Legal Workshops for Filmmakers:Reality TV Law 101

Presented by:

Deborah Gonzalez, Esq.

2

This presentation is for educational purposes only and does not constitute legal advice. It is recommended that you seek legal counsel for specific matters.

DISCLAIMER

Overview

This two-hour session focuses on legal nuances of reality TV shows – from idea submission and pitching agreements to participant waivers and contingency agreements, as well as digital streaming and social media legal concerns, the FCC, crisis management, and more.

A genre of television programming that documents unscripted

situations and actual occurrences, and often features a previously

unknown cast.

What is a Reality TV show?

Television programs in which real people are continuously filmed,

designed to be entertaining rather than informative.

What is a Reality TV show?

Highlights: Personal drama and high conflict Controversy Participant Confessionals Competition Shows Transformation Shows Court TV

What is a Reality TV show?

What is your favorite Reality TV show?

Reality TV is part of our pop culture

Reality TV Statistics

TODAY.com poll of 19,000 people in 2012: Those who watch RTV consider themselves

more extroverted, more neurotic, and have lower self esteem than non-fans.

Makes them feel better about their own lives – not as bad as what they are watching on TV.

Private-watching (secret pleasure)

Who watches Reality TV shows?

Why do they watch?

How do they feel about RTV?

MapsofWorld.comhttp://blog.mapsofworld.com/tag/reality-television-statistics/

Infographic Reference

Players

Television Studios (BBC, Paramount, Warner, Disney)

Production Companies (Muse Entertainment, MPH,GRBTV, Pie Town, Intuitive Ent., Lyons Ent., plus many more )

Broadcast Networks (ABC, CBS, Fox, AMC, FX) Cable/Satellite Networks (Discovery, TLC,

HGTV, Bravo, HBO, Showtime) Distributors (Electus, Oxygen, TLC, UPN, Rive

Gauch)

Players

Streaming Networks (Netflix, Hulu, Amazon Prime)

On Demand/Pay Per View DVD Rentals (Red Box) Online (YouTube, Facebook, etc.) High Definition – HDTV 3-D TV

Creators Directors Producers Screen writers

Showrunners Actors (Managers, Agents, etc.)

Cross-Overs Casting Directors Music/Art Directors/Supervisors

Players

Editors/Directors: Really unscripted?

Frankenbiting – taking footage and conversations out of context

Obnoxious for popularity – playing for the cameras & the audience

Creating Conlfict Dressing it up (make-overs)

Players

Formats $$

First Run Pilots Syndication/Re-runs Network Affiliation Agreements Market = Advertising Dollars $$

Copyrights

What is copyright?

Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

US Copyright Office: Circular 44 Cartoons and Comic Strips http://www.copyright.gov/circs/circ44.pdf

Copyrights

Bundle of Rights

Right to Reproduce the Work Right to Derivative Works Right to Distribution Public Display Right Public Performance Right

Copyrights

Idea Submissions

Two types of cases: Circumstances that must exist in order for a

contract or confidential relationship to exist between the person who submits the idea and the person to whom it is submitted to.

Once that relationship is found, the characteristics of an idea must have in order to be protected.

Summary of CA Law

Copyright vs Idea Submission Article (1998)http://www.kgmslaw.com/kulikart2.htmlList of elements:

There must be an idea The idea must be offered for sale The person receiving the idea must reasonably

understand that P expects to be compensated if his idea is used

The D must have actually used the idea No independent creation

Ghost Hunters

Montz v Pilgrim Films & Television, Inc. 2011 US Ap LEXIS 9099 (9th Cir. May 4, 2011)

Key notes: Pre-emption not a problem; damages can include profit splitting.

Only certain elements of a reality tv show are copyrightable – not the idea.

The Glass House vs. Big Brother

Copycat Shows

Trademarks

Words or symbols used to identify a source in commerce.

In today’s world related to branding/sponsors/advertising.

Infringement occurs if and when customers are confused between the two marks because they are too similar.

Use only with permission unless falls into slim “fair use” exception.

Legal Concerns

Defamation Publicity Rights

Guests Who Just Show Up Duty of Care

Safety & wellbeing of participants, guests, and by-standers

Are producers liable for stupid and dangerous things their participants do – like drive drunk? Negligence

Can you film illegal activities?

Ethical Concerns

Are there any?

Pitching

Idea/Concept Inquiry Letter Pitch

Logline Synopsis Treatment

Pitch Festivals The Great American Pitchfest PitchCon (Napte)

Agreements

Writer’s Guild Basic Agreement Development Agreement

Locks the writer in for a specific amount of time and/or a specific number of series.

Minimum annual payment Provides offices, studio facilities Development Fund Other essential services

Agreements

Creator Agreement/Credit Participant Contract

Locks the writer in for a specific amount of time and/or a specific number of series.

Background checks (foreseeability of trouble) Unconscionable?

Free Will Informed Consent/Decisions

Ratings Game

Within key demographics

Nielsen Company: http://www.nielsen.com/us/en.html http://www.nielsen.com/us/en/measurement/television-measurement.html

Reality TV Stats Reporting:http://www.realitytvworld.com/index/articles/newssection.php?x=%7C%7C2

Insurance

General insurance for theft, damage, injury to cast members

Workers compensation insurance Weather insurance Foreign Insurance Aircraft and water insurance Errors and Omissions insurance for producers

International Markets

Reverse Engineering of Shows- Cultural Adaptation

International Markets

http://www.smithsonianmag.com/arts-culture/Meet-Sesame-Streets-Global-Cast-of-Characters.html?c=y&page=1&navigation=previous#IMAGES

Ancillary Markets

• Home videos/DVD• Soundtracks• Books• Merchandise• Collectibles

FCC

Federal Communications Commission• Communications Act of 1934• Rule-making (ex. Regulates rates)• Licensing• Broadcast Licenses must be renewed

every 5 to 10 years• Cable Systems are not licensed

Indecency

http://www.christianpost.com/news/supreme-court-case-fcc-v-fox-tv-divides-social-conservatives-libertarians-61966/

Resources

Reality TV Reading Listhttp://anhoward.wordpress.com/works-cited/

Reality TV (History & Truth) Inforgraphichttp://blog.mapsofworld.com/tag/reality-television-statistics/

Deborah Gonzalez, Esq.The Law Office of Deborah Gonzalez, Esq., LLCIP: Art, Music, Entertainment, DigitalAtlanta – New Yorkwww.dgonzalezesq.com dgartlaw@att.netTwitter: @dg_iplaw

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