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Copyrights Entertainment and Sports Law Litigation

Perfecting Film Financiers’ Liens in Copyrights

The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.

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Financiers — perhaps as much as producers, directors and actors — are responsible for film industry successes. Without lenders and investors, films cannot be made. Typically, financiers provide funding in return for proceeds from the film, that is secured by a lien in favor of the financier. The lien usually functions as collateral against the borrower’s repayment of the loan and compliance with other obligations under the financing agreement. If the borrower fails to meet its loan repayment obligations, the financier is entitled to foreclose on the collateral.

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