Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
MUSIC FOR YOUR MOVIE: DOs and DON’Ts
Picture this. You are watching a Yoruba ‘epic’ movie. It’s an ancient war scene set in a local village in Ondo State of Nigeria, and suddenly, the voice of Celine Dion breaks out “Gonna stand by your side noooooow, let me kiss all your tears away…”
No, your sister didn’t just put her phone’s music player on the loudspeaker mode. It’s the part of soundtrack of the Yoruba epic movie you are watching. Yeah, yeah, I know it’s not that bad anymore, but I had to get your attention somehow.
Dear people of Nollywood, we are talking movies + music today. Never underestimate the role of a soundtrack in a movie. In fact, in Hollywood and Bollywood, it is not unusual for a movie to have its own soundtrack album, released separately from the movie.
Let’s understand how to properly acquire music for your movie.
At the onset, let’s distinguish between the music on the soundtrack of a movie that has already been produced and the music that is not yet on the soundtrack of a movie. Both are musical pieces that are protected under the Copyright Act. However, they are protected differently. The music on the soundtrack of a movie is protected as part of a cinematograph film, as it is included in its definition in section 39 (1). The music that is yet to be on a movie soundtrack, however, is protected as a musical work. It is this musical work that is sought to be used that we are concerned with here.
To obtain music for your movie, you have two options:
1. Use already existing music that has been sung and recorded.
2. Create fresh and completely original music for your movie.
Or you can take both options.
Existing Music
If you’re using existing music, bear in mind that the musical piece is a protected work under the Act. Section 5 (1) (a) grants the holder of the copyright of a musical work a number of exclusive rights in the work which includes reproduction, publishing, performance, distribution, broadcasting, adaptation, making of a cinematograph film or record in respect of the work, or doing all of the foregoing in relation to the translation or adaptation of the work.
It may be quite tricky to ascertain who owns the copyright in a song. It may have been written and composed by Mr. Lagbaja and recorded by Mrs. Tamedun of One-Nigeria Record Company. If you want to use the lyrics and composition of the song and get your own sister, Nightingale, to sing it, you’ll need to ask Mr. Lagbaja for a license. This license is called a synchronisation license (synch license).
If, however, you want to use the song as sung and recorded by Mrs. Tamedun, you’ll need to get a master use license from One-Nigeria Record Company to use this specific recording, in addition to getting a synch license from Mr. Lagbaja. In Nigeria, however, all this grammar may not be necessary as it is usually the same person that writes a song and records it.
It’s prudent to make certain that neither Mr. Lagbaja nor Mrs. Tamedun has infringed the copyright of another person entirely (a third party) in writing or recording the song, so you’ll not get ‘implicated’.
Whichever license you get, whether it’s a synch license, a master use license, or both, ensure that it gives not just the right to reproduce and use the musical work on your movie but also includes further rights of publishing, performance, distribution, broadcasting, etc. It may also be clever to envisage the possibility of developing a soundtrack album in the future.
Original Music
You may decide to go the route of producing your own fresh music for the movie. This is especially preferable if you are working with a low budget. You could get a good songwriter to write the song, and beg your choir leader to sing it for you. It’s also possible for you to get a song that is already in the public domain (i.e. a song for which the copyright protection has expired), this means no licenses, no royalties.
It’s generally cheaper to get an unpopular singer to record the song for you. However, if you must use a popular musician, you should ensure that he/she is not under an exclusive recording contract with a record company, or else the record company’s permission will be required.
It’s advisable to insist on a contract between you and the person who is writing/singing/recording the music for you which names you as the owner of the copyright in the music. This is because under section 9 of the Copyright Act, this writer and/or singer would be the owner of the musical lyrics and composition or recording, unless such a contract exists. Ensure that it is a work for hire under the contract, that way, the copyright belongs to you.
Any option you choose, don’t forget that you have to do this for every musical work you use.
Tiresome, isn’t it? Getting an entertainment lawyer isn’t such a bad idea, after all.
Thursday, July 29, 2010
BRANDING AND ALL THAT JAZZ
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
BRANDING, AND ALL THAT JAZZ
Entrepreneurship. I find that word fascinating for two reasons. One: it’s challenging to spell correctly. And two: it is a convenient cover-up for those who do not know what they are doing or what they are about, since everyone knows that an entrepreneur may not be successful immediately. Well, we are not discussing how to make a business idea or entrepreneurial venture succeed; we don’t want to put the core business advisors and shrinks out of business. However, we’ll briefly discuss something that could be a crucial element to its success.
Here’s another popular word: Branding. Every Bode, Obinna and Ali is tossing that word about these days, and with good reason too. As with almost everything in life, it could work for you or against you. When you’re starting a business, an important factor to consider is your brand. You may own the brand or you may have to apply for a licence from its rightful owner (we’ll talk about licensing and franchising another time).
In business, a brand is important because it creates an identity for you which can help you to:
• Ensure that your customers, clients, business partners and the general public can distinguish your product/service from others products/services.
• Build a relationship and reputation with the general public and have a competitive advantage (well, if your product/service is good).
• A successful brand is a form of property (intellectual) that can help you to obtain income (through franchising and royalties).
• A good and successful brand is a valuable business asset that helps your credibility and may help you gain investors and obtain financing.
Your brand is a form of your intellectual property. It is as much a property as any other thing you own, and in due time, it could even be more valuable than your real property or other tangible properties. Thus, it is important for you to protect it, so as to get the most out of it. This is especially in a country like Nigeria where everyone wants to copy a successful thing and make it their own.
The best form of protection that you can give your brand is by registering it. Registration gives you the exclusive right to prevent others from trading under the same or a confusingly similar brand.
Branding is related to many areas of law including unfair competition, advertising law and company law. However, the area of law that deals with the registration of a brand for the purposes of protection is a part of intellectual property law called trade marks’ law. In legal parlance, a ‘brand’ is usually referred to as a ‘mark’ (I agree with you that it is not as glamorous).
A mark is a sign that distinguishes goods and services of one person/enterprise/business from those of others. It could be a word, letter, numeral, drawing, picture, shape, colour, label, name, or any combination of any of these. Where it is used on a product or a service, it is generally called a ‘trade mark’ or a ‘service mark’ respectively.
The registration of a mark in Nigeria is governed by the Trade Marks Act. I will not go into the actual process of registration here and now, let it suffice to say that the current process of trade marks registration may be somewhat cumbersome. Thus, it is best to let the strong-hearted lawyers and trade mark agents handle it for you.
