Media & Entertainment Law

Asked and Answered: My script is based on real people. What rights do I need?

Posted on November 19, 2009
Q:  I’m writing a modern  spec screenplay based on a true story I discovered through Internet research, and based on interviews with two participants int eh events depicted in the story.     The interviewees both eagerly agreed to participate, and have not asked for anything in exchange...

Entertainment Law Update Podcast: Episode 006: Britney worships the man downstairs?

Posted on November 16, 2009
Episode 6 of my Entertainment Law Update podcast is now available. Please visit the site to subscribe using iTunes or your favorite RSS Reader. Attorneys can get California MCLE (Continuing Legal Eduction) credit, too! Download audio file (EntertainmentLawUpdateEpisode006...

Asked and Answered: Do I need BOTH an agent and an attorney?

Posted on November 12, 2009
Q: What is the relationship between an entertainment attorney and an agent? The promotion and the protection of intellectual property are inextricably related. Can an erstwhile screen author obtain combined services? A: Your Agent and your lawyer are each key members of your team...

EMAIL DELIVERY MOVED. Re-Subscribe Please

Posted on November 10, 2009
By now, you should have received a new opt-in request, as I’m switching over to the Aweber.com email service for my newsletter. I’ve now turned off email delivery via feedburner. So, if you would like to continue receiving my Entertainment Law News updates (or if you haven’t been receiving them, but would like to), please [...

To access blog feed reader register for free. (You will also learn about new ways to read and access the freshest law blogs.)

Business Owners: Don?t be fooled by official-looking solicitations

Posted on November 10, 2009
California business owners have recently been plagued by phony  notices suggesting that they’re in danger of losing their corporate status, or being subjected to fines.  These official-looking notices from organizations with names like “corporate compliance center” request a fee and completion of a form to ensure the company’s continued compliance with California Law...

Changes to email subcriptions coming soon!

Posted on October 30, 2009
Readers who’ve subscribed to receive these blog updates via email will soon be receiving a new opt-in request, as I’m switching over to the Aweber.com email service for my newsletter. I’ll shortly be discontinuing email delivery via feedburner...

Is ?throughout the universe? contract language broad enough?

Posted on October 29, 2009
Eriq Gardner at the Hollywood Reporter, Esq. blog has got me thinking. In his post today he discusses a Wall Street Journal article that pokes fun at entertainment lawyers’ use of  “throughout the universe, in perpetuity”  to define  the territorial scope and the term of rights being granted by a contract...

Asked & Answered: I don?t have a formal contract. How do I make sure I get my credit?

Posted on October 12, 2009
“Asked and Answered” is an occasional feature of this blog.  From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. Q:  I applied to write a short for a small independent film company when they advertised for a writer...

My appearance on This Week in Law!

Posted on October 09, 2009
I’m honored to have been asked to join the panel of lawyers October 9th, for This Week in Law (TWIL) with Denise Howell.  This Week In Law is one of my favorite podcasts. I listen regularly, and look forward to being a part of it. The episode has now been published...

Asked & Answered: Should a writing team wait to have an agreement among themselves?

Posted on October 06, 2009
“Asked and Answered” is an occasional feature of this blog.  From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and  does not establish an attorney-client relationship...

Asked & Answered: Does a submission release affect my copyright? Should I sign?

Posted on September 29, 2009
“Asked and Answered” is an occasional feature of this blog.  From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and  does not establish an attorney-client relationship...

Asked and Answered: What good is having a copyright if I don't have money to sue an infringer?

Posted on September 28, 2009
“Asked and Answered” will be a new occasional feature of this blog.  From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and  does not establish an attorney-client relationship...

My guest appearance on Podcasters Emporium

Posted on September 27, 2009
PODCASTERS EMPORIUM #18Download audio file (podcastersemporium-episode18.mp3) I’m very flattered to have been asked to travel (sadly, only virtually) to Australia to  join James Williams and Dave Gray, the hosts of Australia’s “Podcasters Emporium” to talk about the legal ins and outs of podcasting...

Entertainment Law Update Podcast, Epsiode 5 ? of Hobbits, Lamps, Photographers & Google Books

Posted on September 22, 2009
Episode 5 of my Entertainment Law Update podcast is now available. Visit the site to subscribe using iTunes or your favorite RSS Reader.  Attorneys can get California MCLE (Continuing Legal Eduction) credit, too! Download audio file (EntertainmentLawUpdateEpisode005...

Asked and Answered: Should I have a Loan Out Company?

