Profit Participation Arrangements: TV, Film, Digital Platforms, Studios, Merchan

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Credit Hours:

1.00

Specialty Area:

None

Credit Type:

General

Original Air Date:

November 19, 2020

Credit Eligible In:

California

You may be able to self apply for credits in states not listed. BHBA provides CLE accreditation as described above. Email for accreditation information in your state.

Profit participation arrangements can be complex and major film distributors have become increasingly aggressive in asserting positions that dilute the value of these deals. This program will highlight current issues in profit participation auditing together with strategies to maximize realizations to participants.

We will be discussing common issues that arise in audits from both the auditor?s and the studio?s perspective. Our discussion will encompass issues that have been at the forefront in recent years such as related party dealings, imputed television network license fees, studios? digital platforms and reporting of revenue from merchandising and brand association deals. We will also be talking about other issues which continue to arise in audit reports such as:

Methodologies for allocating amounts to product for packaged sales in Television market
Application of 20% royalty reporting to digital receipts
Production Cost reporting ? tax incentives, interest calculation
Loading of overhead-type charges in distribution expenses over and above distribution fee

Finally, and most importantly, we will be covering:
Audit settlements and strategies for maximizing returns to clients.
Preservation of audit rights

SHOW ME THE MONEY! Profit Participation Arrangements

John M. Gatti

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Partner at Loeb & Loeb

John Gatti is a litigator with a practice focused in the entertainment, media and sports industries. John brings more than 30 years of litigation and trial experience in state, federal and bankruptcy courts as well as representing individuals and corporations in complex business and commercial lawsuits.

Widely recognized as a leader in the entertainment industry by publications such as The Hollywood Reporter, clients including studios, television networks, film financers, talent, gaming and sports entities, and independent entertainment production companies look to John as a trusted advisor. His experience includes providing counsel on actions for breach of contract; unfair competition; copyright and trademark infringement; profit participation claims; idea submission claims; and media torts, including defamation, invasion of privacy, right to publicity and use of celebrity name and likeness in all media, including the Internet.

Philip Fier

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Principal, Focus Advisory Services LLC

Philip Fier is a Principal based in Los Angeles where he directs the firm’s strategic direction and manages its projects.

Prior to Focus Advisory Services LLC, Mr. Fier was Senior Vice President of Business Development at Sony Pictures Entertainment where his groups were responsible for all strategic planning and financial analysis. This included worldwide distribution in all media, single film and video catalogue acquisitions, talent deal analysis, production greenlight process, audit claims, taxation issues and third party financing.

Prior to Sony, Mr. Fier was VP and CFO of 20th Century Fox International working on marketing and distribution strategy, acquisitions and co-financing arrangements. At both Sony and Fox, he worked on structuring and implementing deals with some of the world’s top producers including Revolution Studios, Lucasfilm, MGM and New Regency.

Richard G. Granatt

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Partner at Robinson Granatt LLP

Richard Granatt is a UK Chartered Accountant who has worked in the field of forensic accounting since 1987. Earlier in his career, as a Licensed Insolvency Practitioner, Richard built a reputation for unravelling financial statements and tracing monies that were due to creditors. Since 2005, Richard has successfully transferred this skillset into the domain of film and television profit participation audits, amassing an enviable track record of successful returns to his clients.