I have to briefly mention the doctrine of ‘PASSING-OFF’ by which protection is given to unregistered marks by common law. If some person/entity ‘passes off’ their product or service with a mark that looks like your own or with your name or mark, in a manner sufficient to cause confusion or deception, you are entitled under law to proceed against the person.
The advantage that a registered mark has over an unregistered one is that of proof in the event of infringement. A successful Passing-Off action depends on proof that the mark has accumulated public goodwill over a period of time, and that certain losses have been, is being, or is likely to be incurred by you as a result of the actions of the infringer. This ‘goodwill factor’, which may be difficult to prove, is not compulsory in an action for the infringement of a registered mark.
The remedies for an action for infringement of a registered mark and those of an action for passing off on an unregistered mark are the same viz: injunction, damages, accounts, conversion, delivery up and destruction of the infringing goods.
Well, now, you can’t say you didn’t know all these.
BRANDING, AND ALL THAT JAZZ
Entrepreneurship. I find that word fascinating for two reasons. One: it’s challenging to spell correctly. And two: it is a convenient cover-up for those who do not know what they are doing or what they are about, since everyone knows that an entrepreneur may not be successful immediately. Well, we are not discussing how to make a business idea or entrepreneurial venture succeed; we don’t want to put the core business advisors and shrinks out of business. However, we’ll briefly discuss something that could be a crucial element to its success.
Here’s another popular word: Branding. Every Bode, Obinna and Ali is tossing that word about these days, and with good reason too. As with almost everything in life, it could work for you or against you. When you’re starting a business, an important factor to consider is your brand. You may own the brand or you may have to apply for a licence from its rightful owner (we’ll talk about licensing and franchising another time).
In business, a brand is important because it creates an identity for you which can help you to:
• Ensure that your customers, clients, business partners and the general public can distinguish your product/service from others products/services.
• Build a relationship and reputation with the general public and have a competitive advantage (well, if your product/service is good).
• A successful brand is a form of property (intellectual) that can help you to obtain income (through franchising and royalties).
• A good and successful brand is a valuable business asset that helps your credibility and may help you gain investors and obtain financing.
Your brand is a form of your intellectual property. It is as much a property as any other thing you own, and in due time, it could even be more valuable than your real property or other tangible properties. Thus, it is important for you to protect it, so as to get the most out of it. This is especially in a country like Nigeria where everyone wants to copy a successful thing and make it their own.
The best form of protection that you can give your brand is by registering it. Registration gives you the exclusive right to prevent others from trading under the same or a confusingly similar brand.
Branding is related to many areas of law including unfair competition, advertising law and company law. However, the area of law that deals with the registration of a brand for the purposes of protection is a part of intellectual property law called trade marks’ law. In legal parlance, a ‘brand’ is usually referred to as a ‘mark’ (I agree with you that it is not as glamorous).
A mark is a sign that distinguishes goods and services of one person/enterprise/business from those of others. It could be a word, letter, numeral, drawing, picture, shape, colour, label, name, or any combination of any of these. Where it is used on a product or a service, it is generally called a ‘trade mark’ or a ‘service mark’ respectively.
The registration of a mark in Nigeria is governed by the Trade Marks Act. I will not go into the actual process of registration here and now, let it suffice to say that the current process of trade marks registration may be somewhat cumbersome. Thus, it is best to let the strong-hearted lawyers and trade mark agents handle it for you.
I have to briefly mention the doctrine of ‘PASSING-OFF’ by which protection is given to unregistered marks by common law. If some person/entity ‘passes off’ their product or service with a mark that looks like your own or with your name or mark, in a manner sufficient to cause confusion or deception, you are entitled under law to proceed against the person.
The advantage that a registered mark has over an unregistered one is that of proof in the event of infringement. A successful Passing-Off action depends on proof that the mark has accumulated public goodwill over a period of time, and that certain losses have been, is being, or is likely to be incurred by you as a result of the actions of the infringer. This ‘goodwill factor’, which may be difficult to prove, is not compulsory in an action for the infringement of a registered mark.
The remedies for an action for infringement of a registered mark and those of an action for passing off on an unregistered mark are the same viz: injunction, damages, accounts, conversion, delivery up and destruction of the infringing goods.
Well, now, you can’t say you didn’t know all these.
Tuesday, June 22, 2010
Feather Play
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
FEATHER PLAY
The hard way is the most effective way of learning. However, since I’m nice, I’ll be gentle, but we do have to learn. Let us ruffle some feathers, so we can learn, of course. For the purposes of this bird play, we’ll take a journey on one of those ‘executive’ coaches that ferry people across the country and sometimes outside.
Ever travelled long distance by road in Nigeria in one of those ‘executive’ coaches? There are a lot of reasons not to: the fatigue, the time, the crappy food…but on the good side there’s the extra leg room, added convenience, the movies…. Let’s talk about those movies you watch on the road (or maybe in the air). Now, we won’t be discussing the sensibility of the storyline or the appropriateness of the cast, we will be discussing legality.
Of course, for the purposes of this discussion, we’ll be referring to our beloved Copyright Act. Movies are protected under the Act as cinematograph films. This right is vested in the author of the film, maybe the producer. However, it is possible that a film being viewed in a coach has been licensed to a Pay TV broadcaster, like DSTV or hiTV, and it is from this broadcasting station that the film is copied and shown in buses.
To determine whose copyright has been infringed, it would depend on whether the film is being shown straight from the disc on which it was recorded by the producer, or whether it is being shown from the channel of a broadcast station, where it was part of a broadcast (we are assuming that the broadcast itself is duly licensed). Either way, there is some protection.
By section 5 (1) (c) of the Act, the author of a cinematograph film generally has the exclusive right to control, i.e. to do or authorise the doing of any of the following acts in Nigeria:
a) Make a copy of the film;
b) Cause the film to be seen or heard in public;
c) Make any record embodying the recording in any part of the soundtrack associated with the film by utilising such soundtrack;
d) Distribute to the public, for commercial purposes of the work, by way of rental, lease, hire, loan or similar arrangement.
Similarly, thanks to section 7 of the Act, the copyright in a broadcast is the exclusive right to control the doing in Nigeria of any of the following acts:
a) the recording and re-broadcast of the whole or a substantial part of the broadcast;
b) the communication to the public of the whole or a substantial part of a television broadcast, either in its original form or in any form recognisably derived from the original;
c) the distribution to the public for the commercial purposes, of copies of the work, by way of rental, lease, hire, loan or similar arrangement;
d) the taking of still photographs from the broadcast.