Posted on September 21, 2009
“Asked and Answered” will be a new occasional feature of this blog.  From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and  does not establish an attorney-client relationship...

The Google Books Settlement and music publishers: EMI opts out.

Posted on September 17, 2009
Chris Castle over at the Music Technology Policy blog has posted an insightful piece about EMI’s decision to opt-out of the Google Books Settlement. Here’s the link: http://www.musictechpolicy.com/2009/09/google-to-emi-stop-me-before-i-infringe...

Asked and Answered: Do I need a release to tell a true story about a person?

Posted on September 15, 2009
“Asked and Answered” will be a new occasional feature of this blog.  From time to time, I’ll answer some of the most frequently asked questions I receive in my practice. This is intended as general information only and  does not establish an attorney-client relationship...

Jeremy Piven is Off The Hook. Fish story satisfies arbitrator.

Posted on August 27, 2009
THR Esq. reports today that Jeremy Piven’s mercury poisoning excuse for leaving the Broadway production of “Speed The Plow” last season is sufficient, and he’ll not be liable to the producers for breach of contract, or other claims...

What?s the REDBOX flap really about?

Posted on August 20, 2009
Well, money, of course.  Here’s the background: Redbox is a company that provides $1 DVD rentals through kiosks set up in local supermarkets and other convenient locations.  You’ve probably seen the large red kiosks standing next to the Coinstar machines, lottery ticket vending machines, and Rug-Doctor rental stands...

Entertainment Law Update Podcast ? Episode 4: The Pope & The Little Mermaid turn it up to 11

Posted on August 13, 2009
Episode 4 of my Entertainment Law Update podcast is now available. Visit the site to subscribe using iTunes or your favorite RSS Reader.  Attorneys can get California MCLE (Continuing Legal Eduction) credit, too! Download Episode (right click) Approximate Running Time: 1:14

Hello world!

Posted on August 11, 2009
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

To LLC or Not to LLC? Not really a question.

Posted on July 28, 2009
Do I really need to form a separate LLC for each film I make? Every independent filmmaker who consults me about starting a new privately financed project asks me whether it?s really necessary to form an LLC for the Picture, or whether she can do it under her existing production company...

Entertainment Law Update ? Episode 3 ? Bloggers, Journalism & Defamation

Posted on July 15, 2009
Episode 3 of the Entertainment Law Update podcast is now available at http://entertainmentlawupdate.com Download Episode (right click) Approximate Running Time: 1:06 SHOW NOTES can be found at http://entertainmentlawupdate.com In this episode: MCLE Approval – California Approved Episode 1, pending on 2 and 3...

Why productions like ?Moneyball? get shelved.

Posted on July 07, 2009
Last month, just hours before the scheduled start of production on Columbia Pictures’ “Moneyball”, starring Brad Pitt and directed by Steven Soderbergh, the studio pulled the plug on  production, putting the project into “limited turnaround” With an A-list star like Brad Pitt, and a well-known and respected Director, the film seemed a sure-thing to some, so [...

Federal Court changes rules for Attorney?s fees awards in copyright cases.

Posted on July 06, 2009
The 9th Circuit Court of Appeals, in an unusual move, has overturned a 68 year old precedent, redifining the term “prevailing party” in copyright infringement cases. In Cadkin v. Loose, 2009 WL 1813263 (9th Cir, 2009), the Plaintiff, after extensive settlement negotiations,  an amended complaint, and other legal maneuvering,  voluntarily dismissed its complaint...

Copyright Registration and other fees increase August 1st

Posted on July 02, 2009
Everybody knows that copyright registration is important, and that doing so in a timely fashion can provide a copyright owner a greater award in an infringement suit. With the current backlog of registrations in the Copyright office, it’s especially important to get your works into the que for registration as soon as possible...

P.R.O.s continue policy of suing bars and Restaurants. Are your licenses in place?

Posted on July 02, 2009
As  I blogged  here last December,  Performance Rights Organizations like ASCAP and BMI continue their policy of pursuing legal action against bars and restaurants that play music without proper licensing.  The Hollywood Reporter, Esq. blog has a piece today, that reminds us of the policy...

Talent Agent?s chilling ?State of the Industry? message sends shivers through entertainment industry

Posted on June 30, 2009
Talent agent James J. Jones of Premiere Talent, issued a gloomy “State of the Industry” message last March, which has been circulating around town among established actors and hopefuls alike. The message paints a bleak picture for an industry following two major labor disturbances in the past two years, and suggests that [...

Reflections on the fate of the music business as we know it.

