I decided to talk with IFC TV Legal & Business Affairs
attorney Brian Gottlock. Back in 2011 I had the opportunity to work with Brian
while I was working at IFC and have been witness to his ability. The reasoning
behind my choice of speaking with Brian is because I wanted to gain insight
into how a network approaches negotiating and deal making.
Robert: Why did you choose to practice Entertainment Law?
BWG: I've always been passionate about the industry -
whether film, TV, theater or music - and knew I wanted to work behind the
scenes in some capacity. Since I also knew I'd be going to law school at a
relatively young age (I got into a special law program in high school), I found
a way to merge my interests. I've been fortunate enough to enjoy a career
spanning many facets of the business: music law firm, talent agency, arts and
media legal services organization, talent management, boutique entertainment
firm, and ultimately in-house counsel at Comedy Central/MTV Networks and
IFC/AMC Networks.
Robert: Describe your duties with IFC.
BWG: I am the sole lawyer dedicated exclusively to the
channel, so I handle all matters of transactional legal across all departments,
from programming and marketing to digital and acquisitions. We recently
re-branded from a indie film-heavy network to a Nielsen-rated, ad-supported
network with a focus on original comedy series, and the amount of agreements,
negotiations and legal advice that go into programming the channel is intense.
I draft and negotiate contracts that affect all business groups (with an
emphasis on development, production and talent) and am always available to
advise on all other IFC-related endeavors like marketing strategies, on-air
promo rights and restrictions, licensing, new media initiatives and
sponsorships.
Robert: What advice could you offer someone someone who is looking to pitch their material to any network?
Robert: What advice could you offer someone someone who is looking to pitch their material to any network?
BWG: Get a name talent agent or reputable entertainment
lawyer. Not only will that open doors at a network versus someone coming in off
of the street, you can learn from those representatives on how to best protect
your material.
Robert: Can you see directors and writers using their success with online content as a bargaining chip in negations?
Robert: Can you see directors and writers using their success with online content as a bargaining chip in negations?
BWG: Absolutely. I've done deals with Rhett & Link (who
got the series "Commercial Kings" based on their YouTube videos), The
Onion, MyDamnChannel, Funny or Die and a host of other predominantly online
properties. The success of online content, however, doesn't necessarily
translate to TV success. But sophisticated talent with a demonstrable following
can leverage that traffic (and those eyeballs) provided it's the
"right" audience for the network.
Robert: What measures would you suggest to someone to protect their work and avoiding litigation?
Robert: What measures would you suggest to someone to protect their work and avoiding litigation?
BWG: Copyright copyright copyright. Protection is
automatically vested within the creator once an idea is expressed (i.e., put in
tangible form) and registration with the government is merely a "belt and
suspenders" assurance, but once something is memorialized (whether it be a
poem, a song, a script, a book, etc.) it should be registered - easily through
copyright.gov for $35. Also, non-disclosure agreements (NDAs) come in handy if
material is highly confidential and runs the risk of dilution if exposed. And
collaborations with creative partners need to have contracts behind them.
Nothing ruins friendships/partnerships like success if there had been no formal
agreement preceding it.
I want to thank Brain for taking the time out of his
schedule to answer these questions. Just as we’ve been going over in class
copyright is a major factor in protecting your work. Also, as he stated a good talent
agent or reputable entertainment lawyer can open more doors for you then someone
off the street. Research is key into protecting and expanding your career.