Now are these ‘coaches’ encroaching on some rights? Let’s look at section 14(1) (a) and (c). The import of this section is that It provides that copyright is infringed by any person who without the licence or authorisation of the owner of the copyright:
(a) does, or cause any other person to do an act, the doing of which is controlled by copyright;
(c) exhibits in public any article in respect of which copyright is infringed under paragraph (a) of this subsection.
So, now, you tell me, if these coaches have not been authorised to show these films, will they be infringing some person’s right, prima facie? It’s okay, you won’t be an ‘aiding’ or ‘abetting’ by watching the movies in the coach, so you can tell the truth, at least to yourself. The coach company has probably lost their own copy of your ticket anyway, so no one will be able to trace you.
It would be interesting if the actual copyright owners were to take it up with these guys, but that is not the point here. The issue is that those things that you thought you could do and get away with? Well, people are starting to take notice. For every ‘home video’ you buy, realise it is just what you call it, a home video, not meant for public use or viewing. I believe a warning usually appears on the screen to tell you just that. The fact that the warning is tacky and/or may be filled with typographical errors would not relieve you of liability.
Oh, you are smiling? Afterall, you do not own an executive coach. However, as it happens, this is not limited to buses, planes, bicycles, scooters or anything moves you from point A to B. It applies in a lot of situations: the club or that is busy showing broadcasts from Soundcity and MTV Base; the owner of a restaurant or fast food place that is playing ‘home videos’ or watching Africa Magic during business hours where customers can watch; the ‘beer parlour’ owner who hopes to draw in more customers by showing football matches on TV…
The copyright to these works are owned by people who are slowly but surely getting interested in their investments, and whether you like it or not, the law says they get to dictate how their works are exploited. So, if hiTV says to pay 50,000 for some form of commercial bouquet before you can show their matches or whatever in public, well, tough luck.
You can either get an authorisation from the owner, or you can wait for fifty years after the end of the year in which the film was first published or the broadcast first took place, whatever the case may be, since that is when the protection ends. I personally think it might make more sense to go the first way, though, because if you have to wait for fifty years, instead of the ‘home video’ they expect, your clientele may mistake it for some form of documentary on 'Yesteryears'.
If you must do it, do it right. Really, how hard is that to understand?
FEATHER PLAY
The hard way is the most effective way of learning. However, since I’m nice, I’ll be gentle, but we do have to learn. Let us ruffle some feathers, so we can learn, of course. For the purposes of this bird play, we’ll take a journey on one of those ‘executive’ coaches that ferry people across the country and sometimes outside.
Ever travelled long distance by road in Nigeria in one of those ‘executive’ coaches? There are a lot of reasons not to: the fatigue, the time, the crappy food…but on the good side there’s the extra leg room, added convenience, the movies…. Let’s talk about those movies you watch on the road (or maybe in the air). Now, we won’t be discussing the sensibility of the storyline or the appropriateness of the cast, we will be discussing legality.
Of course, for the purposes of this discussion, we’ll be referring to our beloved Copyright Act. Movies are protected under the Act as cinematograph films. This right is vested in the author of the film, maybe the producer. However, it is possible that a film being viewed in a coach has been licensed to a Pay TV broadcaster, like DSTV or hiTV, and it is from this broadcasting station that the film is copied and shown in buses.
To determine whose copyright has been infringed, it would depend on whether the film is being shown straight from the disc on which it was recorded by the producer, or whether it is being shown from the channel of a broadcast station, where it was part of a broadcast (we are assuming that the broadcast itself is duly licensed). Either way, there is some protection.
By section 5 (1) (c) of the Act, the author of a cinematograph film generally has the exclusive right to control, i.e. to do or authorise the doing of any of the following acts in Nigeria:
a) Make a copy of the film;
b) Cause the film to be seen or heard in public;
c) Make any record embodying the recording in any part of the soundtrack associated with the film by utilising such soundtrack;
d) Distribute to the public, for commercial purposes of the work, by way of rental, lease, hire, loan or similar arrangement.
Similarly, thanks to section 7 of the Act, the copyright in a broadcast is the exclusive right to control the doing in Nigeria of any of the following acts:
a) the recording and re-broadcast of the whole or a substantial part of the broadcast;
b) the communication to the public of the whole or a substantial part of a television broadcast, either in its original form or in any form recognisably derived from the original;
c) the distribution to the public for the commercial purposes, of copies of the work, by way of rental, lease, hire, loan or similar arrangement;
d) the taking of still photographs from the broadcast.
Now are these ‘coaches’ encroaching on some rights? Let’s look at section 14(1) (a) and (c). The import of this section is that It provides that copyright is infringed by any person who without the licence or authorisation of the owner of the copyright:
(a) does, or cause any other person to do an act, the doing of which is controlled by copyright;
(c) exhibits in public any article in respect of which copyright is infringed under paragraph (a) of this subsection.
So, now, you tell me, if these coaches have not been authorised to show these films, will they be infringing some person’s right, prima facie? It’s okay, you won’t be an ‘aiding’ or ‘abetting’ by watching the movies in the coach, so you can tell the truth, at least to yourself. The coach company has probably lost their own copy of your ticket anyway, so no one will be able to trace you.
It would be interesting if the actual copyright owners were to take it up with these guys, but that is not the point here. The issue is that those things that you thought you could do and get away with? Well, people are starting to take notice. For every ‘home video’ you buy, realise it is just what you call it, a home video, not meant for public use or viewing. I believe a warning usually appears on the screen to tell you just that. The fact that the warning is tacky and/or may be filled with typographical errors would not relieve you of liability.
Oh, you are smiling? Afterall, you do not own an executive coach. However, as it happens, this is not limited to buses, planes, bicycles, scooters or anything moves you from point A to B. It applies in a lot of situations: the club or that is busy showing broadcasts from Soundcity and MTV Base; the owner of a restaurant or fast food place that is playing ‘home videos’ or watching Africa Magic during business hours where customers can watch; the ‘beer parlour’ owner who hopes to draw in more customers by showing football matches on TV…
The copyright to these works are owned by people who are slowly but surely getting interested in their investments, and whether you like it or not, the law says they get to dictate how their works are exploited. So, if hiTV says to pay 50,000 for some form of commercial bouquet before you can show their matches or whatever in public, well, tough luck.