Posted on June 12, 2009
A panel I attended recently at the Recording Academy addressed digital music, particularly the problems songwriters (and record labels, artists, etc.) have getting paid for their music, particularly in the face of file-sharers obtaining copies for free...

Entertainment Law Update Podcast - Episode 2

Posted on June 03, 2009
Episode 2 of the?Entertainment Law Update Podcast, hosted by yours truly, along with?Tamera Bennett?is now online . In this episode, Tamera and I round up the latest entertainment law news, including: Beverly Hills Bar Association’s Entertainment Lawyer of the Year Pres...

Speaking at LA County Bar Association

Posted on May 29, 2009
I’m pleased to have been asked to join  an impressive panel of lawyers, including internet defamation attorney Adrianos Fachetti; class action attorney H. Scott Leviant; Barger & Wolen Marketing Director Heather Milligan, and mediator attorney Victoria Pynchon, to discuss how lawyers can use and benefit from social media...

Will Judge Sotomayor be good for the entertainment industry?

Posted on May 26, 2009
President Obama today named Judge Sonia Sotomayor as his nominee for the Supreme Court seat to be vacated by Justice David Souter upon his retirement at the end of the current term. Ben Sheffner of the Copyrights and Campaigns blog points out that before her appointment to the Federal Bench by then President George H...

Copyright Registration System under fire - part 2

Posted on May 23, 2009
In part I of this series, I discussed the current backlog on registrations at the copyright office.   Here, I discuss a more fundamental issue which questions the very validity of every copyright registration. Questions about the validity of U.S. Copyright Registrations may require dismissal of every copyright suit!? In most U...

Copyright Registration System under fire - Part 1

Posted on May 22, 2009
Entertainment Lawyers are always quick to advise their clients to register copyrights in their work.  Today, however, a couple of issues have arisen that make me wonder if  the current US Copyright registration system isn’t in trouble. Major Backlog at the Copyright Office raises questions about the whole system...

How not to use the internet to find investors for your film or theatre project.

Posted on May 13, 2009
In recent weeks, I?ve begun to see more and more independent filmmakers and theatre producers using forums, chat rooms, and other internet-services to seek out investors for their projects. In most cases, these inquiries are couched in plain language: ?Seeking investors for independent film? or similar...

Entertainment Law Update Podcast Episode

Posted on April 30, 2009
Entertainment Law Update Podcast Episode ## of the Entertainment Law Update Podcast, hosted by yours truly, along with Tamera Bennett is now online . [audio:002.entertainmentlawupdate.mp3] In this episode /li> /li> Featured Topic: ________________ CLE Credit for attorneys who listen to the podcast is pending approval in California and Texas...

New Line, Univesal Orlando sued over themepark attraction.

Posted on April 27, 2009
TRADE SECRETS THEFT AND BREACH OF CONTRACT LLEGED BY ORLANDO BUSINESS AGAINST NEW LINE CINEMA AND UNIVERSAL ORLANDO ORLANDO, FLORIDA?ICC Designs, an Orlando-based business that has for over 25 years designed and produced theme park attractions, recently filed suit against New Line Cinema and Universal Orlando for theft of its idea and design for a ?Halloween [...

?Da Ali G Show? star Sacha Baron Cohen puts one in the win column. Libel case dismissed.

Posted on April 24, 2009
“Borat” and “Bruno” star  Sacha Baron Cohen” is no stranger to lawsuits alleging defamation, but this week he  scored a victory in a suit filed by a woman (identified as “jane doe”,  who  alleged that she was defamed in an interview with Gore Vidal on “Da Ali G Show”...

Entertainment Law Update Podcast Episode 1

Posted on April 21, 2009
Entertainment Law Update Podcast I’ve been talking about this quite a bit lately, and it’s finally here… My new podcasting venture is a reality. Episode 1 of the  Entertainment Law Update Podcast, hosted by yours truly, along with Tamera Bennett is now online ...

Hollywood Breathes a sigh of relief (sort-of)

Posted on April 20, 2009
The Screen Actors Guild and the Alliance of Motion Picture and Television Producers seem to have worked out their differences over the weekend, bringing 10 months of negotiations and venomous rhetoric to an end.  The SAG membership will have to vote on the deal, which reportedly includes a 3...

Introducing Entertainment Law Update Podcast

Posted on April 13, 2009
Launching April 20th, Entertainment Law Update is an audio podcast featuring Entertainment attorneys Gordon P. Firemark and Tamera Bennett. Every month, our hosts and guests will survey the legal landscape of the entertainment industry, discussing the top cases and news stories of interest to lawyers and entertainment business professionals...

