Media & Entertainment Law

9 Tips to keep your podcast legal

Posted on May 14, 2013
This article first appeared as a guest post on http://howtorecordpodcasts.com, as part of a series called “31 days to a better podcast.” 9 Tips to keep your podcast legal. As an entertainment and media lawyer, I?m regularly approached by bloggers, podcasters, and new media producers with questions about ?how to do it legally?...

Entertainment Law Update Podcast, Episode 40

Posted on May 03, 2013
  Call us with your feedback:(310) 243-6231 In this Episode:  YouTube wins again  Photographer can sell reprints  IMDB Prevails over actress in age disclosure case  Veoh service is legal and more?       SHOW NOTES YouTube Again Beats Viacom’s Massive Copyright Infringement Lawsuit: (Last discussed in ELU039, March 29, 2013) LA Times: http://www...

Why you should have a lawyer for every deal

Posted on April 16, 2013
Why hire a lawyer? I'm often contacted by do-it-yourselfers who just need a small tidbit of information or advice about whatever legal transaction it is they're working on. Unfortunately, even with that tidbit, they're likely to encounter trouble with the matter, and wind up spending more money to fix their own mistakes, than they would [...

Entertainment Industry Insights Podcast, Episode 002: How to Plan, Produce and Distribute Your Independent Film with Eric Sherman

Posted on April 10, 2013
 Entertainment Industry Insights Podcast  In this episode of Entertainment Industry Insights, I spoke with Eric Sherman. Eric Sherman?s life is dedicated to movies. He has worn every hat: produced, directed, acted, photographed, edited, done make-up, hair and wardrobe, made popcorn, sold movies and collected money from theaters...

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Entertainment Law Update Podcast Ep. 39 ? Holmes, Zorro and the Tin Man walk into a bar?

Posted on March 29, 2013
Call us with your feedback:(310) 243-6231 In this Episode: Ed Sullivan intro of Jersey Boys is fair use Kirtsaeng – First Sale has extraterritorial effect Sherlock Holmes copyright questions and more… Hosts:  Website:   http://firemark.com http://theatrelawyer...

U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine

Posted on March 20, 2013
Supreme Court Ruling protects student's right to sell foreign purchased copies for profit. On March 19, 2013, the U.S. Supreme Court, in an opinion by Justice Breyer, ruled that foreign-made copies of works protected under the U.S. Copyright Act are subject to the “First Sale Doctrine”...

Jersey Boys? use of Ed Sullivan Clip is fair use

Posted on March 18, 2013
Jersey Boys’ use of Ed Sullivan Clip is fair use Last week, in an interesting (and rare) theatre law case,  the 9th Circuit Court of Appeals affirmed a district court’s judgment in favor of the company producing the Broadway hit musical  Jersey Boys...

The Royalty Pool

Posted on March 14, 2013
What is the Royalty Pool? One of the most confusing terms in theatrical production agreements is the discussion of the ?Royalty Pool?. This provision in most Broadway and Off-Broadway production contracts, and increasingly in other commercial theatre situations, is usually presented as an alternative approach to paying the creative and business personnel who participate in [...

What is an ?Accredited Investor?? Why you should care.

Posted on February 22, 2013
Background  If you’re setting up financing for your next film, theatre, or new media production, and you’re planning to talk to potential investors, you need to know the rules.  Whenever a company sells investment opportunities, in which the investors will be ‘passive’, not taking any meaningful role in the management of the business, the transaction [...

Entertainment Law Update Podcast Episode 38

Posted on February 19, 2013
Call us with your feedback:(310) 243-6231 In this Episode: Subway’s footlong subs aren’t Bikram yoga isn’t too hot on court ruling Soundalikes strike dissonant chord for the Black Keys Podcast Patent lawsuit Batmobile is a character, not just a prop, and more…   Entertainment Law Update is brought to you by Clio, the best way [...

Front Money ? what it is, how it works

Posted on February 14, 2013
Front Money – what it is, how it works. What is Front Money? Front money, or Seed money, as it is often called, is a common first round of capital for a start-up businesses, including many independent films and theatrical projects. It gets its name from the idea that early stage financing plants the seed [...

Entertainment Industry Insights Podcast, Episode 001: Adam Leipzig

Posted on February 12, 2013
Annnouncing a new occasional podcast featuring interviews with Entertainment Industry Thought Leaders. In this episode, I talked to former Disney executive and National Geographic Films President Adam Leipzig about his new book, upcoming workshop, and his views on the state of the independent film business...

Asked and Answered: Can I use old time radio recordings in my play?

Posted on February 10, 2013
Steven asks about the use of old-time radio recordings as part of his new play. My answer may surprise you! This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation [...

Why people invest in entertainment

Posted on February 06, 2013
Every week, I speak with producers developing their film or theatrical projects who struggle with the big challenge: finding the financing. In many cases, they've come to me as an entertainment lawyer, thinking I have the magic solution. Sadly, I don't...

Coming soon: a comprehensive guide for filmmakers

Posted on February 03, 2013
Whether you're following through with your passion and living out your dream of becoming the next Spielberg or finally putting together a film that tells the stories so many miss, indie filmmaking comes with many obstacles unknown to any other in the entertainment industry...

