Gary O. Concoff

Gary has had extensive experience in the negotiation, documentation and structuring of transactions involving the production and distribution of motion pictures and television. He has particular expertise in the financing aspects of these transactions, including both equity investments and lending in the motion picture field, where he represents investors, lenders, producers and distributors. He was recently named “Outstanding Practitioner of the Year” by the UCLA Anderson School of Management, and is rated AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell and 10.0 (Superb) by Avvo.com.

Practice Areas:

Domestic And International Film and Television Production Gary has had extensive experience in production, co-production and distribution of theatrical and video motion pictures and television (both long-form and series productions).

Domestic And International Film and Television Financing Gary has had extensive experience in the financing and co-financing of all media. He has represented numerous investors, lenders, producers and distributors in the motion picture and other asset-based lending fields including the Lewis Horwitz Organization, Bank of Boston, Walter E. Heller & Co., Crocker Bank, Wells Fargo Bank, Bank of America, City National Bank, Chemical Bank, World Trade Bank, Banque Indosuez, Berliner Bank and Bayerische Hypotheken und Wechsel Bank (“Hypo Bank”) of Munich, and U.S. Bank.

Talent Gary has represented motion picture talent of all kinds, including actors, directors and writers in connection with negotiation and documentation of agreements.

Representative Matters:

German investment group re $50 million investment in four feature pictures

California-based production company re $5.5 million investment in a single feature picture

Theatrical feature picture financed from U.K. and South African sources, to be shot in South Africa, Kenya and London

L.A.-based online video game creator, producer and publisher regarding project and corporate finance and rights agreements

Leading manufacturer of paintball sport equipment and owner of professional team competing in professional paintball league, including television series financing and television development and production, U.S. XBall League agreements and potential U.S. and European league and TV broadcast agreements re paintball league

German investor regarding two $30 million plus tax shelter investments and two sets of two feature pictures (with two separate U.S. studios: Warners and Paramount)

Independent company as to overall plan for digital delivery after feature film and other product to theaters and in all ancillary media worldwide

Banks and other lenders as to “gap” financing of theatrical motion pictures

Negotiation and documentation of employment and related stock sale agreements re executive to become president and CEO of major provider of services in motion picture industry

U.S. broadcast group in connection with structuring of the theatrical U.S. motion picture distribution system involving basic joint venture, 14 exhibition agreements with national theatrical exhibitors, and negotiation and documentation of numerous pickup distribution agreements for theatrical pictures

Jadran Studios, Zagreb, Croatia, for 10 years re 25 co-productions or studio service agreements using studio services by U.S., Canadian and/or U.K.-based production companies

Negotiation and documentation of U.S. investor/producer/director agreement re acquisition of 23% of outstanding stock of independent, publicly held distributor; organization and financing agreements regarding join the operation print and advertising fund

European independent production company as to production of feature picture titled “Taking Sides”

Independent distribution company re acquisition and U.S. distribution along with foreign licensing of “Dinner Rush”

Independent producer as to insurance-backed $100 million revolving credit from Chase Manhattan Bank relating to production financing of five theatrical feature pictures, aggregate production cost of which was contemplated to be a $200 million, as to structuring, financing, production and worldwide distribution matters

Producer of Academy Award-winning computer graphics for “What Dreams May Come” and “Matrix” and related matters for large and modest budget features

Leading German broadcaster as to $55 million acquisition of licenses and investment in and co-production of 22 animated television series (572 half hour at the episodes) and 30 two-hour television motion pictures

Litigation against Twentieth Century Fox regarding video game rights to “Planet of the Apes” as to which our client prevailed and developed and produced the video game

Major U.S. computer graphics software designer and hardware manufacturer as to limited technology transfer (license) and formation of limited liability entity to co-finance and develop location-based attractions for numerous entertainment centers in the theater multiplexes of one of the largest U.S. theatrical exhibitors

Subsidiary of Japanese conglomerate in connection with advances against territorial licenses for Japan rights and equity investment in four feature pictures and licensing to U.S. distributor of three television series

Major studio in arranging for source and negotiation and documentation of Canadian tax shelter finance relating to $50 million of television production for U.S. network broadcast

Two German banks as to U.S. aspects of $200 million loan involving ongoing multiple picture output arrangement of film producer with a U.S. major studio

National Peregrine case – Prepared briefs and argued case in Bankruptcy Court and successful appeal to US District Court before Judge Kozinski; client prevailed in case of first impression re requirement of recording in the U.S. copyright office to perfect security interest in copyright, and related issues

Estate of Margaret Mitchell (author) and related entities as to negotiated agreements and re agreements as to sequel to “Gone With the Wind” titled “Scarlett,” including as to writer of sequel novel

Developer of first computerized color conversion system for converting black and white film to color as to copyright issues, library acquisition and licensing

Education:

University of California, Los Angeles (B.S., Business Administration-Accounting)

Harvard Law School (LL.B.)

Professional Affiliations:

Former chairman, ABA Motion Picture and Television Division, Forum Committee of the Sports and Entertainment Industries (1987-1992)

Member of the Board of Governors, Los Angeles Copyright Society (1993-1995) and former member of its Board of Trustees (1976-1977, 1985-1986)

Member, Board of Directors of British Academy of Film and Television Arts (2001-2002)

Teaching And Speaking Engagements:

Gary was from 1980 through 1982 an Adjunct Professor at UCLA Law School, teaching a course titled “Motion Picture Transactions.” He was founder and first co-chair of the Annual UCLA Entertainment Symposium (at which he was a speaker on moderator on numerous occasions.) From 1987 through 1992 he acted as chair of the Motion Picture and Television Division of the Forum Committee on Sports and Entertainment Industries of the American Bar Association.
He is a frequent lecturer and author of numerous articles on legal and business matters relating to the motion picture industry, with specific emphasis on copyright and other intellectual property issues, domestic and international production, financing and exploitation of theatrical, television, video a multimedia entertainment projects. Most recently, Gary was the organizer and co-chair of programs presented at the Cannes Film Festival in May 2009, May 2010 and May 2011 titles “Optimism in the Film Industry During Challenging Times: Solutions for Film Financing and Distribution,” moderator of a section titled “Effective Negotiation of Risk Management and Mitigation Strategies from the Standpoint of the Investor or Lender and Enhancing Upside,” and panelist on a section titled “Worldwide and U.S. Distribution,” respectively.

Publications:

A multimedia case study for the program titled “New Technologies: Their Influence on International Audiovisual Law” presented in Cannes, France, by the International Chamber of Commerce and the International Bas Association (May, 1994)

Article titled “International Co-Financing Arrangements,” Los Angeles Lawyer, Los Angeles County Bar Publication (April, 1992)

Paper titled “Negotiating Contingent Interests in Motion Pictures,” originally given at IBA/CCI conference “Les Aspects Juridiques de la Commercialisation des Oeuvres Audiovisuelles” in Cannes in 1989 and published in Copyright World in July 1989 (updated January 2007)

Article titled “Co-Production and Interim Financing: The United States Situation,” presented in 1987 at the International Bar Association/International Chamber of Commerce motion picture program at the Cannes Film Festival and also published in French translation in the magazine Film Exchange, No. 39

Law review article titled “Motion Picture Secured Transactions Under the Uniform Commercial Code: Problems in Perfection,” 13 University of California at Los Angeles Law Review 1214

Reported Cases:

Lead copyright and secured transactions counsel for appellant in: In re National Peregrine, Inc., et al. v. Capital Federal Savings (11 UCC Rep. Serv.2d 1025).