Legal pitfalls for reality and documentary producers.

Posted on April 12, 2009
The  Hollywood Reporter’s lawyer-oriented site, THR, Esq. Entertainment & Media Law Blog: has a great piece by Eriq Garder that surveys  the Top 5 ways reality shows can get sued. Recommended reading for all up-and-coming producers of reality shows, documentary films, and other media featuring real-world situations.

Court grants summary judgement over failed copyright transfer.

Posted on April 09, 2009
A ruling in American Plastic Equipment, Inc. v. Toytrackerz, LLC, 2009 WL 902422 (D. Kan. 2009) reminds us that under Section 204 of the Copyright Act, any transfer of copyright must be in a written instrument by the owner. The case involved copyright in eleven Marx action figures that had, after a number of transfers and [...

New Entertainment and Media Law info aggregator

Posted on April 01, 2009
I’m very pleased to announce today’s  launch of a new web portal, search site and aggregator dedicated to information about Entertainment and Media Law. The Entertainment and Media Law content community collects and organizes the best information from around the web to help readers learn and stay current...

Location managers protest LA City Council agenda item - Council to consider tougher film permit rules and deadlines.

Posted on March 26, 2009
The LA City Council is once again contemplating changes to the City’s location permit rules that stand to make much more difficult for Location Managers, especially those working on short timelines. The agenda for the March 31 Council meeting includes consideration for new rules would impose longer lead-times for permit requests to be submitted [...

L.A. approves incentive package

Posted on March 25, 2009
L.A. approves incentive package: “Runaway Production: City aims to keep film, TV productions in town — There’s no tax credits in there yet, but the Los Angeles City Council has approved a package of incentives aimed at keeping film and TV productions in Los Angeles ...

Is giving a Cop ?the finger? Protected Speech?

Posted on March 25, 2009
Flipping ‘the Bird’ Is Protected Speech: “A Federal Court in Pittsburgh ruled this week that A Pittsburgh motorist was exercising his constitutional right of free speech when he gave the finger to a police officer and another driver during an argument over a parking space...

$15 Million Film Tax Incentive extended through 2009

Posted on March 10, 2009
I somehow missed it last October when Congress acted to extend the $15 Million tax incentive for domestic films that was originally created in the American Jobs Creation Act of 2004. In addition to extending the program, the rules have been expanded...

SAG Board Rejects AMPTP?s final offer

Posted on February 22, 2009
The Entertainment trades are reporting that the SAG Board today voted to reject the “final” offer made by the Alliance of Motion Picture and Television Producers, setting the stage for more turmoil and the possibility of an Actor’s strike...

Force Majeure: an issue in the SAG/AMPTP negotiations

Posted on February 18, 2009
One of the issues in the impasse between the Screen Actors Guild and the Alliance of Motion Picture and Television Producers  is the Force Majeure Clause. Backstage magazine has A good piece by Armin Shimerman on Force Majeure.  The article explains the current Force majeure clause, the issue between the parties and the consquences  of its [...

Facebook gives in, abandons revised terms of service

Posted on February 18, 2009
In a follow-up to my post about Facebook’s over-reaching terms of service, I’m pleased to note that the social-networking site has bowed to pressure from users and unwanted media attention, scrapping the new terms of service only days after they were implemented...

Facebook: ?All your content belongs to us? ? yikes!

Posted on February 17, 2009
Follow this link to a piece on Mashable about recent changes to Facebook’s terms of service…  It seems the social networking site now claims a perpetual license to any content (photos, videos, etc.) you choose to post on your facebook page...

Alarming defamation ruling: Truth is NOT always a defense

Posted on February 16, 2009
Entertainment Lawyers and our clients in the film, television, music, publishing, and journalism fields  need to be aware of an alarming ruling that’s just come down in a defamation case. (Defamation is the umbrella term for reputation injury cases such as Libel and Slander)...

Congratulations to my friend and client, David Logan

Posted on February 11, 2009
Congratulations to my friend and client David Logan, whose new book, debuted on Amazon in the Number 1 position on Tuesday, and remains in the top 100. Buy it now…

Copyright Registration: do it within 3 months of first publication or lose money.

Posted on February 10, 2009
A recent ruling in the Northern District of California serves as an important reminder for creators of copyright-protected works (and their entertainment lawyers) to register the copyrights as soon as possible, and always within 3 months of first publication...

At Theatrelawyer: Is financing harder in a down economy?