Why Small Business Owners need to think about intellectual property protection

Posted on January 31, 2013
Every small business owner knows that time and money are important assets. But how many consider the value of their intellectual property? How many small businesses even consider that they own any intellectual property? Sadly, too few small business owners have ever consulted an attorney about their IP assets...

Why you need an entertainment attorney to help negotiate your television acting deals.

Posted on January 28, 2013
Why you need an entertainment attorney to help negotiate your television acting deals Not long ago, I was contacted by the manager for an actor who appears on a major network television program that's just been picked up for its second season. This actor feels he's undervalued on the show, and wants to renegotiate his [...

Why most ?work made for hire? agreements in theatre don?t work.

Posted on January 07, 2013
Writers and Producers familiar with the way things are done in Hollywood have surely seen the ubiquitous term “Work Made For Hire” in their contracts. It's often a surprise, however, when they learn that in the theatre, Work Made For Hire is the rare exception, rather than the rule...

?Tinseltown? doesn?t just mean Hollywood anymore.

Posted on January 04, 2013
When clothing manufacturer Topson Downs sought registration of the term “Tinseltown” as a trademark for belts, blazers, sweatshirts and t-shirts, the trademark office refused the registration. The USPTO examiner reviewing the application concluded that, because 'Tinseltown' is a term used to identify the region of Los Angeles also known as “Hollywood”, the use of the [...

Join Me at New Media Expo (NMX) January 6-8

Posted on December 27, 2012
The world’s largest conference and tradeshow for podcasters, bloggers and online media content producers I’m pleased to announce that I’ve been asked back to speak at the New Media Expo conference. This time around I’ll be doing double-duty, giving a solo presentation and joining a panel of social media lawyers...

Jury makes a point (break), awards $250,000 to playwright

Posted on December 26, 2012
Last week (December 20, 2012), a jury awarded a playwright $250,000 in a case concerning her parody of the 1991 film “point break” The film, starred Keanu Reeves, Patrick Swayze, and Gary Busey in a story about FBI Agent Johnny Utah’s infiltration of a team of surfing bank robbers...

Merry Christmas

Posted on December 24, 2012
It’s hard to believe that Christmas Eve has arrived already. Christmas, in America, is a very commercial holiday. In fact, much of our nation’s economy depends on the season to survive. Here in Hollywood, our industry isn’t quite that dependent on the holiday, but each year there are myriad holiday movies, tv specials, plays and [...

Entertainment Law Update Episode 037 ? Top Ten Stories of 2012

Posted on December 19, 2012
Call us with your feedback:(310) 243-6231 In this Episode: Crystal Skull lawsuit Persian Barbie dispute Age of the Hobbits injunction Artist Sues EA over throwback Ravens uniform and our completely unscientific top-ten stories from 2012 Entertainment Law Update is brought to you by Clio, the best way to manage your practice online...

Gordon Firemark on This Week In Law (TWIL), Episode 190

Posted on December 06, 2012
I’m delighted to report that I’ve been asked to again appear on the  This Week in Law podcast with hosts Denise Howell and Evan Brown.  The other guest  on his week’s show is UCLA law professor Kal Raustiala,  who blogs at The Knock Off Economy  The show will be recorded live on Friday, December 7th at 11:00am Pacific [...

Asked and Answered: Do I need permission to portray real people who died in 1872?

Posted on November 26, 2012
Entertainment Lawyer Gordon Firemark answers a question about portraying real people who died in the 1870's.Asked and Answered: Do I need permission to portray real people who died in 1872? is a post from: Law Offices of Gordon P. Firemark - Theatre, Film, TV & New Media

Happy Thanksgiving, giving thanks.

Posted on November 21, 2012
I want to take a few moments to wish all of my readers, listeners, colleagues, clients and friends, a very happy Thanksgiving. The Thanksgiving holiday is a good time to consider all that we are thankful for, and to express that gratitude. Personally, I am blessed with a marvelous family...

Join me and Save 20% on New Media Expo (NMX) in Las Vegas this January

Posted on November 19, 2012
I’m going to attending and speaking at the NMX conference January 6-8. If you’re a Web-TV producer, blogger, podcaster, or any other kind of producer, and you’re sharing your content online, you need to attend this, the flagship conference for New Media...

Entertainment Law Update Podcast Episode 036 ? Faulkner, Einstein, Superman and talent managers?

Posted on November 16, 2012
Hosts:  Website:   http://firemark.com http://theatrelawyer.com, Twitter: @gfiremark         Website:   http://createprotect.com Twitter: @tamerabennett   Show Notes Call us with your feedback:(310) 243-6231 In this Episode: William Faulkner?s suit against Sony Pictures and Woody Allen;   Warner Brothers has won an important victory in the Superman litigation, Albert Einstein?s likeness is now in the public domain, and a group [...

Update on status of Jobs Act revisions to Regulation D, Rule 506 securities offerings

Posted on November 15, 2012
Last April, Congress passed, and President Obama signed into law, the JOBS Act.  One important component of that act loosened restrictions on the way film and theatre producers companies can obtain financing through private offerings under Rule 506.  This has been the preferred approach to independent financing for films and theatre projects for some time, [...

Asked & Answered: Using references to passages from other writers? works

Posted on November 05, 2012
Q:  Robert asks whether he needs permission from a famous author’s estate to refer to a passage from that author’s book in hi screenplay.  In this video, I give my answer.  

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