Media & Entertainment Law

Entertainment Law Update Podcast Episode 13

Posted on August 25, 2010
In this Episode: Follow Ups:  Justin Bieber; Tenenbaum, Kate Plus 8 Fleeting Expletives JayZ wins A few Fair Use cases Copyrights, Trademark cases Some BIG wins for plaintiffs in profit participation suits. GET CLE CREDIT for this episode. SHOW NOTES FOLLOW UPS AND QUICK TAKES Justin Bieber?s use of Twitter has him in the news [...

Asked and Answered: Query letters as unsolicited submissions?

Posted on August 21, 2010
Q: As a TV/film screenwriter I’ve sent short pitches and query letters to several agents. Some have responded with requests to see my work, but other have returned my queries with a “no unsolicited” material letter from the submissions department...

Asked and Answered: Can I register my copyright under a Pseudonym?

Posted on August 13, 2010
Q: What’s required to protect the rights to a screenplay written under a pseudonym? A: Good news. You don’t have to do anything special to protect the rights. As I always say, however, it’s a good idea to register your copyright, as doing so provides some heightened protection, and the right to pursue statutory damages, [...

How Musical Theater projects get financed

Posted on August 06, 2010
Starting next Tuesday, I’ll be leading a theater financing workshop at the Academy For New Musical Theater. If you’re interested, it’s not too late to sign up! Just Visit ANMT.org, by clicking the links below. HOW DOES A MUSICAL GET FINANCED? Thinking about producing yourself? Wondering what makes producers tick? Looking for financing for your [...

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Asked and Answered: Do I need permission to film a business? logo or building?

Posted on August 06, 2010
Q: Among a number of scripts and short stories I’ve written is a short sight gag that I doubt I could get anyone else interested in producing — basically it would be too short, and the only market I think would be youtube.  Maybe eventually it could be included in an “anthology” of comedy skits [...

How Musical Theater projects get financed

Posted on August 03, 2010
HOW DOES A MUSICAL GET FINANCED? Thinking about producing yourself? Wondering what makes producers tick? Looking for financing for your new show? Theatrical Attorney/Producer Gordon Firemark will walk participants through the process of financing plays and musicals...

Asked and Answered: Do I need to re-register and register my copyright in other countries?

Posted on July 30, 2010
Q: I am a Canadian who wrote a screenplay and registered it for US copyright.  I have been writing query letters and submitting the screenplay to producers around the world—including to a few producers in another country who expressed interest in reading it...

Asked and Answered: Do I need to clear rights for a historical film set in the 1700s?

Posted on July 23, 2010
Q:   I am currently researching a story that occurred in the 1700s in France. I have used a number of different sources to put together a time-line of  the heroine?s life, from which I have plotted out the story. My question is, do I need to obtain any rights, given that the story occurred more [...

Producer Credit in Lieu of Compensation: Trouble in the making?

Posted on July 20, 2010
It’s quite frequent in my practice.  My clients are asked to accept less than their usual fee or “quote” for work.  What’s offered in exchange for this important concession?  You guessed it, Producer credit. Well, this is often very attractive to the client, as it helps them climb the showbiz food chain...

Asked and Answered: When are friends and family co-authors?

Posted on July 09, 2010
Q: Writers are encouraged to share their work with friends and family prior to submitting to publishing or film industry professionals. At what point does a family member’s or friend’s contribution considered sufficient to be considered collaboration? In other words, if a family member suggests changes that results in a substantial re-write, is that [...

Theatre Lovers: This summer?s for you!

Posted on July 09, 2010
As you may know, In addition to my entertainment law practice, I volunteer as the President of the Board of the Academy for New Musical Theatre.  The academy is an incubator for new musicals, helping writers, composers, lyricists and producers come together to create new works...

Asked and Answered: What happens to my rights when I change the title?

Posted on July 02, 2010
Q: I’ve sent my script to an agency and have got response they wanna represent me. The CEO of agency advices to do grammar edit and to change the title of the script. I’ve registered my rights with original title in WGA and Copyright as well...

Podcast: Entertainment Law Update ? Episode 12 ? YouTube, Hurt Locker, Idea Theft & More

Posted on July 01, 2010
In this Episode: Follow up on Hot News Viacom loses suit against YouTube. Hurt Locker Suit(s) Idea Theft Tribute Band Names Celebrity Rights of publicity GET CLE CREDIT for this episode. Go to  Entertainment Law Update podcast page

Teaching Theater Law

Posted on June 28, 2010
I’m very pleased to announce that I’ve been asked to teach some Theater Law programs this summer, and a law school course on theater law starting in the fall. ANMT BOOTCAMP First, this August, I’ll be teaching a 2-night workshop  entitled “HOW DOES A MUSICAL GET FINANCED?” as part of theAcademy for New Musical Theatre’s Musical Theatre Boot Camp...

Asked and Answered: Is changing the title, setting or character details enough to avoid paying for the rights?