You can either get an authorisation from the owner, or you can wait for fifty years after the end of the year in which the film was first published or the broadcast first took place, whatever the case may be, since that is when the protection ends. I personally think it might make more sense to go the first way, though, because if you have to wait for fifty years, instead of the ‘home video’ they expect, your clientele may mistake it for some form of documentary on 'Yesteryears'.
If you must do it, do it right. Really, how hard is that to understand?
Selato vs. CCL
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
SELATO vs. CCL
Meet Selato. She’s a voice-over artiste extraordinaire. She heard that the telecommunications giant, Colossal Communications Limited (CCL), is about to launch a new advertising campaign. So, she hops into the studio and cooks up a wonderful commercial, even though CCL has not asked her to do anything. The beat is catchy, the script is perfect, and the whole commercial could air in less than 40 seconds. Awesome! If you heard it once, you were bound to fall in love with CCL.
After a lot of resilient lobbying, she gets audience before management of CCL. She proposes to sell the commercial to them for big bucks, but they won’t even buy it for small bucks. Licking her wounds, she tries to re-work the commercial for CCL’s rival Virtue Telecoms, but before she can do much, she hears that CCL is about to use a major part of the commercial for their campaign afterall. Now, that’s all good, except, there is no acknowledgment or financial compensation for Selato. In fact, CCL is claiming ownership of the commercial.
As you might have guessed, this is for those people who do things without being asked. No crime there. Afterall, life is a gamble, nothing ventured, nothing gained. However, this venture has turned into a mess where Selato might lose out totally.
Let us help Selato resolve her mess, you and I.
Dear Selato:
Before making trouble at all, let us confirm that you have the right to make trouble. This is a commercial about CCL where CCL was mentioned about a hundred times. However, you created that commercial.
Under the Copyright Act, this commercial can be classified as a ‘sound recording’ which is: the fixation of a sequence of sound capable of being perceived aurally and of being reproduced but does not include a sound track associated with a cinematograph film.
Copyright is vested in the author by section 9 of the same Act. This author is described in section 39 (1) as: the person by whom the arrangements for making of the sound recording were made, unless the parties to the making of the sound recording provide otherwise by contract within themselves’.
The case would have been different if CCL or CCL’s advertising agency had by contract commissioned you, Selato, to prepare the commercial for CCL. Then, they copyright would have been vested in CCL or even the advertising agency.
Now, Selato, you do not need a soothsayer to tell you that, prima facie, you are the author of the work, and you own the copyright. However, before you jump with glee, let us examine the nature of the right you have. No use jumping over something that is not worth a cup of beans.
By the provisions of section 6 of the Act, copyright in a sound recording shall be exclusive right to control in Nigeria:
a) the direct or indirect reproduction, broadcasting or communication to the public of the whole or a substantial part of the recording either in its original form or in any form recognisably derived from the original;
b) the distribution to the public for commercial purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement.
As we see it, Selato, you have two options, really. You can leave CCL in the hands of God. Or you can use your God given brains.
You can get an interim injunction to stop CCL from airing the commercial. There’s no avoiding it, even though you may hate the word C-O-U-R-T. If it’s any consolation, a number of us hate that word, but we do what we have to do. The injunction is probably the only thing the big boys and shot-callers of CCL will respect. Even your lawyer may be denied audience when you want to calmly talk it over. Put the lawyer to better use and get an injunction. Simply put, this injunction is a temporary order of court which commands a person to do an act or to refrain from doing an act. In this case it will be to restrain CCL from airing the contentious commercial. Unfortunately, not only is it at the discretion of the court, it is not conclusive; the key word here is temporary. It has a short life span, which could be like 2 weeks, so this means that you shouldn’t do the victory dance yet.
Now, although it has been explained earlier, you own the copyright. However, since CCL may want to claim ownership or make some trouble of its own, you can apply to the court for a declaratory judgment (I did mention that this wasn’t over). This is a decision of the court for the determination of a controversy on law or rights. Here, the court will examine the situation and the relevant law and make a declaration as to who owns the copyright.
It is possible that while the declaratory judgment proceedings are still on, CCL will try to air the commercial as soon as the currency of the interim injunction is over. They are not likely to play fair, and neither should you. This is where you’ll bring in another type of injunction called the interlocutory injunction. Now, it has a longer life-span and will indeed last till the end of the court proceedings for the declaratory judgment. Its effect would be to stop CCL from airing the commercial.
The interesting thing about a declaratory judgment is that it does not necessarily grant you any executory relief, i.e., it is not an order to stop CCL from airing the commercial or to command CCL to pay you compensation. It only declares what is already obvious, that the copyright belongs to you.
The practical thing to do once you get your declaration is to wait. If CCL does not use the commercial anymore, that is good. You may still be able to get Virtue Telecoms to play ball.
However, it is very likely that CCL may still go on and air the commercial anyway, declaratory judgment or not. They are business men; they will weigh the profits the company will make from airing the commercial against the damages and compensation they will have to pay as a result of using the song without permission. It is very possible that the former will outweigh the latter.
It’s time to be practical, so you don’t end up fighting against a giant who has more means than you for protracted court litigation. You can claim compensation from CCL then. They would have used something which has been provided by statute and declared by the court as your work, of which you own the copyright. The issue of proof will be a lot easier than when you are trying to prove that they WILL or MAY use it. This will be a more straightforward and easily proven case of infringement. And if by now, you’ve caught the litigation fever, you would still have a better case in court than if CCL had not used your work.
However, please note that if CCL does not use the commercial, you have to ensure that any mention of or reference to CCL is totally removed from it, whether or not it is sold to another buyer.
Selato, it is possible that you do not like all this litigation business at all, but tough luck. Next time, try to keep from things you have not been asked to do. If you must, let the advertising agency or the company hear just a little portion of the commercial you have prepared and if they are interested in listening to the whole package, get them to sign a contract that will ensure that you get acknowledgment and compensation if they decide to use your work.
If you have not done that already, please pay special attention to the disclaimer above, individual circumstances can be trusted to differ greatly.
SELATO vs. CCL
Meet Selato. She’s a voice-over artiste extraordinaire. She heard that the telecommunications giant, Colossal Communications Limited (CCL), is about to launch a new advertising campaign. So, she hops into the studio and cooks up a wonderful commercial, even though CCL has not asked her to do anything. The beat is catchy, the script is perfect, and the whole commercial could air in less than 40 seconds. Awesome! If you heard it once, you were bound to fall in love with CCL.
