Neil J. Rosini and Michael I. Rudell
These times are heady for creators of books and stories that may be suitable for television production. In addition to the traditional broadcast networks (NBC, CBS, ABC and Fox), a legion of pay and basic cable exhibitors and, more recently, direct to consumer streaming outlets such as Netflix, Amazon, Apple and Hulu, are voraciously licensing product from those creators. (Although the licensee of the content may be a production company or the ultimate exhibitor, for the purposes of the article we will refer to the licensee as “the exhibitor”). Much press is given to the compensation aspects of the creators’ agreements with exhibitors, but attention also should be paid to the extent and duration of the exhibitor’s exclusivity in the property in which rights are being acquired, including holdback provisions, reversion of rights, and the right to produce derivative spinoffs, sequels and other derivative works.
Background
Broadcast networks traditionally ordered a pilot and if it were well-received, then a limited number of episodes for the first season and the option to order more in subsequent seasons. But now, streaming services (and even some cable exhibitors and broadcast networks) have ordered one or more entire seasons of episodes at a time. This has allowed more creativity in how the adaptations are treated, and sought-after writers who at one time would only be willing to write for theatrical motion pictures are vying for prestigious television writing engagements. As a result, the quality of television programming has been enhanced.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