Posted on June 25, 2010
Q: A playwright/filmmaker in the United Kingdom optioned a portion of my self published novel to develop into a play and short film. This playwright/filmmaker renewed the option twice over several years, with a final payment due at the end of the third year and a royalty/byline promised after production...

Should there be a ?Director?s Copyright? in stage directions? (Reader survey)

Posted on June 24, 2010
I’ve recently been grappling with a question of whether a theater director’s efforts to stage a play or musical can be protected by copyright. Now, at first blush, this might seem a simple  issue, but it’s actually rather complex.  The parameters established by  copyright law itself, are inconsistent with the custom and practice in the theater [...

Asked & Answered: When do I discuss payment?

Posted on June 18, 2010
Q: I am new to the screenplay business.  I do not have an agent since I have not yet had anything produced and the agents that I have approached are not taking on new clients. I have written a screenplay that has been a contest winner. I have shopped around and have attracted some interest [...

Asked & Answered: The collaborator who didn?t.

Posted on June 11, 2010
Q: Do I have to share my Author/Writer Credit with someone who collaborated on the script, even if he never wrote one word or typed one keystroke on the script? A: This comes down to the terms of your agreement with the  collaborator, and to the definition of “collaborated”...

Asked & Answered: Real Events reported in the media. What rights do I need?

Posted on June 04, 2010
Q: I read an article in a small town newspaper and felt it would make a great movie.  It was about a true story that occurred one weekend to some guys on a trip.  It is the kind of story you might tell some friends at dinner.  It is not a story [....

Asked & Answered: My Film?s been infringed. What now?

Posted on May 28, 2010
Q: Around 1966 I and some partners formed an independent film company and made what many consider to be one of the best horror films ever made.   I was the Production Manager, and played a major role in the picture.  Many concerns consider the film to be in Public Domain, market products, and rip us [...

Entertainment Law Update Podcast ? Episode 11: Hot News!

Posted on May 24, 2010
In this Episode: Ethics and the non-practicing attorney… a long tail Zorro draws its sword against M&M candies “Free Scooter!” cries Justin Bieber. Dramatic vs. Non-Dramatic rights in musical works Ride-along producer : Ride-along defendant? Bryant v...

Asked & Answered: Video/Film/recording performances of plays.

Posted on May 05, 2010
Q: I work in educational theater. Every year we revisit the same topic: Filming performances. I keep telling the director and others that it is simply not legal to record a performance. The response I always hear is that they never sell the film. They are only making an “archival copy” [...

Proposed ?reform? bill puts investor financing at risk.

Posted on May 05, 2010
Legislation  presented by U.S. Senate Banking Committee chairman, Chris Dodd is working its way through the legislative process.  The proposed ?Restoring American Financial Stability Act of 2009?  could make it significantly harder for film producers to utilize some of the most common investor-financing models to fund the budgets of their films...

Teaching legal workshop at Santa Clarita Valley Photo Center

Posted on May 04, 2010
Thursday, May 20th ? 6:30pm to 9:30pm Photographer?s Rights ? Gordon Firemark, Esq. instructor $69 Do you know what your rights are as a photographer? Do you know when a model or property release is required? Come join photographer and attorney Gordon Firemark as he helps you understand model releases, licensing your work for publication, working with stock-photo agencies and the basics of copyrights, trademarks and how to deal with infringements of your work, or worse, infringing on another photographers? work...

Asked and Answered: Inspired by real events

Posted on April 11, 2010
Q: I want to write a script inspired by several real-life events in my life, but I’m wondering if I need permission from everyone involved or I can just change the events enough to make it new.   If the latter, how much do I have to change so that people don’t feel like it’s their [...

Asked and Answered: Protection for a game.

Posted on April 02, 2010
Q; I’m developing a game which is an original idea and is based on a film that I did (wrote, produced, directed) and on scripts that I’m working on.  I’ve register in Mexico but I know I need to register further in the US. What is the best way to register games ? Which is the most inexpensive [...

Entertainment Law Update Podcast, Episode 10

Posted on April 01, 2010
Replicas, trademark, copyright, etc. Star Wars: the Court of Appeal strikes back – International Law Office Stormtrooper Replicas: Final Strike By British Court of Appeal Stormtroopers In The Courtroom — earlier post by Tamera: http://ipandentertainmentlaw...

Happy Passover!

Posted on March 29, 2010
Just a quick post to wish all of our readers a happy Passover!

Asked & Answered: Mechanics of copyright infringement suit.

Posted on March 26, 2010
Q: What are the mechanics of a copyright infringement law suit? How does it all work? As an example, let us say a non-U.S. based writer believes his work has been infringed by a person or entity in the U.S. Could a non-U.S. lawyer file suit? Where would the case be heard and [...

Entertainment Law Update Podcast ? Episode 9, Olympic trademarks, album integrity, and more.

Posted on March 25, 2010
The latest episode of my podcast, Entertainment Law Update is now available. Topics covered: # IP and the Olympics # Sculptural works, photographs and subsequent uses # Album Integrity in the age of digital downloads

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