Reasoning of the Law

The first question I asked, when I film something I'v writt
en and it happens to have say like a coke bottle or something else along the lines in that and it happens to make it big, is there a possibility of that company coming after me for the rights of it?Whitehead explained, when your going to have different products in the movie that your shooting you need to look up licensing for it.  That the company would have to get a negotiated contract with that enterprise that we would want to use and pay royalties.  The only time a company will sue you for royalties is only on a mjor level that is applicable.  Under the copyright Act of 1976, "Subject matter of copyright: In General, Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.  Works of authorship include the following categories, literary works, musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic and sculptural works; sound and recordings; and archeitectural works.  In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work" (Stim, 358).When I write a script or am a co-writer of a script, what steps do I need to take in order to get a copyright on the idea, also lets say I have copy written it and it is stolen how do how do I legally go about taking action against the the entity that has used my script without my permission?In order to protect my work I need to take the proper percautions or something like in Janky v. Lake County Convention and Vistiors Bureau could happen, "The Seventh Circuit Court of Appeals held that a songwriter whose contribution was somewhat disputed was still entitled to license the resulting song. In this case, a songwriter created an ode to Indiana and then, upon the suggestion of an acquaintance, modified the lyrics so that the song was about Lake County, Indiana. That enabled the acquaintance to license the song in her own name, then registered it again listing the acquaintance as a co-writer and sued the vistitors bureau for infringement claiming that the acquaintance was not a co-writer and therfore had no right to license the work. The court of appeals ruled against the songwriter and held that the contributions by the acquaintance merited co-authorship because they added tot eh song's commercial viability, shifting the song from being pro-Indiana paean to being a Lake County, Indiana song. A dissenting justice characterized the contribution as uncopyrightable "ideas, refinements, and suggestions"" (Stim, 205).  When I co-write a script, what legal rights do I have with it ?  When I spoke to the lawyer I was informed that my rights as a co-author would be that I would share in profits jointly with how ever many co-writers participated in the script. The only way to fully protect myself as a co-writer would be to enter in a contractual agreement. I read that it would be called a "collaboration agreement, when coauthors want to specify their rights, obligations, and percentage of copyright ownership and revenues, they must enter into a collaboration agreement. Without a collaboration agreement , a court will presume that the coauthors share equally unless evidence to teh contrary is introduced" (Stim, 222).  As I read further, I found even if I did have a collaboration agreement, for example if a foreign country wanted to translate the works into their own language in order to remake the movie Stim states, "In countries that subscribe to the Universal Copyright Convention including the United States, an author may be required to grant a compulsory license toa subscribing government to translate his or her work into that country's primary language if no translation has been published within seven years of the works original date of publication. This rule precludes copyright owners in most countries from preventing the translation of works covered by their copywrits into different languages" (Stim, 226).I was legally advised that if I should ever decide to co-write a script, that there should be a written collaboration agreement/conract because when it comes down to making money on the works written, there is usually an unlikely chance of one or both of the parties to end up with any type of profit. In most cases that a contract is not entered before the writing process begins, than if the script were to become popular, than it would be a nightmare in court and cost more money than would be received because it is too difficult to distinguish between two joint writers and to keep the contributions separate.As a independent filmmaker what contracts should I have in place for hiring actors, locations?Before hiring any actors, we would have to determine the type producting we are producing whether it would be for pay or non pay. Based upon those issues, Whitehead would act as the companies lawyer and decide what kind of contract would be needed in order for negotiations.  Im doing a commercial for a company that happens to have a seperate company attched to it and their logo is right above the company in which we are doing, so my first part of this question is, what kind of conract should we have in for the company we are shooting, second what contract should we have with the combining company and third is it a wise decision to do it at all?  With this question, couldn't really get a clear answer from the lawyer, he said he would have to review the tenant contracts between the two businesses, and that I would need to get a business license and everything that goes with it, if there was to be any type of profit made.
What is the proper procedure for obtaining an LLC in Nevada for a production company?  There are many steps when it comes to forming and LLC in Nevada."To create an LLC, you file "articles of organization" (in some states called a "certificate of organization" or "certificate of formation") with the LLC division of your state government. This office is often in the same department as the corporations division, which is usually part of the secretary of state's office. Filing fees range from about $100 to $800. Now, in every state, you can form an LLC with just one person.
Many states supply a blank one-page form for the articles of organization, on which you need only specify a few basic details about your LLC, such as its name and address, and contact information for a person involved with the LLC (usually called a "registered agent") who will receive legal papers on its behalf. Some states also require you to list the names and addresses of the LLC members.
In addition to filing articles of organization, you must create a written LLC operating agreement. You don't have to file your operating agreement with the state, but that doesn't mean you can get by without one. The operating agreement is a crucial document because it sets out the LLC members' rights and responsibilities, their percentage interests in the business, and their share of the profits" (Nolo.com, Beth Lawernce).
Las Vegas has a lot of strict rules on when and where you can shoot, so what are some of the legal issues I should look for when filming in Las Vegas? Most of Las Vegas is Clark County. If you want to shoot on the strip it is considered private property and I would have contract through the casino owners. In the rest of Clark County, it would be required of me by law to get certain permits and business licenses in order to shoot.  What are some of the possible consequences on doing a production without an LLC?Before going into a production you need to have your business license, LLC, business insurance, if you do not have this in line, you would be personally liable for any mistakes and could be sued personally rather than the company being a liability. Also there is the possibility of the IRS investigating into the funds that are being made that are not properly taxed.What steps would I take in order to get No Frown Entertainment Copyrighted?  I would have to have "title of my work, nature of my work, publication as a contribution, the author, works made for hire, nature of authorship, creation and publication, the copyright claimant, transfer,derivative work or compliation, deposit accounts and correspondence, certification, signature, mailing information, the fee, including copies of your work with the registration application" (Stim, 344-346).
Is there a specific contract for starting a business with a partner, not a self-employed business, because No Frown Entertainment is in the beginnings of a partnership?
Your business may need to obtain business or professional licenses depending on the type of business activity you are engaged in. Nevada provides a comprehensive website of every occupation that requires a license by a partnership. You can obtain this information by going to the Nevada Secretary of State Licensing Center. In addition, local regulations, including licenses, building permits, and zoning clearances, may apply to your business. You will need to check with your city and county governments for more information.