Posted on January 30, 2009
Over at my other blog: TheatreLawyer.com, I’ve posted a few thoughts about whether it’s truly harder to get investor financing in place in a down economy, or whether fear, uncertainty and doubt prevent folks from trying.  Let me know your thoughts in the comments over there…

The YouTube plot thickens?

Posted on January 16, 2009
Further follow up to my post on Wednesday regarding YouTube’s automated audio-muting of user-generated videos containing unlicensed music….. According to this piece at the Hollywood Reporter.. YouTube is taking things a step further… allowing users to REPLACE offending music in video soundtracks with pre-cleared music…...

YouTube institutes automated removal of unlicensed music from posted video

Posted on January 15, 2009
UPDATE:  News.com reports in greater depth on this situation, and as it turns out, the system isn’t a unilateral, automated removal of soundtracks at all.  Apparently,YouTube identifies videos with unlicensed music using an automated filter, and then notifies the uploader/user of the situation, giving the CHOICE to mute the audio, or remove the entire video...

Interviewed today for the NY Post

Posted on January 15, 2009
I was interviewed today by a journalist at the New York Post regarding Jeremy Piven’s withdrawal from the Broadway production of “Speed The Plow” late last year. The actor withdrew suddenly from the show, citing his doctor’s advice following the discovery that he’s suffering from mercury poisoning...

YouTube institutes automated removal of unlicensed music from posted video

Posted on January 14, 2009
In this post, Read Write Web reports that YouTube has apparently instituted an automated system to remove unlicensed music tracks from videos posted to the YouTube site.  The altered videos appear without audio, apparently the ENTIRE audio track is removed, even if only a short segment contains the unlicensed music...

Good discussion of differences between copyrights, trademarks and patents

Posted on January 12, 2009
Over at  the Phosita Intellectual Property Blog, there is a good, if a bit simplified discussion of the differences between the types of Intellectual Property. This presents a good thumbnail sketch for those familiar with the concept, but not the specifics, of intellectual property.

Barkeepers beware: Providence pub must pay the piper (ASCAP / BMI / SESAC)

Posted on December 02, 2008
You’d think business owners would have gotten the word about music licenses by now, wouldn’t you?   The Providence Journal reported last Sunday about a barkeeper who’s been running his place for 16 years, featuring live and recorded music, and never thought about paying for the music that helps draw a crowd into the [...

Posted on November 28, 2008

Academy for New Musical Theatre launches Online Holiday Auction Fundraiser

Posted on November 25, 2008
The Academy for New Musical Theatre is an organization that’s close to my heart.  I serve on their  Board of Directors, and believe very strongly in their mission to foster the development of new  Musicals.    November 28 through December 7, 2008, ANMT will be  auctioning off some fun and unique items that you can bid on to help raise money for the organization...

ASK THE READERS: Will SAG go on Strike? Does anybody care?

Posted on November 24, 2008
Nikki Finke’s Deadline Hollywood  is one of my favorite places for industry news and information. She’s published a  press release from AMPTP about the breakdown of mediation talks this past weekend.  The upshot is that AMPTP believes SAG is out of touch with the reality of the new media marketplace, especially in light of the current economic [...

Year End a good time to wrap up corporate affairs

Posted on November 23, 2008
As year’s end approaches,  it’s a good time to consider dissolving and winding-up the affairs of unused corporations and Limited Liability Companies, thereby avoiding taxation for 2009. Similarly, if you’re considering starting a new corporation or LLC, you may wish to realize the expenses associated with corporate start up in 2008 by getting things underway before [...

Why every artist, band or writer should know about Google Alerts

Posted on November 19, 2008
Last week, I received an email from a bandleader client who?d discovered that another band had adopted the same exact name as his. Needless to say, he was upset and concerned that this other user would undermine the market for his band’s goods and services...

Helping others learn to practice Entertainment Law? at Solo Practice University

Posted on November 17, 2008
I’m honored to have been asked to join the faculty at Solo Practice University, a web-based legal education community created by Susan Cartier Liebel of Build a Solo Practice, LLC.  Solo Practice University? (SPU)  teaches legal professionals about the practical aspects of running a law practice...

Summary: FCC v. Fox Television Stations

Posted on November 13, 2008
Recommended reading: Andrew J. Contigula’s blog has a good summary of last week’s Supreme Court argument in  FCC v. Fox Television Stations.  The case is being closely followed by entertainment and communications lawyers, and  deals with the Federal Communications Commission’s enforcement efforts against ‘indecent’ speech and broadcasts containing “fleeting expletives”, such as those uttered by celebrities [...

