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The Interplay of Bankruptcy, Copyrights and Security Interests in Film Properties
The U.S. Bankruptcy Code is written so perversely in favor of a bankrupt party that a bankruptcy can upset all reasonable expectations of anyone doing business with that party. In the film industry, rights can be lost, payment obligations cancelled and other contractual obligations left in limbo for years.
The havoc is so great that it is necessary to plan in advance for the tragic event: “What if the other side goes bankrupt?” This requires a basic understanding of the extraordinary protections and rights that are afforded to debtors in a bankruptcy, particularly the right to void unperfected security interests and to reject executory contracts. This article focuses on the security interests issue.
Almost every important asset of an entertainment company relates to the ownership or exploitation of copyrights, including film and television rights, film libraries, licenses and receivables. Thus, the nature of copyright is critical to analyzing almost all entertainment bankruptcy issues.
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