After a lot of resilient lobbying, she gets audience before management of CCL. She proposes to sell the commercial to them for big bucks, but they won’t even buy it for small bucks. Licking her wounds, she tries to re-work the commercial for CCL’s rival Virtue Telecoms, but before she can do much, she hears that CCL is about to use a major part of the commercial for their campaign afterall. Now, that’s all good, except, there is no acknowledgment or financial compensation for Selato. In fact, CCL is claiming ownership of the commercial.
As you might have guessed, this is for those people who do things without being asked. No crime there. Afterall, life is a gamble, nothing ventured, nothing gained. However, this venture has turned into a mess where Selato might lose out totally.
Let us help Selato resolve her mess, you and I.
Dear Selato:
Before making trouble at all, let us confirm that you have the right to make trouble. This is a commercial about CCL where CCL was mentioned about a hundred times. However, you created that commercial.
Under the Copyright Act, this commercial can be classified as a ‘sound recording’ which is: the fixation of a sequence of sound capable of being perceived aurally and of being reproduced but does not include a sound track associated with a cinematograph film.
Copyright is vested in the author by section 9 of the same Act. This author is described in section 39 (1) as: the person by whom the arrangements for making of the sound recording were made, unless the parties to the making of the sound recording provide otherwise by contract within themselves’.
The case would have been different if CCL or CCL’s advertising agency had by contract commissioned you, Selato, to prepare the commercial for CCL. Then, they copyright would have been vested in CCL or even the advertising agency.
Now, Selato, you do not need a soothsayer to tell you that, prima facie, you are the author of the work, and you own the copyright. However, before you jump with glee, let us examine the nature of the right you have. No use jumping over something that is not worth a cup of beans.
By the provisions of section 6 of the Act, copyright in a sound recording shall be exclusive right to control in Nigeria:
a) the direct or indirect reproduction, broadcasting or communication to the public of the whole or a substantial part of the recording either in its original form or in any form recognisably derived from the original;
b) the distribution to the public for commercial purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement.
As we see it, Selato, you have two options, really. You can leave CCL in the hands of God. Or you can use your God given brains.
You can get an interim injunction to stop CCL from airing the commercial. There’s no avoiding it, even though you may hate the word C-O-U-R-T. If it’s any consolation, a number of us hate that word, but we do what we have to do. The injunction is probably the only thing the big boys and shot-callers of CCL will respect. Even your lawyer may be denied audience when you want to calmly talk it over. Put the lawyer to better use and get an injunction. Simply put, this injunction is a temporary order of court which commands a person to do an act or to refrain from doing an act. In this case it will be to restrain CCL from airing the contentious commercial. Unfortunately, not only is it at the discretion of the court, it is not conclusive; the key word here is temporary. It has a short life span, which could be like 2 weeks, so this means that you shouldn’t do the victory dance yet.
Now, although it has been explained earlier, you own the copyright. However, since CCL may want to claim ownership or make some trouble of its own, you can apply to the court for a declaratory judgment (I did mention that this wasn’t over). This is a decision of the court for the determination of a controversy on law or rights. Here, the court will examine the situation and the relevant law and make a declaration as to who owns the copyright.
It is possible that while the declaratory judgment proceedings are still on, CCL will try to air the commercial as soon as the currency of the interim injunction is over. They are not likely to play fair, and neither should you. This is where you’ll bring in another type of injunction called the interlocutory injunction. Now, it has a longer life-span and will indeed last till the end of the court proceedings for the declaratory judgment. Its effect would be to stop CCL from airing the commercial.
The interesting thing about a declaratory judgment is that it does not necessarily grant you any executory relief, i.e., it is not an order to stop CCL from airing the commercial or to command CCL to pay you compensation. It only declares what is already obvious, that the copyright belongs to you.
The practical thing to do once you get your declaration is to wait. If CCL does not use the commercial anymore, that is good. You may still be able to get Virtue Telecoms to play ball.
However, it is very likely that CCL may still go on and air the commercial anyway, declaratory judgment or not. They are business men; they will weigh the profits the company will make from airing the commercial against the damages and compensation they will have to pay as a result of using the song without permission. It is very possible that the former will outweigh the latter.
It’s time to be practical, so you don’t end up fighting against a giant who has more means than you for protracted court litigation. You can claim compensation from CCL then. They would have used something which has been provided by statute and declared by the court as your work, of which you own the copyright. The issue of proof will be a lot easier than when you are trying to prove that they WILL or MAY use it. This will be a more straightforward and easily proven case of infringement. And if by now, you’ve caught the litigation fever, you would still have a better case in court than if CCL had not used your work.
However, please note that if CCL does not use the commercial, you have to ensure that any mention of or reference to CCL is totally removed from it, whether or not it is sold to another buyer.
Selato, it is possible that you do not like all this litigation business at all, but tough luck. Next time, try to keep from things you have not been asked to do. If you must, let the advertising agency or the company hear just a little portion of the commercial you have prepared and if they are interested in listening to the whole package, get them to sign a contract that will ensure that you get acknowledgment and compensation if they decide to use your work.
If you have not done that already, please pay special attention to the disclaimer above, individual circumstances can be trusted to differ greatly.
Thursday, May 27, 2010
Music and Business 101
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
MUSIC AND BUSINESS 101
One word of self defence: I am not a prophet of doom, clanging bells and warning you of impending dangers. Well, maybe I am. On the Nigerian entertainment scene, things have been taken for granted for far too long, but thankfully, stakeholders are either sitting up or the economic dip has taken a position on their favourite seats and they are standing up to attention.
This is Making Your Music Business Work 101. Because IT IS A BUSINESS. No sense spending all your good hours making music and going to bed hungry. Yes, music could be the food of love, but it may not work for your stomach. When you’re hungry, there’s the likelihood that good music turns to bad noise.
The Nigerian music scene is quite peculiar. There are not so many standard record labels around. When I say record labels here, I’m not talking about the ones carelessly formed by the artistes themselves; those are all over the place. I’m talking about the standard record label: Artiste and Repertoire, Business and Accounting, Artiste Development, Legal, Art and Graphics, Promotion, Publicity, Marketing, Sales, all the works.
I acknowledge that getting a record label that really understands the business would go a long way; however, this is for those who do not belong to such a label. You must still learn how to make your music business work for you and other stakeholders.
