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Test Q & A multiple choice answers.

I have attached the pdf file for questions 1-20

Question 1 (look at the picture labeled picture 1-4)

Ebenezer hires his crew as employees and has them all sign the crew deal memo agreement. Can Ebenezer create behind the scenes featurettes and post them on YouTube without having to go back and get everyone’s permission? 

  • Yes, the crew gives him right of publicity permission when they sign the memo.
  • No, he would need to get right of publicity permission from each crew member.

Question 2  (look at the picture labeled picture 1-4)

Ebenezer’s makeup artist creates amazing original war paint designs for the team to wear for their opening match haka. Who would own the copyright, if any, to the visual art embodied in the makeup designs?

  • The makeup artist since the work was done as a work made for hire.
  • Eben Productions since the work was done as a work made for hire.

Question 3  (look at the picture labeled picture 1-4)

You notice that one of the crew members wrote a long disparaging story on his Facebook page about a mishap involving several cast and crew members that occurred on the set.

  • This probably violates the confidentiality provision of the crew deal memo.
  • This would probably be considered personal publicity that is acceptable under the contract.

Question 4  (look at the picture labeled picture 1-4)

One of the crew members objects to how her work was depicted in the film. She wants it changed. Does the contract offer Ebenezer a defense?

  • Yes, the crew member agreed the work was a work made for hire and gave the production company the right to use and change the work in any manner it chooses.
  • No, the crew member retained the right of final approval over how her work was used and depicted in the film.

Question 5  (look at the picture labeled picture 5-8)

For questions 5-8, refer to the PhotographerAgreement.pdf. There are two different agreements in the file. Choose one • 5 points

Compare Photo Agreement 1 with Photo Agreement 2. Which one gives copyright ownership to the production company?

Question 6  (look at the picture labeled picture 5-8)

For questions 5-8, refer to the PhotographerAgreement.pdf. There are two different agreements in the file.Choose one • 5 points

Can the photographer post the photos they take of the cast and crew on their website and in social media to promote their photography services?

  • Both agreements allow this provided written consent is obtained.
  • Yes (unequivocally) in both agreements.

Question 7  (look at the picture labeled picture 5-8)

Does either contract permit the photographer sell the photos to TMZ?

  • Never under any circumstances
  • Yes with additional written consent

Question 8  (look at the picture labeled picture 5-8)

Does either contract permit the photographer sell the photos to TMZ?

  • Never under any circumstances
  • Yes with additional written consent

Question 9  (look at the picture labeled picture 9-10)

In reviewing the dailies, Ebenezer finds that one of the Shrikes’ sponsor’s trademark and products were captured in the film. He sends them the Product Placement Release. If they sign the agreement, but the depictions end up on the cutting room floor, will he be in breach of the release? 

  • Yes, once he signs the contract, he has to use the marks.
  • No, the contract gives the production company the right but not the obligation to depict and use the trademarks.

Question 10  (look at the picture labeled picture 9-10)

Does the Product Placement Release allow Ebenezer to give out product samples to attendees at advance screenings?

  • Yes, under any circumstances.
  • Yes, but only with the trademark owner’s specific written consent.

Question 11  (look at the picture labeled picture 11-12)

Ebenezer posts a series of videos showing the cast and crew members clowning around backstage to the production company’s Vine, Instagram, and Twitter accounts. One of the videos showed up in the promotion of a charitable event that the social media site sponsored. Does the site owe the team any money for that use? 

  • No. By posting to the sites, Ebenezer gave all three a royalty-free permission as long as they are using it as disclosed in the license. There might be a right of publicity claim, though
  • Yes for Vine and Twitter, no for Instagram.

Question 12  (look at the picture labeled picture 11-12)

The production company commissions a photographer to shoot publicity shots. If Ebenezer makes an “exclusive” post on each of the three social media sites with a caption saying “Confidential: You Do Not Have Permission to Redistribute” but doesn’t set any privacy settings, will the sites be liable if the photo is shared as normal through the system?

  • No, the site licenses clearly state the content will be redistributed. The caption can’t override the license terms.
  • Yes, since the terms of the license give users sole control over the spread of their content, the caption can override the license terms.

Question 13  (look at the picture labeled picture 13-14)

Ebenezer asks Mia Escary of the girl band, GirlZ, to write music for the film and to sing an original song. She signs the synchronization agreement. If Eben is blessed enough to be able to release a soundtrack, does he have to pay Mia any additional money?

  • Yes, he has to pay statutory mechanical royalties on all public sales of the phonorecords.
  • No, the contract waives Mia’s right to mechanical royalties.

Question 14  (look at the picture labeled picture 13-14)

Will Ebenezer need a separate agreement to cover performance of the music in connection with the movie trailer or promotional videos?

  • Yes, these items are specifically excluded from the compensation paid under the agreement.
  • No, these are covered in section 1 of the agreement.

Question 15  (look at the picture labeled picture 15-16)

The stadium where the Shrikes play has signed the location release. Under the agreement, is Ebenezer obligated to identify the name of the stadium during the film or in the credits?

  • Yes, the contract requires that the stadium name be mentioned by at least one of the players depicted in the film.
  • No, whether or not to identify the stadium is in Ebenezer’s sole discretion.

Question 16  (look at the picture labeled picture 15-16)

Can Ebenezer accept free season tickets in the owner’s box in exchange for a close-up shot of the stadium name in the movie?

  • Yes, that would be an awesome trade.
  • No, the contract states that nothing of value (other than use of the stadium) was given to the production company in exchange for depicting the stadium name.

Question 17  (look at the picture labeled picture 17-19)

Ebenezer wants to explore distributing his movie through Amazon Instant Video. To do this, he must create an account with CreateSpace. As soon as he creates his account, he receives marketing material from another filmmaker who got his name from the service. He thinks this might be a good idea for him to get the word out and asks you to figure out how to get a mailing list of all the other site users. You double check the agreement and find:

  • The agreement prohibits using the CreateSpace software and information about other participants for solicitations or advertising.
  • The agreement allows soliciting CreateSpace members as long as you don’t use their software to do it.

Question 18  (look at the picture labeled picture 17-19)

If Eben shot his film guerilla-style without getting any copyright, trademark or right of publicity releases signed, would he be able to submit his film to Amazon Instant Video?

  • The agreement has him promising to pay CreateSpace and Amazon’s legal expenses if they get sued, so they don’t really care if he has the permissions or not.
  • If he did, he’d be in violation of his representation that he has all necessary rights, clearances and permissions for the movie. Violating representations can cost money.

Question 19  (look at the picture labeled picture 17-19)

Eben purchased a copy of his film from the Instant service and finds that he is able to make unlimited copies of it. Is this a breach of the contract with CreateSpace?

  • No. There is an express disclaimer of responsibility for failure of DRM, and the service doesn’t even have to put DRM controls on the film at all.
  • Yes, the agreement requires that DRM be placed on the movie, and that it work.

Question 20  (look at the picture labeled picture 20)

If Eben shot his film guerilla-style without getting any copyright, trademark or right of publicity releases signed, would he be able to submit his film to this festival? 

  • He could, but runs the risk of being disqualified and losing his submission fee and if the film festival operators get sued by anyone whose property was used without authorization, he’d have to pay al
  • No, the rules automatically disqualify the submission.
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