-320-
Supp. 2d 1, 7 (D.D.C. 2002). Ms. Nemschoff has more than 25
years of relevant legal experience in the entertainment industry.
As an entertainment attorney, Ms. Nemschoff deals primarily with
film and television rights. She has been involved in the sale
and purchase of media libraries (including individual media
rights), in the licensing of media rights, and in copyright
registration, renewal, and restoration of media rights. She has
negotiated, drafted, and reviewed a large number of distribution
agreements. As a member of IFTA’s legal committee, Ms. Nemschoff
has participated in developing and updating model agreements or
form agreements for distribution. She has also given advice on
chain-of-title issues to filmmakers and others seeking production
financing. She has mediated disputes involving media rights and,
in that context, has seen a number of single-picture and multi-
picture distribution agreements and the kinds of disputes that
arise from those agreements. Ms. Nemschoff has been involved in
qualifying distributors for errors and omissions insurance, which
requires opining that the chain of title on a film is clear and
that there have been no violations of copyrights or defamation
problems. In some cases, this process required creating
agreements to establish the chain of title for a film.
We conclude that Ms. Nemschoff’s experience in the
entertainment industry provides a reliable basis for commenting
on what is typical and customary in the transfer of film rights
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