Chances are certain parties are involved:
• You
• Other group members
• Marketers/Distributors
• Your dear Uncle Kayode that loaned you some money (or some other sponsor)
• Your Manager (well, where’s the swagger without a manager, even if it’s your kid brother)
• A media and publicity company (if you are lucky or trouble-prone).
Now, whether you know it or not, admit it or not, everyone listed above (and maybe even more) has a stake in your music career, so sit up, this is business, and you are not in Kansas anymore.
Here are some things you may do:
1. Create a legal structure that gives all the ‘major’ participants a stake in the business. The singers in the group may be two or more. You may create a partnership or even a company. Creating such an entity ensures that the reasonable interests of all the members are identified and documented. There’s nothing that turns off potential investors and business associates like a group of bickering and unorganised singers.
2. Create a profit-sharing structure between the financial stakeholders and contributors. This structure should recognise the financial, labour and other investments of each member. It should also capture the major present (and speculated) income streams: CD sales, other royalties, fees from tours and shows, celebrity endorsements and advertisements, etc. Your sponsor(s) will be included in this structure. It is wise to specify very clearly whether the sponsor(s) will be sharing the profit realised from the particular song/video/album they sponsored or throughout the entire music career.
3. With the marketers/distributors of CDs, it is likely that they will want to fix a price or percentage as their cut in the wholesale price of the CD. If it is possible, link this cut (or a percentage of it) to the profit on the CD sales, so that they get fully or partially paid after, not before, the sales. This may come at a price (for instance, a higher cut), but it might be worth it. Up your negotiation skills (and your prayers) and you might get that. This approach also get’s them to work for the general success of the sales, since their gain is linked to it. In addition, they are probably your best allies on the issue of piracy, since the chances are that they know the pirates. However, take care not to link their payment to your general profit (made from other sources except the CD sales).
4. Spell out who does what. If you’ll be hiring a manager (and you really should), his duties, responsibilities and boundaries should be clearly stated out in a contract.
5. There is the possibility that the group may be very successful, and decide to go into merchandising and spin-offs from their public image and good will, or maybe start a clothing line (think L.A.M.B or September 20th). It will be wise to put the possibility of this arrangement in black and white.
6. Invest on a good accountant. There’s no avoiding your dealing with numbers. And when you earn some profit, you will be subject to the payment of tax. A good accountant can help with both.
7. If you are incorporating a company, make allowances for a shareholding structure that could accommodate future investors, if need be.
8. If you’ll be signing up with a media and publicity company, go in with your eyes open. Understand and be clear on what they will or will not do for you. It’s not likely that their fees will be linked to your profit, but if you are pinching pennies, you may want to go for the lowest media package possible.
9. Get a lawyer, for goodness sake. You’d know that by now.
When you have these basics in place, it does a few things for you. For one thing, it keeps you in control of many aspects of your music career. For another, if at some point you decide to sign up with a record label, you would have upped your financial and general business worth, and you would be respected for it.
Getting your acts together would also make it easier for you to acquire capital from different types of investors if you need it. You may want to invest in other types of businesses (say, fish farming or even pure water production), afterall, the entertainment industry is very volatile and you may not always wow the crowd. This organisation helps you to streamline your investments.
Hey, you may even decide to start your own record label!!
MUSIC AND BUSINESS 101
One word of self defence: I am not a prophet of doom, clanging bells and warning you of impending dangers. Well, maybe I am. On the Nigerian entertainment scene, things have been taken for granted for far too long, but thankfully, stakeholders are either sitting up or the economic dip has taken a position on their favourite seats and they are standing up to attention.
This is Making Your Music Business Work 101. Because IT IS A BUSINESS. No sense spending all your good hours making music and going to bed hungry. Yes, music could be the food of love, but it may not work for your stomach. When you’re hungry, there’s the likelihood that good music turns to bad noise.
The Nigerian music scene is quite peculiar. There are not so many standard record labels around. When I say record labels here, I’m not talking about the ones carelessly formed by the artistes themselves; those are all over the place. I’m talking about the standard record label: Artiste and Repertoire, Business and Accounting, Artiste Development, Legal, Art and Graphics, Promotion, Publicity, Marketing, Sales, all the works.
I acknowledge that getting a record label that really understands the business would go a long way; however, this is for those who do not belong to such a label. You must still learn how to make your music business work for you and other stakeholders.
Chances are certain parties are involved:
• You
• Other group members
• Marketers/Distributors
• Your dear Uncle Kayode that loaned you some money (or some other sponsor)
• Your Manager (well, where’s the swagger without a manager, even if it’s your kid brother)
• A media and publicity company (if you are lucky or trouble-prone).
Now, whether you know it or not, admit it or not, everyone listed above (and maybe even more) has a stake in your music career, so sit up, this is business, and you are not in Kansas anymore.
Here are some things you may do:
1. Create a legal structure that gives all the ‘major’ participants a stake in the business. The singers in the group may be two or more. You may create a partnership or even a company. Creating such an entity ensures that the reasonable interests of all the members are identified and documented. There’s nothing that turns off potential investors and business associates like a group of bickering and unorganised singers.
2. Create a profit-sharing structure between the financial stakeholders and contributors. This structure should recognise the financial, labour and other investments of each member. It should also capture the major present (and speculated) income streams: CD sales, other royalties, fees from tours and shows, celebrity endorsements and advertisements, etc. Your sponsor(s) will be included in this structure. It is wise to specify very clearly whether the sponsor(s) will be sharing the profit realised from the particular song/video/album they sponsored or throughout the entire music career.
3. With the marketers/distributors of CDs, it is likely that they will want to fix a price or percentage as their cut in the wholesale price of the CD. If it is possible, link this cut (or a percentage of it) to the profit on the CD sales, so that they get fully or partially paid after, not before, the sales. This may come at a price (for instance, a higher cut), but it might be worth it. Up your negotiation skills (and your prayers) and you might get that. This approach also get’s them to work for the general success of the sales, since their gain is linked to it. In addition, they are probably your best allies on the issue of piracy, since the chances are that they know the pirates. However, take care not to link their payment to your general profit (made from other sources except the CD sales).
4. Spell out who does what. If you’ll be hiring a manager (and you really should), his duties, responsibilities and boundaries should be clearly stated out in a contract.
5. There is the possibility that the group may be very successful, and decide to go into merchandising and spin-offs from their public image and good will, or maybe start a clothing line (think L.A.M.B or September 20th). It will be wise to put the possibility of this arrangement in black and white.