Guest Posting at Current Trends in Copyright, Trademark & Entertainment Law?

Posted on November 05, 2008
I’m honored to have been asked to guest-post on Tamera Bennett’s “Current Trends in Copyright, Trademark & Entertainment Law” blog. My piece discusses the different ways in which copyright issues are handled in theatre.

Copyright in pre 1978 unpublished works?

Posted on October 31, 2008
Copyright geeks (like me) will enjoy  the  good discussion  of copyright protection for works created before 1978 but not published until after the new copyright act took effect.  Hat tip to Tara Warrington for spotting Leslie Klinger’s piece, and a nice analysis, using Bram Stoker’s alternate ending for Dracula, as an illustration...

at TheatreLawyer.com: A bit about collaboration agreements

Posted on October 30, 2008
I’ve just posted the final post  in a 3-part series of posts about the importance of Collaboration Agreements for writing and other creative teams.  See it on my other blog:  TheatreLawyer.com.

at TheatreLawyer.com: A bit about collaboration agreements

Posted on October 24, 2008
I’ve just posted the first in a 3-part series of posts about the importance of Collaboration Agreements for writing and other creative teams.  See it on my other blog:  TheatreLawyer.com.

Why Poor Man?s Copyright and Creative Commons didn?t work out for Quote Unquote Records

Posted on October 21, 2008
Hat tip to Dallas based entertainment lawyer Tamera Bennett for her blog post explaining the need for official copyright registration. (at least to one web-hosting company). Independent label Quote Unquote Records’ website was recently taken down by its web hosting provider, after the label couldn’t produce copyright registration certificates for songs posted on its website in mp3 format...

Why and How artists MUST take action when their work is infringed.

Posted on October 15, 2008
Every creative person, whether an actor, writer, filmmaker, musician or painter runs the risk of his or her work eventually being copied without permission. While sometimes, this copying is done with a clear profit motive, an increasingly common vector by which unauthorized copies appear is through well-intentioned friends and fans posting an artist’s song, photograph, painting [...

New York Governor signs ?Anti-Piracy Act? to prohibit use of recording devices in live & movie theatres

Posted on October 13, 2008
New York Governor David A. Paterson has signed into law the State’s “Anti Piracy Act”, which makes it a crime to use a recording device in a motion picture or live theatre without the written consent or authority of the theatre operator...

Interview for Praxis Theatre

Posted on September 26, 2008
I was interviewed earlier this week for Praxis Theatre’s blog.  “It’s an interesting 10 qustions with…” format Here’s the link: http://praxistheatre.blogspot.com/2008/09/10-questions-gordon-p-firemark.html

Los Angeles identified as an incubator for new Musicals. (Finally, a little recognition)

Posted on September 20, 2008
A good piece in Backstage.com reports today on the increase in number of new Musicals opening in Los Angeles, before making the step to Broadway.  Dolly Parton’s 9 to 5 is the Center Theater Group’s latest, following successes withThe Drowsy Chaperone and Curtains! The article discusses some of the advantages (talent pool, money, etc) and  challenges [...

Selling out: Product Placement in Songs.

Posted on September 19, 2008
It seems that some entrepreneurial songwriters  are approaching companies with offers to mention  products and brands in  their song lyrics.  When a misguided PR exec sent an email offering such  a service  to  Jeff Crouse of the Anti-Advertising Agency and Double Happiness Jeans… Crouse decided to Blog it...

The Law and Video Podcast for September 16, 2008

Posted on September 17, 2008
Law and Video is the first live, call-in podcast to clear the air on legal issues for filmmakers and videographers who are looking for answers to questions related to starting a production business, copyright issues, contracts, intellectual property and distribution...

Running a website or blog? You?d better have a Privacy Policy

Posted on September 03, 2008
Every website operator or blogger should have a clear, concise privacy policy conspicuously posted on the site. Failure to do so, or using a cut-and-pasted policy from another site is a recipe for disaster.

In a World mourning the loss of Don LaFontaine

Posted on September 03, 2008
The industry mourns a legend.  One of the greatest voice-over artists of all time, Don LaFontaine , passed away on Sunday.  He will be sorely missed. Mr. LaFontaine made famous the “In a World….” opening of movie trailer voice-overs...

This week in Law Podcast

Posted on August 29, 2008
Recommended Listening:  This Week In Law with Denise Howell, and her panel of entertainment, intellectual property and technology lawyers.  Episode 17 is recently out, and has some great discussion of legal issues surrounding internet, technology, open source and GPL licensing, music, video, film, youtube and lionel train sets...

