Practice Areas

Independent Fiction and Non-Fiction Projects

Our core practice is representing independent production companies and producers in all aspects of independent filmmaking, including development, financing, production, clearance and distribution. Donaldson Callif Perez uses our expertise to provide advice and consultation in negotiating and drafting agreements, as well as advising clients on the full spectrum of clearance issues, including fair use and personal rights.

We are fortunate to have had the opportunity to work on hundreds of projects every year; many of which premiere at top tier festivals and which are distributed worldwide across all platforms. We’ve had the honor of working on six Oscar-winning documentaries – Summer of Soul, American Factory, Free Solo, Icarus, 20 Feet From Stardom and Inside Job.

Clearance

The clearance of rights is crucial in every sector of the entertainment industry. Failure to ensure that rights for third party content (such as music, artwork, film clips, and photographs) can delay or even prevent the release of a project and expose the producer to lawsuits. In fact, most distributors will not accept a work until they are satisfied that all rights have been properly cleared. At DCP, we recognize the importance of clearing the rights of third-party material. We work with our clients to determine whether material in their project infringes the rights of any other person, and find the best avenue for clearance, be it licensing or relying on fair use. We also specialize in personal rights issues, including the rights of privacy, the right of publicity and defamation. We work with our clients to ensure that those featured in documentary and scripted projects will not have a viable legal claim based on the exploitation of the project.

Fair Use

Fair use is a concept that allows a limited amount of  copying without asking permission or making payment in order to promote the very creativity that the copyright law was designed to promote. DCP is the leading law firm in fair use for audio and audio-visual content.

In 2006, Michael Donaldson negotiated, on a pro bono basis, with insurance companies in creating a fair use “rider” that allowed filmmakers to secure E&O insurance, which includes the use of unlicensed third-party materials which are under the principles of fair use. This changed the landscape of documentary filmmaking and gave filmmakers the practical ability to rely on fair use in the films. Insurance companies will only accept and consider fair use opinion letters from a handful of lawyers. Our firm is one of the few that are listed on all E&O providers’ approved counsel lists.

We work closely with our clients to ensure that any unlicensed material used falls squarely within the parameters of the fair use doctrine. We then work closely with E&O insurance brokers and underwriters to ensure that our clients’ use of unlicensed material is covered by their E&O insurance policies.

Personal Rights

Ensuring that the individuals portrayed in your project won’t have a viable legal claim based on their appearance in scripted and unscripted projects is a key practice area at DCP. Whether negotiating life rights agreements or advising on featuring individuals from whom no rights have been obtained, our team specializes in vetting privacy considerations, defamation issues, false light and right of publicity. We work with our clients to secure E&O insurance to cover so-called “unreleased” subjects and consult with distributors to ensure they are comfortable with the legal positions asserted by our firm.

Production

We understand the timing, intricacies and complexities of producing films, television programs and other creative works. This is why our full-service production practice works with our clients to ensure the production process is as efficient and smooth as possible. We represent our clients in all aspects of film and television production, including the formation of single purpose entities, drafting and negotiating above-the-line and below-the-line agreements and assisting with all production legal matters.

Financing and Distribution

Our work in drafting and negotiating agreements is not limited to production. We also provide advice regarding financing for independent filmmakers and negotiate acquisition, financing, license, and distribution agreements.

Theatre

Donaldson Callif Perez is one of the few LA-based firms that specializes in theatre law. Michael Donaldson’s passion for the theatre earned him the position as Center Theatre Group’s entertainment counsel over 35 years ago and we continue that representation today. CTG produces or presents all the plays at the Ahmanson, Mark Taper Forum, and the Kirk Douglas Theatre. We also represent The Geffen Theatre, The Wallis-Annenberg, the REDCAT, as well as individual theatre producers.