What are the most immediate legal issues faced leading up to pre-production (securing commitment/ pro bono work, establishing the legal framework within which to create the film, interactive and online elements)?
What should we anticipate in legal costs and involvement for the creation of the film element? And for the other elements?
Once the elements have been created and a prototype package put together, how do we patent/register the product in the first instance?
What should our approach be to relevant parties (MicroSoft, Sony, etc.) regarding collaboration on console DVD development? How much should we set aside fo legal dealings with these (ballpark figure)?
Could the above corporate giants tacitly veto the project? How do we go about protecting ourselves/ preventing that from happening?
How can we legally secure our ownership of the project as a whole once distribution has been established , without compromising the fundamental ethos of sharing and altering assets? How does this relate to royalties and licensing?
The license I envisage is http://creativecommons.org/licenses/by-nc-sa/2.0/ to enable automatic re-use without having to deal with MOD Films. Will there be any problems in licensing commercial use subsequently if we release under this license? As the rights holder for commercial use, does this Creative Commons licensing approach impede us in any way?
Posted by ken at October 31, 2003 03:15 PMNotes from phone call with Paul Gardner/Osbourne Clark:
Project needs web of contractual advice
MS or Sony could veto project on film industry grounds as per concern but units tend to operate so autonomously that this is unlikely. However, anything put out on console requires approval so may be an issue if product does not clearly fit their market.
Project is a 10th the size of average console game (2 million). "No more than 1% on legal" is normal.
OC can help on project for less than 20K via
a) "softer deal"
b) "slightly-out-of the picture", no so much running around work - e.g. checklists, document review