Latest Episode of the Law and Video Podcast

Posted on August 26, 2008
    Law and Video is the first live, call-in podcast to clear the air on legal issues for filmmakers and videographers who are looking for answers to questions related to starting a production business, copyright issues, contracts, intellectual property and distribution...

Podcasting live, Fridays at 5pm Pacific

Posted on August 22, 2008
The Law and Video Podcast is back.  I’ll be answering listener questions about the law and video (entertainment law, privacy, film, television, music, permits, licensing, etc)    live on Fridays at 5pm Pacific.  For more details, visit www.lawandvideo...

Do lawyers need agents?

Posted on July 28, 2008
From LawComix:  Check out this funny take on lawyers jockeying for position on court pleadings:

Settlement reached in ?Urinetown? pissing match.

Posted on July 02, 2008
Playbill is reporting that the lawsuit against Akron, Ohio based Carousel Dinner Theatre, by the broadway team responsible for the original production of Urinetown  has been settled by the parties, with the Arkon producers paying the New York team an undisclosed sum, and acknowledging the unlicensed use of elements from the New York production...

Barry Neil Schrum is an entertainment

Posted on June 13, 2008
Barry Neil Schrum is an entertainment lawyer in Nashville.   On his Law on the Row website (reference to Nashville’s ‘Music Row’), he’s posted a very good article about idea protection when making submissions. He’s addressed not only copyright protection and the usual quasi-contract approach to idea protection, but also trademarks...

Law and Video Podcast returns June 3rd

Posted on June 02, 2008
The Law and Video Podcast will be back on its regular schedule Tuesday at 5pm pacific, when I’ll be answering questions live.  Visit http://www.lawandvideo.com for more information.  Or, listen by clicking the widget in the left column of this page!

REMINDER - CEL PHONE USE WHILE DRIVING

Posted on June 01, 2008
Effective July 1, 2008, use of handheld cellular telephones while driving is prohibited.  Fines start at $70 (including penalties, etc.), and increase to $175 for subsequent offenses. Go hands-free or get a ticket.

on Theatrelawyer.com - tax withholding burdens for arts presenters

Posted on May 12, 2008
Over on my other site - Theatrelawyer.com, I’ve just posted an  article I wrote for the Western Arts Alliance entitled “Tax Withholding:  An unwieldy burden for entertainers and the organizations that hire them.”

360 deals - some basics from M.E.L.O.N.

Posted on March 27, 2008
My friend and colleague Tony Berman is at it again, preparing a useful and comprehensive blog post about the growing phenomenon of so-called 360 deals, where record companies participate not only in revenues from an Artist’s record sales, but also from merchandise, touring, ticketing, online presence, marketing, sponsorships, endorsements, and the like...

Law and Video Podcast - new episode

Posted on March 25, 2008
The latest episode of The Law and Video Podcast is now available at http://www.lawandvideo.com. This week we discussed: News:  Industry pushes for Copyright Prevention Law tied to college loan funding Live Call:  Can I do anything with some old film footage I bought at a garage sale? Email questions:  How do I start an independent record label? How do I find [...

Some legal guidelines for Photographers

Posted on March 18, 2008
While surfing the net tonight, I discovered this article on Photojojo, which has some interesting tidbits of legal information for photographers. Most of the tips apply to amateur and professional photographers alike, but if your photos will be used for commercial purposes, don’t forget that some jurisdictions have stronger rights of publicity and privacy laws than [...

Law and Video entertainment law Podcast for March 4, 2008

Posted on March 06, 2008
The latest episode of The Law and Video Podcast is now available at http://www.lawandvideo.com. This week we discussed: Smoking Bans vs. the First Amendment - Minnesota bars and restaurants casting themselves as theatres. Patrons as “performers”, with smoking as theatrical performance...

Supreme Court orders Arbitration of Manager/Artist dispute

Posted on February 20, 2008
(Preston v. Ferrer)  Congratulations to my friend and colleague Joe Schleimer, who successfully argued the case of Preston v. Ferrer before the United States Supreme Court. The Court ruled today in favor of Joe’s client Arnold Preston (also an entertainment attorney), holding that when parties agree to arbitrate all questions arising under a contract, [...

Updated: Yes, it?s over! (formerly ?Is It Over??)

Posted on February 10, 2008
Within 48 hours striking screenwriters will vote on a tentative deal reached late last week between their union, Writer’s Guild of America, and TV and Film networks and producers.  If the rank-and-file vote in favor of the proposed deal, writers could be back to work as early as Tuesday or Wednesday...

