18 RULES OF BATTLE FOR SURVIVAL IN THE ENTERTAINMENT INDUSTRY

By Steven T. Lowe

After handling numerous cases, Mr. Lowe has discovered that most legal problems arise from the client’s failure to aggressively protect their interests. The following is a list of things “to do” and “not to do” that will maximize your chances of prevailing in the entertainment industry.

1. Keep records of all deliveries of submissions to entertainment companies by overnight mail (the best), fax (the next best - keep transmission report), hand delivery by reputable courier (too easy for actual messenger to leave town, or you can lose receipt), certified mail (only good if someone signs for it - if so, just as good as number 1).

2. Don’t use any other means of delivery besides those in number 1.

3. If you do hand a submission to someone yourself, you must (a) get their card and either (b) have them sign a receipt or (c) send a confirming letter or email.

4. When keeping records through emails, make sure you’re getting responses. If you don’t get a response, the recipient can dispute receipt fo the communication.

5. Save all telephone voice mail and answering machine messages which may be relevant to an entertainment project - DO NOT let messages “fall off” your voice mail after a couple of months - play them onto a tape recorder or dictaphone.

6. Even though it is illegal (i.e., a crime) to record (or listen to) telephone conversations in the State of California without the permission of the other party(s) on the line, there are significant exceptions. Get legal advice on this. Recording conversations may be good.

7. Register all intellectual property which may be valuable with the United States Copyright office first; then, if applicable, the Writers Guild of America. DO NOT just register with the WGA!

8. Get a good entertainment attorney early on in the process; he will save you problems down the line.

9. Don’t draft your own contracts; pay minimal fees (sometimes as low as $300-$500) for an attorney to do a “deal memo”.

10. Don’t do any work on any projects whatsoever without a deal memo!

11. Never sign a contract, no matter how short, without having an entertainment attorney review it first!

12. Don’t let your WGA Registration expire in 5 years!

13. Don’t slander anybody or get violent or abusive; hold your temper and don’t make false (read: unprovable/deniable) statements about anybody.

14. Don’t generate publicity of any sort without consulting with an attorney first.

15. Use a simple non-disclosure agreement when submitting ideas, etc.; or if the submittee won’t sign, send a confirming letter.

16. Do not sign a submission or (non-disclosure) agreement provided to you by a company without consulting with an entertainment attorney first.

17. Whenever sending a letter, make copies of the letter with your signature and date.

18. Whenever submitting ideas, etc. make sure you have a cover letter which specifically states that the recipient is not authorized to utilize or disclose your property without your written consent.