Hello All,
Our television network is getting ready to produce our cartoon for our network. So recently I contacted Film Roman about producing our cartoon. There was quite a bit of dialogue between us... until I began asking things like, "I just want to make sure that even though you all producing our cartoon, we will still own full rights to the cartoon, including merchandising, right?" It's been 2 weeks and we've never heard back from them. I find this incredibly odd. Was I already supposed to know, going into this, information like, who would own the rights, etc.?
My reason for choosing Film Roman was because I thought they were considered big enough in the industry, that our financial backers would feel more secure about funding the cartoon. I have been receiving your Animation Flash newsletter for quite sometime. I guess I just never stopped to ask you all how someone on our end would go about getting our cartoon produced. Do you have a place on your website that offers folks like us the full answers as to the process of getting our cartoon animated and ready to go on air? I mean, it would certainly help to know the process. Film Roman's VP explained it to me in a vague way, but I would like clearer understanding. And, I would like to understand if an animation house expects to own part of the licensing rights of a cartoon it is being paid to produce for a network.
Can you please shine any light on my questions?
Well, if you are hooked up to a TV network then you should hook up, or be hooked up already, with a entertainment lawyer. They should be able to assist in answering some of these questions. They can address things like rights, licensing etc.
Its surprising that you are getting vague answers from such a prominent studio, but I think going thru a lawyer might better facilitate answers---and it'll also help determine WHICH studio to deal with via those answers.
"We all grow older, we do not have to grow up"--Archie Goodwin ( 1937-1998)
Thanks Ken,
Because of the fact that our network deals solely with the US Military, and every program we have is produced inhouse with our production folks, we have not had to hire the entertainment attorney yet. We have a corporate attorney that has helped construct the network itself, but not entertainment. And they are military attorneys that have provided their services gratuitously.
So can you (or anyone) just answer my question about licensing? Typically, does the client have all rights negotiated so that they own full rights to their cartoon that is being produced by a company like Film Roman?
On another note, would our prospective entertainment attorney need specific experience in cartoon merchandising and licensing? Thanks for your help.
Usually the license holder ( Your newtwork) retains most of the rights, but the studio sometimes can retain some ancilliary rights ( re-broadcast etc) to the product that they create. I guess it boils down to that they do the physical labour to actually create the cartoon, and thus they get a slice of the back-end "pie".
But only a slice.
I suppose in the agreement to produce the percentage the studio would be entitled to is a negotiable point. In the end the majority rights to the originating idea remain with the source--IE: the network.
The studio rides along on that rights situation because it sweetens their deal and provides incentive for their time invested in production.
This is where the matter of residuals arises, and that is a common thing.
As far as the entertainment lawyer goes.......having some experience in those arenas would definite help you folks. You want to access/accquire someone(s) with experience in closing deals on tv animation productions, not feature animation, and not live-action television.
Doubtlesly there are lawyers out there with just such experience--though I cannot name anyone/any firm specifically. Animation trade magazines ( Animation Magazine) will carry info on stuff like this and the Animators Union will also likely have info as well.
Also, one that that you might have consider is that the production might be ( or have to be) outsourced--even if it were to land in a US studio.
In such a case, it might be better to deal with "foreign" facilities directly.
I know that studios in Canada and Europe are bound by the Berne Copyright Convention and have identical legal precepts that will not restrict your sought-after licensing rights.
Sorry if this info is vague in and of itself, but I hope it helps.
BTW, I assume this is for the Military Channel-I watch the programming on there regularly and enjoy it.
"We all grow older, we do not have to grow up"--Archie Goodwin ( 1937-1998)
Actually... we are NOT the Military Channel. They are a channel who does EXACTLY opposite of what we do. Theirs is more about military history, weapons, etc. Their demographic is 40 yrs old and above. Ours is primarily 18-24 year olds... with programming for both kids and older demographics. Our cartoon is actually the darling of our network, and we anticipate that production costs of it to be significantly higher than any other program we produce.
There have been numerous articles written in the past two weeks about our network coming to life. They constantly call the other two CEOs of The Military Channel (Discovery Communications) and the Military History Channel (A&E Networks) both of whom are females, like myself. They also echo that we are not in competition with them because of our demographics.
At any rate, I'm happy you like their programming. It's good to see people even interested in our military.
I will do further research on elements you referred to in your recent posting. Thank you again, Ken, you've shed some bright lights on this.
I'd hire an attorney and hold tight. Don't give up any rights you don't have to. If they are really interested they will counter, if not you probably won't hear from them. But I would continue to scan their broadcasts, because they may feel you won't protect your interests.
Unless you have already signed some sort of contract for services.
Pat Hacker, Visit Scooter's World.
I just notices something "American Dragon: Jake Long" is one of the new shows that I have been following. The second season has started and the animation style has changed dramatically from season one.
So if MilitaryTVgirl's show starts off in one style, well a deal go bad if they wont to go for a very different animation look? Going from a hand drawing look to something that looks very Flash like.
I guess you're asking about something totally different. Although it is an interesting question. But for us, I want cell animation from the beginning for all 5 seasons. That is why we want one animation house from the beginning to do this. Since it is fully funded, (as I was just told by an L.A. entertainment attorney) we will still own the rights to everything... because we are not asking for anything from them except a "work for hire" relationship.
We want the cartoon to look consistent throughout all 5 seasons.
Hello,
I just e-mailed you with some information that I am very confident will answer many of your needs and questions. Please check your e-mail as well as your AWN private messages.
Sincerely
An Interested Observer