18 Rules Of Battle For Survival In The Entertainment Industry
 By Steven T. LoweAfter handling numerous cases for writers and creators in the entertainment industry, Mr. Lowe has distilled from this experience a list of things "to do" and "not to do": |
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RULE 01 |
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). |
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RULE 02 |
Don’t use any other means of delivery besides those in number 1. |
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RULE 03 |
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. |
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RULE 04 |
When keeping records through emails, make sure you’re getting responses. If you don’t get a response, the recipient can dispute receipt of the communication. |
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RULE 05 |
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. |
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RULE 06 |
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 exceptions. Get legal advice on this. Recording conversations may be good. |
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RULE 07 |
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! |
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RULE 08 |
Get a good entertainment attorney early on in the process; he will save you problems down the line. |
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RULE 09 |
Don’t draft your own contracts; pay minimal fees (sometimes as low as $300-$500) for an attorney to do a “deal memo”. |
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RULE 10 |
Don’t do any work on any projects whatsoever without a deal memo! |
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RULE 11 |
Never sign a contract, no matter how short, without having an entertainment attorney review it first! |
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RULE 12 |
Don’t let your WGA Registration expire in 5 years! |
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RULE 13 |
Don’t slander anybody or get violent or abusive; hold your temper and don’t make false (read: unprovable/deniable) statements about anybody. |
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RULE 14 |
Don’t generate publicity of any sort without consulting with an attorney first. |
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RULE 15 |
Use a simple non-disclosure agreement when submitting ideas, etc.; or if the submittee won’t sign, send a confirming letter. |
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RULE 16 |
Do not sign a submission or (non-disclosure) agreement provided to you by a company without consulting with an entertainment attorney first. |
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RULE 17 |
Whenever sending a letter, make copies of the letter with your signature and date. |
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RULE 18 |
Whenever submitting ideas, etc. make sure you have a cover letter which specifically states that you are submitting the project with the expectation that if they are interested in exploiting all or any portion of the project they will negotiate with you in good faith the deal points of compensation and credit. |
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