill Joti.... Depa Billaba Phil Eason.... Yaddle Mark Coulier.... Aks Moe Lindsay Duncan.... TC-14 (voice) Peter Serafinowicz.... Darth Maul (voice) James Taylor.... Rune Haako (voice) Chris Sanders.... Daultay Dofine (voice) Toby Longworth.... Sen. Lott Dodd/Gragra (voice) Marc Silk.... Aks Moe (voice) Amanda Lucas.... Tey How/Diva Funquita (voice) (as Tyger) Produced by George Lucas.... executive producer Rick McCallum.... producer Original Music by John Williams Cinematography by David Tattersall Film Editing by Ben Burtt Paul Martin Smith Casting by Robin Gurland Production Design by Gavin Bocquet Art Direction by Phil Harvey Fred Hole John King Rod McLean Set Decoration by Peter Walpole Costume Design by Trisha Biggar


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