Randy Quaid Fined and Banned from Actor?s Equity

Posted on February 07, 2008
Actor Randy Quaid has been fined in the amount of $81,572, and banned from the stage actors? union, Actor?s Equity Association for life, following the union?s investigation and a hearing  to examine his alleged bad behavior during the unsuccessful Seattle run of ?Lone Star Love?, a country musical based on Shakespeare?s ?The Merry Wives of [...

Copyrightability of Jokes

Posted on February 02, 2008
William Patry is copyright counsel to Google, and a scholar of copyright law.  He has recently posted a piece on his blog about Copyright protection for jokes.    Very informative and interesting!

Force Majeure clauses - ABC terminates overall deals as result of lengthy WGA strike

Posted on January 25, 2008
Last week, Variety reported that ABC has invoked the Force Majeure clauses in nearly  two dozen writer’s overall deals,  terminating those contracts on grounds that the WGA strike (now in its 3rd month). This gives rise to a discussion of what is and is-not a ‘force majeure’ event...

Music Rights for plays and musicals (Theatrelawyer.com)

Posted on January 22, 2008
I’ve just posted  a short piece on  my other site - Theatrelawyer.com about using pre-existing music in a play or musical show.    It’s a short discussion of Grand vs. Small performing rights, and some key points for licensing grand rights.

Law and Video Podcast - Hiatus extended

Posted on January 14, 2008
Due to unforeseeable technical difficulties, the Law And Video Podcast holiday Hiatus continues. Some server problems have knocked us off the air, and next week, I’ll be in Hawaii.    Once I return, though, we’ll be back in the swing of things with  live calls and emailed Q and A...

Firemark added to ANMT Board of Directors

Posted on January 14, 2008
I am very pleased to announce that I’ve been elected to the Board of Directors of the nonprofit Academy for New Musical Theatre.  This fine organization’s Mission is to foster the highest quality of musical theatre writing, and to advance the state of new musical theatre production...

Email subscription problems

Posted on January 11, 2008
Some email subscribers may have received some OLD postings.  This service is handled by feedburner, and I’ve asked them to look into it. Sorry for the mix-up.

The role of the attorney in an artist?s career.

Posted on December 22, 2007
Dante Marshall is an entertainment lawyer in Columbus, Ohio.    This week, I read his blog post about the role of the attorney in an Artist’s career.  I think it’s worthwhile reading for aspiring artists. What an attorney does and does not do.

This week on Law and Video Podcast (December 18, 2007)

Posted on December 18, 2007
  This week?s legal Q & A session is now available at http://www.lawandvideo.com. We record live on Live Tuesdays at 5pm Pacific/8pm Eastern, or you can download and listen at your convenience. This week’s topics:  Are Movie titles Trademarks?  Can I be forced to give up my fan-website name? Works created for the Government… Can the government implement [...

Quoted by Associated Press

Posted on December 17, 2007
This afternoon, I learned that I’ve been quoted in a brief piece by  Eric Carvin of the Associated Press, entitled “Do the Late Shows Want Your Jokes? No!” The essence of the piece is to ask whether with the Late Shows going back on in early January, now’s the opportunity for amateur jokesters to submit their [...

Law and Video podcast - December 4, 2007

Posted on December 05, 2007
Yup, another episode of the Law and Video podcast is in-the-can! This week’s legal Q & A session is now available at http://www.lawandvideo.com. Normally, we record live on Live Tuesdays at 5pm Pacific/8pm Eastern, or download and listen at your convenience...

This week on the podcast.

Posted on November 28, 2007
This week’s Law and Video podcast is now available at http://www.lawandvideo.com. Listen Live Tuesdays at 5pm Pacific/8pm Eastern, or download and listen at your convenience. This week’s topics: I’ve got a copyright, what do I need to do to protect it? Statutes of limitations, doctrine of laches Director’s former assistant/editor wants credit after termination...

This week on Law and Video podcast.

Posted on November 20, 2007
This week’s Law and Video podcast is now available at http://www.lawandvideo.com Listen Live Tuesdays at 5pm Pacific/8pm Eastern, or download and listen at your convenience.This week’s topics: City of New York revises permit and insurance requirements for small video productions...

Music Basics for Film and Video productions.

Posted on November 17, 2007
Music is an integral part of any filmmaker?s toolbox. Proper selection of music can help tell a story, set a mood, and build suspense. For most independent productions, however, music is either under-budgeted or not budgeted at all. Even when there IS a music budget, it?s often re-allocated to more pressing expenses during [...