ENTERTAINMENT AND MEDIA vol 15 | LexisNexis

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ENTERTAINMENT AND MEDIA vol 15(3) gaming, media financing, merchandising, product endorsement and sponsorship, theatre, waivers and releases

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About this title—authors, overview

Commentary

1 Pre-production

2 Production

3 Rating of games

4 Ownership of intellectual property rights in games

5 Rights of employees and independent contractors

6 Rights clearance procedures

7 Moral rights clearances

8 Synchronisation rights

9 Creative industry tax reliefs

10 Introduction

11 Qualifying companies

12 Qualifying productions

13 Films and the theatrical release condition

14 Television programmes and the broadcast, slot and hourly cost conditions

15.1 Introduction

15.2 Categories in which points are awarded

15.3 Points for setting

15.4 Points for story

15.5 Points for character

15.6 Points for promoting creativity, heritage and diversity

15.7 Points for language

15.8 Points for where the making of the film, television programme or video game is carried out

15.9 Points for key personnel

16 UK expenditure condition

17 Financial qualification for audio-visual expenditure credit

18 Introduction

19 Theatrical production companies and orchestral promotion companies

20 Theatrical production

21 Excluded productions

22 Qualifying orchestral concerts

23 Excluded concerts

24 Theatrical production and orchestra tax relief

25 The commercial purpose condition

26 The UK expenditure condition

27 Additional tax relief deduction in respect of qualifying expenditure

28 Theatre or orchestra tax credit

29 Definitions

30 Considerations in choosing debt or equity transaction

31 Risk assessment

32 Tax credit available on completion

33 Compliance with rights clearance procedures

34 Provision of financing

35 Ability of the company to complete the project

36 Counterparty risk and ‘discounting transactions’

37 Gap finance

38 Overview of security arrangements in media debt financing transactions

39 Clearance of chain of title and underlying rights

40 Assignment of existing and future rights of copyright

41 Assignment of existing debts and future debts

42 Creation of security interest over physical materials

43 Securing the collection of future revenue

44 Obtaining third-party contractual undertakings

45 Risks and benefits of equity transactions

46 Types of equity investment

47 Tax reliefs: EIS, SEIS

48 Range of merchandising activities

49.1 Form of agreement

49.2 Other commercial terms

50 Ownership of intellectual property rights

51.1 Obligations of celebrity and company

51.2 Assignment of copyright

51.3 Morals clause

52 Product placement agreements

53.1 The Communications Act 2003 and the OFCOM Code

53.2 Product placement

53.3 Sponsorship

54 Licensable activities and licensing authorities generally

55.1 Meaning of ‘regulated entertainment’

55.2 Entertainment to which regulations apply

55.3 Conditions relevant to entertainment

55.4 Forms of entertainment which are not regulated entertainment

56 Performing Right Society and other licences

57 Legislative background

58 Employment of children in entertainment

59 Local authority licences

60 General requirements applicable to all licensed performances and activities

61 Restrictions in relation to all performances

62 Restrictions and exceptions in relation to all licensed performances

63 Dangerous performances

64 Training for dangerous performances

65 Offences in relation to child performances

66.1 Variation in practice

66.2 Standard agreements developed

66.3 Fees payable under agreements

66.4 Theatre’s right to film and record

66.5 Writer’s rights

66.6 Applicability of agreements

67.1 Authorship and ownership

67.2 Collaboration

67.3 Legal capacity

67.4 Contribution

67.5 Use of limited liability entity

67.6 Dramatico-musical works

67.7 Rights owner and producer interaction

68 Rights clearances generally

69 Types of clearance required

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