Areas of Practice
Overview
Independent Films/Documentaries
We pride ourselves in specializing in all aspects of filmmaking, including but not limited to features and documentaries. Independent filmmakers often need guidance with contracts, unions, financial planning, options, productions, clearance, distribution and tax rebates. Donaldson & Callif understands these needs, and we use our expertise to provide representation to our independent film clients by offering advice and consultation in negotiating and drafting in these agreements, as well as assisting in the formation of corporations or partnerships, and providing advice about licensing, sponsorships, fair use rights and rights clearances, and copyright and trademark issues.
Theatre
Donaldson & Callif is one of the few LA-based firms that specializes in theatre law. Michael’s love of the theatre earned him the position as Centre Theatre Group’s outside counsel approximately 20 years ago. (CTG is the producer of all the plays at the Ahmanson, Taper and Kirk Douglas theatres). Our office currently handles all of CTG’s production, commission and license agreements. We also represent The Geffen Theatre, The Broad Stage and the REDCAT (adjacent to Disney Hall), as well as individual theatre producers, playwrights , composers and lyricists.
Television
Donaldson & Callif helps television clients from the pitch stage through production. We primarily focus on negotiating option agreements and deals with networks handling production work as needed.
Publishing
As an author himself, Michael Donaldson has developed extensive expertise in book publishing. Donaldson & Callif represents both authors and publishers in negotiating their agreements, including option agreements, agreements with publishers and work-for-hire writers and artists.
Fair Use
Fair use is a concept that was created by the courts over 150 years ago. Courts recognized that it simply was not fair to say that every copying of a copyrighted work was a violation of the law. Some copying was necessary to promote the very creativity that the copyright law was designed to promote. Fair use is the necessary balance between strict copyright law and the freedoms of the first amendment.
Michael Donaldson has been instrumental in working with insurance companies (i.e., Media/Professional and Chubb) in creating a fair use “rider” that allows filmmakers to secure E&O insurance, which includes the use of third-party materials that are not licensed, but used under the principles of fair use. Insurance companies will only accept and consider fair use opinion letters from a handful of lawyers. We are the only firm listed on both Media/Professional and Chubb’s list of approved attorneys.
We work closely with our clients to ensure that any unlicensed material used falls squarely within the parameters of fair use laws. We also educate our clients, production companies and distributors to get them comfortable making/distributing a film with third-party materials used pursuant to the fair use doctrine.
Production
We understand the intricacies and complexities that it takes to produce a film. This is why our full service production practice represents filmmakers and the actual film itself, and works with all principles involved to ensure the production process is as smooth as possible. We represent our clients in negotiating all aspects dealing with the production of a film, including but not limited to: single purpose entity formation, above-the-line agreements, below-the-line agreements, rights acquisition, clearance of content, and clearance of third-party content.
Clearance
The clearance and licensing of rights is crucial in every sector of the entertainment industry. Failure to clear rights for third party content (such as music, poems, artwork, film clips, and photographs) can delay or even prevent the release of your project and expose the producer to lawsuits. In fact, many distributors will not accept your work until they are satisfied that all rights have been cleared, and before Michael created the “fair use” rider with the insurance companies it was impossible to get insurance with any uncleared content. At Donaldson & Callif, we recognize the importance of clearing the rights of third party material, whereby using such material without clearance would expose the filmmaker to liability, infringement, and potential lawsuits. We work with our clients to determine whether material in your project infringes the rights of any other person, and find the best avenue for clearance, be it licensing or fair use. In fact, many distributors will not accept your work until they are satisfied that all third-party content has been cleared.
Talent
At Donaldson & Callif, we understand the needs of entertainment clients and familiarize ourselves with each client’s particular goals and objectives. This enables us to advise clients on all business and legal matters. Such matters may include the negotiation and documentation of a wide variety of contractual relationships involving studios, networks, Internet and production companies, banks, financiers, bond companies and all forms of distributors. We represent and advise writers (both screenwriters and novelists), actors, artists and directors on all aspects of their creative projects, from early inception through distribution.