6. Invest on a good accountant. There’s no avoiding your dealing with numbers. And when you earn some profit, you will be subject to the payment of tax. A good accountant can help with both.
7. If you are incorporating a company, make allowances for a shareholding structure that could accommodate future investors, if need be.
8. If you’ll be signing up with a media and publicity company, go in with your eyes open. Understand and be clear on what they will or will not do for you. It’s not likely that their fees will be linked to your profit, but if you are pinching pennies, you may want to go for the lowest media package possible.
9. Get a lawyer, for goodness sake. You’d know that by now.
When you have these basics in place, it does a few things for you. For one thing, it keeps you in control of many aspects of your music career. For another, if at some point you decide to sign up with a record label, you would have upped your financial and general business worth, and you would be respected for it.
Getting your acts together would also make it easier for you to acquire capital from different types of investors if you need it. You may want to invest in other types of businesses (say, fish farming or even pure water production), afterall, the entertainment industry is very volatile and you may not always wow the crowd. This organisation helps you to streamline your investments.
Hey, you may even decide to start your own record label!!
Tuesday, May 11, 2010
STORY, STORY...I WRITE BETTER CRAP
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
STORY, STORY...I WRITE BETTER CRAP
Maybe you are genuinely talented and your head is always vibrating with stories, plots and lines. Perhaps, you come from a highly critical breed and you stew when you watch ‘crap’ on TV, and decide that you write better stories. Or perhaps, you just want your own share of the Hollywood, sorry Nollywood cake. Bottom line: you have a story to tell and you want to watch it acted out on the big or small screen.
If you do not want to get to the television and film industry in Nigeria through the agent route, you have two options, as I see it (through my limited pair of lens).
First option. You can be the alpha and omega of your story- the producer, director, scriptwriter, and maybe cast yourself as the major actor too, for good measure. That way, you can scrutinise every detail of the film or TV programme to your liking, just as it was concocted in your head. Or you can be just the producer. Then you could hire a director and frustrate the heck out of him by dropping ‘innocent’ suggestions at every turn. Even better, you can hire a good director, whose work you have personally seen and agree with (we actually have some of them around, would you believe it), and allow him room to do his work, after all, you really are a novice. You may just, for safety purposes, include it in his contract that you are allowed a considerable amount of input. It’s your project afterall, and the director works for you, when it comes right down to it.
However, this option is only possible when you have enough money or sponsorship to foot the bills of making a movie, and the time to see every inch of it through.
This is where your second option comes in. Unless you are really lucky, you’ll have to pitch your story to a richer and more experienced film or television programme producer; and he has to like it.
If he buys into it, you have saved yourself a whole lot of Panadol money. But what happens when you give the producer your story and he reads it and declines to be involved. And then a few months later, you watch your story on TV, ably produced by him, of course. When that happens, you will be at a disadvantage because he may deny reading your story and insist that someone else came up with the idea. You may now be left with the choice of litigation, and even then you’ll be facing an enemy way bigger than you with a lot of resources and experience behind him. In fact, even proving that he read your story at all may be tough.
Now, I’m not going to tell you how to make sure he likes your story, just say your prayers. However, I can give you tips on how to protect your interest when sharing your story.
The Nigerian Copyright Act is on your side. By section 1 of the Act, your story is eligible for copyright protection. However, this protection only comes into being when it is original and fixed on a definite medium of expression. It follows that it best if it’s written (if you cannot have it typewritten, at least splurge on a paper, pen and a decent handwriting). This protection lasts for seventy years after the end of the year in which the author dies. Thus, if you you’re your cards right, you might be leaving some nice royalties for your heirs.
As the author/ creator of that story, you become the owner of the copyright in the work. The nature of the protection is described in Section 5 (1) of the same Act. As the copyright owner, you generally have, amidst some exceptions, the exclusive right (in Nigeria) to do and authorise the doing of a number of acts including the production, reproduction, public performance or publishing of your story or any adaptation of it. You also get to control the making of a cinematograph film, record or broadcast and the public or commercial distribution of your story and any translation thereof. And anyone who does any of these acts (and some additional ones provided for under section 14) without your licence or authorisation has infringed your copyright.
By way of its provisions, the Nigerian Copyright Act is your friend. Unfortunately however, its enforcement may not be quite as kind. Thus, the responsibility is on you to protect yourself as much as possible.
There is something called a Non-Use and Non-Disclosure Agreement. This means that when you get a producer to sign it, he is prevented from using your story in any form. There is also an element of confidentiality and he is barred from disclosing it to or sharing it with another person. This sure simplifies a lot of things.
However, getting a producer to sign an agreement (a.k.a potential liability) will not be easy. I mean, you practically ‘suffered’ to get audience and probably have all of five minutes to pitch your story and make him like it, so thrusting your agreement under his nose for signature may be awkward. Imagine this: you walk into Tunde Kelani or Wale Adenuga’s office, whip out a Non-Use and Non-Disclosure Agreement and calmly ask him to sign it before you let him read your story. The odds are you might be walked out, just ask calmly and politely. You could be the next J.K. Rowling, but there are hundreds of writers (most of them full of crap, if it’s any consolation) who would gladly give the producers their stories without a fuss.
Yet you still need to get your story across and protect your interest in the best possible way. Take these tips home:
1. Talk to a lawyer. This gives you a more personal knowledge of the best way to protect your interests in your own individual situation.
2. Get someone to accompany you to see the producer. This really should be your agent or your lawyer, but if it’s the latter, the producer may get defensive. So you might want to go with a true friend or a ‘friend’ who just happens to be a lawyer (wink!). You can conveniently disclose this after audience with the producer, if need be. The whole idea of going with company is for the sake of proof, should a conflict arise later.
3. Before you tell your story (of course, always have a written copy), tell the producer, very nicely, that it is confidential, and that if he ends up using it, you would expect reasonable compensation. It is likely that he will agree verbally, or at least give some indication that he has heard you, maybe a nod. That way, while you have not entered into a ‘written’ agreement, you have entered into an oral one. This is usually harder to prove, but that why is you have a witness with you. However, if the producer says no, you do NOT have a contract.
4. After the meeting, you can send a polite, non-threatening letter to the producer thanking him for the opportunity to discuss your story (state the main plot of the story in one sentence, to clear any doubt). In this letter, you can casually refer to the oral agreement you had earlier entered into (you do not have to actually call it an agreement). If the producer does not immediately deny the existence of such an agreement, this may be construed as an affirmation of its existence. This letter could be used as evidence of your agreement.
5. If any of the above seems calculating to you, you could present the producer with only a part of the story that you consider ‘safe’. Then you can insist that he signs a Non-Use and Non-Disclosure Agreement before he reads the complete story. However, you have the added pressure of making the first-revealed part of the story very irresistible, such that he wouldn’t mind signing an agreement before he sees the rest of it. You might also want to make sure that the later part isn’t quite predictable, so that if he refuses to sign the agreement and he makes his own ending, it would still be different from what you have written.
So, dare we hope for better crap on TV?
STORY, STORY...I WRITE BETTER CRAP
Maybe you are genuinely talented and your head is always vibrating with stories, plots and lines. Perhaps, you come from a highly critical breed and you stew when you watch ‘crap’ on TV, and decide that you write better stories. Or perhaps, you just want your own share of the Hollywood, sorry Nollywood cake. Bottom line: you have a story to tell and you want to watch it acted out on the big or small screen.
If you do not want to get to the television and film industry in Nigeria through the agent route, you have two options, as I see it (through my limited pair of lens).
First option. You can be the alpha and omega of your story- the producer, director, scriptwriter, and maybe cast yourself as the major actor too, for good measure. That way, you can scrutinise every detail of the film or TV programme to your liking, just as it was concocted in your head. Or you can be just the producer. Then you could hire a director and frustrate the heck out of him by dropping ‘innocent’ suggestions at every turn. Even better, you can hire a good director, whose work you have personally seen and agree with (we actually have some of them around, would you believe it), and allow him room to do his work, after all, you really are a novice. You may just, for safety purposes, include it in his contract that you are allowed a considerable amount of input. It’s your project afterall, and the director works for you, when it comes right down to it.
However, this option is only possible when you have enough money or sponsorship to foot the bills of making a movie, and the time to see every inch of it through.
This is where your second option comes in. Unless you are really lucky, you’ll have to pitch your story to a richer and more experienced film or television programme producer; and he has to like it.
If he buys into it, you have saved yourself a whole lot of Panadol money. But what happens when you give the producer your story and he reads it and declines to be involved. And then a few months later, you watch your story on TV, ably produced by him, of course. When that happens, you will be at a disadvantage because he may deny reading your story and insist that someone else came up with the idea. You may now be left with the choice of litigation, and even then you’ll be facing an enemy way bigger than you with a lot of resources and experience behind him. In fact, even proving that he read your story at all may be tough.
Now, I’m not going to tell you how to make sure he likes your story, just say your prayers. However, I can give you tips on how to protect your interest when sharing your story.
The Nigerian Copyright Act is on your side. By section 1 of the Act, your story is eligible for copyright protection. However, this protection only comes into being when it is original and fixed on a definite medium of expression. It follows that it best if it’s written (if you cannot have it typewritten, at least splurge on a paper, pen and a decent handwriting). This protection lasts for seventy years after the end of the year in which the author dies. Thus, if you you’re your cards right, you might be leaving some nice royalties for your heirs.
As the author/ creator of that story, you become the owner of the copyright in the work. The nature of the protection is described in Section 5 (1) of the same Act. As the copyright owner, you generally have, amidst some exceptions, the exclusive right (in Nigeria) to do and authorise the doing of a number of acts including the production, reproduction, public performance or publishing of your story or any adaptation of it. You also get to control the making of a cinematograph film, record or broadcast and the public or commercial distribution of your story and any translation thereof. And anyone who does any of these acts (and some additional ones provided for under section 14) without your licence or authorisation has infringed your copyright.
By way of its provisions, the Nigerian Copyright Act is your friend. Unfortunately however, its enforcement may not be quite as kind. Thus, the responsibility is on you to protect yourself as much as possible.
There is something called a Non-Use and Non-Disclosure Agreement. This means that when you get a producer to sign it, he is prevented from using your story in any form. There is also an element of confidentiality and he is barred from disclosing it to or sharing it with another person. This sure simplifies a lot of things.
However, getting a producer to sign an agreement (a.k.a potential liability) will not be easy. I mean, you practically ‘suffered’ to get audience and probably have all of five minutes to pitch your story and make him like it, so thrusting your agreement under his nose for signature may be awkward. Imagine this: you walk into Tunde Kelani or Wale Adenuga’s office, whip out a Non-Use and Non-Disclosure Agreement and calmly ask him to sign it before you let him read your story. The odds are you might be walked out, just ask calmly and politely. You could be the next J.K. Rowling, but there are hundreds of writers (most of them full of crap, if it’s any consolation) who would gladly give the producers their stories without a fuss.
Yet you still need to get your story across and protect your interest in the best possible way. Take these tips home:
1. Talk to a lawyer. This gives you a more personal knowledge of the best way to protect your interests in your own individual situation.
2. Get someone to accompany you to see the producer. This really should be your agent or your lawyer, but if it’s the latter, the producer may get defensive. So you might want to go with a true friend or a ‘friend’ who just happens to be a lawyer (wink!). You can conveniently disclose this after audience with the producer, if need be. The whole idea of going with company is for the sake of proof, should a conflict arise later.
3. Before you tell your story (of course, always have a written copy), tell the producer, very nicely, that it is confidential, and that if he ends up using it, you would expect reasonable compensation. It is likely that he will agree verbally, or at least give some indication that he has heard you, maybe a nod. That way, while you have not entered into a ‘written’ agreement, you have entered into an oral one. This is usually harder to prove, but that why is you have a witness with you. However, if the producer says no, you do NOT have a contract.
4. After the meeting, you can send a polite, non-threatening letter to the producer thanking him for the opportunity to discuss your story (state the main plot of the story in one sentence, to clear any doubt). In this letter, you can casually refer to the oral agreement you had earlier entered into (you do not have to actually call it an agreement). If the producer does not immediately deny the existence of such an agreement, this may be construed as an affirmation of its existence. This letter could be used as evidence of your agreement.
5. If any of the above seems calculating to you, you could present the producer with only a part of the story that you consider ‘safe’. Then you can insist that he signs a Non-Use and Non-Disclosure Agreement before he reads the complete story. However, you have the added pressure of making the first-revealed part of the story very irresistible, such that he wouldn’t mind signing an agreement before he sees the rest of it. You might also want to make sure that the later part isn’t quite predictable, so that if he refuses to sign the agreement and he makes his own ending, it would still be different from what you have written.
So, dare we hope for better crap on TV?
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